Fiji Time: 1:39 AM on Wednesday 14 October

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Man walks free

Shayal Devi
Saturday, May 17, 2014

A MAN charged with burglary and larceny in 2005 has been acquitted by the High Court in Lautoka.

Guston Frederick Kean appeared before judge Justice Sudharshana De Silva yesterday to appeal against a discharge order by the Lautoka Magistrates Court.

While delivering the judgement, Justice De Silva said the prosecution had informed the court in 2010 that it could not proceed with the hearing because the complainant had migrated to China.

"A bench warrant is pending against the complainant so the prosecution sought to withdraw the charges under Section 169 (2) (b) (ii) of the Criminal Procedure Decree," he said.

"This application was filed in January this year seeking leave to appeal against the discharge order.

"The grounds are right to a fair trial to have this matter determined within a reasonable time have been infringed by post charge delay, the learned trial magistrate also erred in law when he failed to impose an acquittal order instead of a discharge order."

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