Coram: Before Oliver A. Saksak - J
Clerk: Ms Cynthia Thomas
Date: 26th July, 2001 9.45 a.m.
Counsels: No appearance for or b Public Prosecutor
No Appearance for or by the Public Solicitor - the
Defendant appears in person.
JUDGMENT
This defendant has been continuously remanded in custody
from 4th December, the date of his committal.ttal.
He is charged with an offence of rape under section 91 of
the Penal Code Act CAP.135. He first applied for bail and was refused on 24th
April, 2001. He pleaded not guilty to the charge on 3rd July,
2001. On 10th July, 2001 he made a second application for bail.
The Prosecutions objected strenuously and bail was refused. The defendant
was further remanded in custody. It was ordered on that day that he be
brought up for trail on Thursday 26th July, 2001 at 8 o’clock
a.m. Inspector Wilson D. Garae, State Prosecutor had carriage of the case on
10th July, 2001.
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The Court made it perfectly clear on 10
July, 2001 that it was concerned at the length this defendant and others
were being maintained in custody without
trial. It was hoped that after that
clear message the Prosecutor and the solicitor would understand that the
court would
not accept any further adjournments after 26th July,
2001. Unfortunately it appears that the message was not understood.
Today Mr Toa is not present. He in fact sent a fax
yesterday informing the Court why he cannot be present even today. Despite
his absence if the Prosecutor was present today, the Court would proceed in
Mr Toa’s absence. However the Prosecutions
also are not present. There is
nothing on File to explain why no-one from that office is unable to be in
Court today.
In my view there is absolutely no reason why no-one from the
Prosecutions Office should not be in Court today. Their absence
means only
that they are unable to prosecute this case. Under these given
circumstances, the Court hereby Orders that
–
(1) nbsp; &nbbp;&nnbp;& &nbbsp;
p;
The charge of rape against the defendant is dismissed.
(2) p;&nbbsp;&&bsp; &bsp;&bsp; &nbss;&nbbsp;&
sp;
The defendant is hereby acquitted.
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sp;
The defendant is to be released from custody forthwith.
