THE police prosecution has been given a month to decide what its next step will be regarding the case of serving prisoner Lomani Tamani.
Tamani, who is serving a six-year jail term for a robbery offence, appeared in the Suva Magistrates Court yesterday for a similar offence as well as a charge of theft of a motor vehicle.
Tamani's lawyer, Michael Fesaitu, told the court the matter was from 2012 and listed for hearing. He said the prosecution had failed to serve a summons to the witness and was asking for more time.
Mr Fesaitu asked the court to discharge his client under Section 161 of the Criminal Procedure Decree.
Magistrate Sufia Hamza reminded him that under that, the application could only be made if the witnesses had been served with a summons but failed to come to court.
Ms Hamza gave the police prosecution a month's time to seek advice from the DPP's office.