Regina v Fasi [2011] SBMC 4; Criminal Case 896 of 2010 (11 April 2011)

IN THE CENTRAL MAGISTRATE COURT

Criminal Case No. 896/2010

REGINA

V

JEREMY FASI

Date of Hearing: 13/4/11
Date of Ruling: 13/4/11

Prosecution: Mr Iomea
Defence: Ms M. Bird

RULING

(1) The prosecution has sought leave to withdraw the charge on count 1 of Abuse of office pursuant to section 190 of CPC. It is submitted that under section 190 (2) (b) (ii) I should discharge the accused.

(2) When I raised this issue on 9/2/11 this matter was set for trial and the charge allegedly having been committed on 23/2/08.

(3) In the case of R v/s Kemakeza presently before me the Crown had filed the sanction in the proper form.

(4) Despite having done so in R v/s Kemakeza the Crown has submitted that a sanction in that form is not required in this case although this accused is facing same charges as Kemakeza and the Crown has submitted that the endorsement by the DPP was sufficient.

(5) The Crown should have realized its error when the defence. Pointed it out in the submission that R v/s Kemakeza had a proper sanction filed but it refused to do so.

(6) The Crown is now asking me that I should exercise the discretion in their favour and should discharge the accused.

(7) This matter as I stated earlier had reached the trial stage and was allegedly committed on 23/7/08 some 3 years ago.

(8) The accused needs to have a finality in this case and in exercise of My discretion I order that the accused shall be acquitted under section 190 (2) (b)(i) of CPC.

...............................................
Shafi Khan
Principal Magistrate