The Suva High Court has this afternoon ruled that out of the eight charges that were laid against Sakiusa Tuisolia and Imrana Jalal, the state can proceed with only one charge against Tuisolia while the other seven charges have been permanently stayed.

This means that all charges against Imrana Jalal have been permanently stayed however her husband, Tuisolia still faces one count of giving false information to a public servant.

The High court on 12th March this year having considered the application from Tuisolia and Jalal stayed the proceedings on six counts, ruling that the proceedings to continue on counts four and eight only.

The DPP's office on 22nd of this month sought to file amended information by amalgamating the charge in count one which was stayed by the ruling on 19th of this month.

This afternoon, High Court Judge Justice, Priyantha Fernando in his ruling stated that he is of the view that prosecution is not entitled to include the charge in amended information when the permanent stay is in force.

He said this is an abuse of process and therefore refused the application by the DPP=s office.

The defense counsel informed the court that count four which is operating a restaurant without a license was bad in law for the reason that the period within which the prosecution has to be initiated has lapsed.

Judge Fernando said that for count four the offence alleged to have been committed between 5th Feburary 2009 to 4th June 2009.

The actions were instituted in the Magistrates court against Tuisolia and Jalal on 23rd December and 31st December 2009 respectively.

He said therefore proceedings were instituted after a lapse of 6 months from the date of the commission of the alleged offence in respect for both accused.

The judge however ruled that prosecution may proceed on the remaining count eight which is giving false information to a public servant.

Story by: Shalvin Deo