High Court Judge, Justice Nazhat Shameem today dismissed an appeal by the Director of Public prosecutions office against the acquittal of three men charged with grievous bodily harm.

Bissun Deo, Nilesh Kumar and Anil Kumar of Lautoka, all attending a relatives funeral were charged with assaulting Chandar Prakash in July 2004.

The court heard that the three pushed, punched and kicked Prakash after an argument resulting in him getting an eye injury.

However, after the case the Magistrates court acquitted all three saying that one of the accused has migrated while it is not the prosecution’s case that all accused has previously conspired to assault Prakash. The State appealed against the case and it was dismissed today on the grounds that a retrial is impossible after acquittal under the Criminal Procedure Code, and there were too many contradictions in the evidence from the identity of the offender to the nature of the attack by the three men.