AN appeal by two men against an order of payment of cost has been dismissed by the High Court in Lautoka.
Avinesh Rohit Kumar and Praveen Kumar appeared before Justice Sitambarampillai Thurairaja last week.
Justice Thurairaja said the appellants were originally charged before the Magistrate Court for larceny by servant.
The court heard that on May 23 this year an application was made on behalf of their lawyer Iqbal Khan to vacate the voir dire enquiry.
Justice Thurairaja said after hearing the submission the magistrate imposed a cost order against the counsel.
He said the lawyer preferred an appeal to the High Court with four grounds of appeal.
Justice Thurairaja said Mr Khan filed submissions on May 22 and submitted a chronology of events.
Among these was that a letter, dated May 22, to divisional prosecuting team in Lautoka were advised that Mr Khan would be engaged in the Court of Appeal Civil.
Mr Khan said the letter to the prosecution office was confirmed on the same day.
The chronology said on May 23, Laisani Tabuakuro appeared on behalf of Mr Khan and requested an adjournment as per the letter dated May 22.
Justice Thuraiaraja in his judgment found all grounds of appeal failed and he dismissed the appeal.