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Court rules in priest's favour

Torika Tokalau
Friday, April 12, 2013

A MUSLIM priest (imam) accused of inciting another man to injure his victim was acquitted by the Suva Magistrates Court on Tuesday after the Court found he had no case to answer.

Faiyaz Ali Khan, who was charged with the offence of incitement, walked out of court a relieved man after the decision by Chief Magistrate Usaia Ratuvili.

Mr Ratuvili said the accused had no case to answer because the State prosecution failed to provide evidence for one crucial element of the alleged offence — evidence of the injuries sustained by the complainant to support the offence of unlawful wounding.

Mr Ratuvili said this was found out after the court analysed the evidence presented by the State.

It was alleged that between October 1 and 31 in 2011, Mr Khan urged one Michael Abdullah Rahman to commit an offence, namely to unlawfully wound a Mohammed Kannukharati.

The court heard the complainant had testified he was assaulted and injured on his head on January 31 last year, however, the magistrate said there was no evidence by the State prosecution to prove this.

"After analysing the evidence that has been presented by the State, the court finds that the State has failed to provide relevant and admissible evidence to support the crucial element that the complainant was unlawfully wounded," said Mr Ratuvili.

"The accused therefore has no case to answer and is entitled to be acquitted. Faiyaz Khan you are acquitted and free to go."


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