State considering appeal against Magistrate’s ruling

DPP Christopher Pryde. Picture: FT FILE

The Director of Public Prosecutions Christopher Pryde said the State will consider an appeal against the decision of Magistrate Jioji Boseiwaqa who discharged a man on a charge of disobedience of lawful order.

“The Magistrates’ Court discharged Sixtus Torokana on 26 May 2020 on the grounds that the particulars of the offence were incorrect and there were conflicting decisions by the High Court which needed to be resolved by the Court of Appeal,” said DPP Christopher Pryde.

“It would appear that the Magistrate may have made an error of law and the State will now review the decision before deciding on whether to appeal.”

In his ruling on Tuesday, stating he considered the April 16 High Court decision in the case of State vs Ravin Lal and Shalvin Chand, and the May 14 decision by High Court judge Justice Salesi Temo in its revision jurisdiction.

“The court has also considered the Declaration and Order of the Chief Justice dated 18th May 2020 purporting to review and rescind the judgment of Justice Temo.”

“There are two conflicting decisions of the High Court regarding offences under the Public Health Act 2019 that need to be resolved by the Court of Appeal,” stated Mr Boseiwaqa.

“Under the circumstances, the defendant is discharged,” ruled Mr Boseiwaqa.

 

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