The Director of Public Prosecutions Joe Naigulevu today apologized to the Supreme Court for not filing the affidavits which allowed the appeal of Peniaisi Tirikula.

Naigulevu told Justice Kenneth Handley that the file which was to be presented on the 11th of November last year had gone missing which regrettably resulted in them not adhering to court orders.

He told the court that they had sent the file to Lautoka to state prosecutor Wilisoni Kurusiqila who was handling the case at the time and in the process the files went missing.

Judge Handley told Naigulevu that it was a matter of profound regret that the court has allowed an appeal which could have failed.

He added that orders were given to the state on two occasions in October and January to provide certain affidavits to verify claims made by Tirikula which were never presented.

Peniasi Tirikula who was facing a 4 year 27 month sentence for a chain of criminal offences including breaking and entering and larceny was yesterday declared a free man after he appealed his case that the DPP's office failed to file affidavits in court when the court demanded it on the 18th of October and again in January.

Judge Handley told the court that they will not take any action against Naigulevu and Kurusiqila, and the court understands the pressure and difficulty faced by the DPP's office, in coping with a lot of cases that come before them and regrets that this has happened.

Judge Handley will give his reason as to why they had allowed the appeal of Tirikula tomorrow.