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Judge rejects stay application

Shalveen Chand
Friday, May 23, 2014

AN application for a permanent stay on a Magistrates Court proceedings was denied by the High Court in Suva yesterday.

Patrishna Narayan is charged with seven counts of theft, where she is alleged to have taken about $30,000 from her employers.

The appellant's reason for the application was that the video recording of transactions that allegedly happened leading to the alleged thefts has been discarded.

In her application she said the internal investigators acted in bad faith by doing this.

It was claimed that because there was no video evidence, the appellant would be prejudiced.

The State, in response, told the court there was other evidence which the prosecution was relying on.

Justice Janaka Bandara, in his ruling, said a stay in proceedings was given when there had been abuse of process, but in this case he could not see any.

He said the appellant would not be prejudiced as the prosecution witnesses could be cross examined.

According to Justice Bandara the application was without merit and premature.

Ms Narayan will stand trial in the Magistrates Court.

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