High Court Judge Justice Daniel Goundar has ordered that the attempted larceny case against former SDL Party official Jale Baba be taken back to the Magistrates Court for trial.
Baba along with another person who is now deceased were charged with one count of attempted larceny and one count of conversion for allegedly attempting to sell a government vehicle for $700 to a Naitasiri farmer on March 13th, 2000.
The trial had originally commenced in the Suva Magistrates court on January 7th 2008, and the Magistrate upheld a no case to answer application and acquitted both men.
The state than appealed the acquittals and the high court set aside the acquittals and ordered the trial to proceed with the case before the same magistrate.
Judge Goundar notes that the presiding Magistrate then left the bench and the case was transferred to another Magistrate and the new Magistrate without making a decision on how the trial would proceed transferred that matter to the High Court.
However, Justice Goundar has ruled that the Magistrate erred in transferring the case to the High court as the matter can be tried in the Magistrates court.
He ordered that the transfer is quashed and the case is remitted to the Magistrates court and the presiding Magistrate would have the discretion to either proceed with the case on the record of the previous Magistrate or start a new trial against Baba.
Judge Goundar stressed that the right to a fair trial is the ultimate objective.
The case will soon be listed for mention in the Suva Magistrates court.
Story by: Roneel Lal
