A High Court judge has today ruled that if for any reason the original trial judge is unavailable after convicting an accused person, another judge could sentence the accused under the Criminal Procedure Code.

This was determined by High Court judge Justice Daniel Gounder following the trial of one Sailosi Volivale who was convicted of murder, burglary and robbery with violence, respectively on April 9th, 2009.

The trial judge then was Justice Nazhat Shameem who had agreed with the conviction, with the sentencing adjourned for submissions on a minimum term for Volivale.

Gounder said, however, before the defendant could be sentenced, the constitutional event of April 10th took place after which Shameem has not returned to the bench, therefore her not being able to sentence the accused.

Gounder said it is in the defendant’s interest that he be sentenced so he could appeal the sentence if he wants adding that there is no prejudice if the accused is sentenced by another judge.