The Fiji Court of Appeal has refused application for costs by Australian national Simon McCartney, whose conviction for murder of his wife in 2007 has been quashed and he was acquitted and discharged by the court last month.
Justice John Byrne, Justice Paul Madigan and Justice Priyantha Fernando ruled that under the Section 32 of the Court of Appeal Act, it clearly states no costs shall be allowed to either side of the hearing and determination of an appeal in a criminal case.
The court ruled that the power to award costs on acquittal or discharge is given to a judge or magistrate by section 150 subsection 2 and 150 subsection 3 of the Criminal Procedure Decree 2009.
The Appeals court further rules that in the instant case and in the absence of any application by the defense at the time of a stay of proceedings on the basis of unfairness, there was nothing to suggest to the prosecution that the proceedings were unreasonable.
Story by: Ronal Deo
