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Foster appeal denied

Shalveen Chand
Friday, January 31, 2014

THE office of the Director of Public Prosecutions has made an application in the Suva Magistrates Court to discharge infamous fugitive Peter Foster.

Assistant DPP Michael Delaney, in his first appearance in the Fijian jurisdiction, made the application under section 169 of the Criminal Procedure Decree.

Mr Delaney told the court Mr Foster had absconded from many jurisdictions, including the UK, US, Australia and the Pacific.

He said the application was to seek leave to discharge Mr Foster and not acquit him.

Defence lawyer Barbara Malimali informed the court she supported the application by the State and made another application requesting the court to release Mr Foster's travel documents, including his passport, into her custody.

Mr Delaney told the court the application to discharge meant the file against Mr Foster was not closed.

He said if Mr Foster arrived into the country, which he was more than welcome to do, he would be arrested under the same file.

Ms Malimali said Mr Foster had not been convicted by the courts in Fiji and that it was only proper his travel documents be released to her.

Mr Delaney told the court Mr Foster was also a fugitive in Australia.

He said the travel documents were important exhibits and therefore should be left in the custody of the court.

Chief Magistrate Usaia Ratuvili told Ms Malimali that Mr Foster had absconded from the Fiji courts and her application was seeking to benefit him.

Mr Ratuvili denied Ms Malimali's application and allowed the prosecution time to make its application to discharge Mr Foster, who faces fraud-related offences.

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