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Mataravula v State [2012] FJCA 51; AAU0032.2010 (27 September 2012)

IN THE COURT OF APPEAL, FIJI
APPELLATE JURISDICTION

Criminal Appeal No. AAU0032 of 2010
(High Court Miscellaneous Action No. HAM42/09)

BETWEEN:

PENI MATAIRAVULA
APPELLANT

AND:

THE STATE
RESPONDENT

Date of Ruling : 27th September 2012
Counsel : Mr. Savou J. for the Appellant
Ms. Madanavosa P. for Respondent

RULING

1. The appellant made an application to stay proceedings in cases No. 145/2006, 998/2006, 999/2006 and 1000/2006 filed in Magistrate's Court of Nadi. The stay application was refused by Madigan J in the High Court Miscellaneous case No. HAM 42/2006 by his ruling dated 21/05/2010.
   
2. Appellant appealed the said ruling to the Court of Appeal.
   
3. On 26/04/2012 when the case was called for mention in the Court of Appeal, Counsel for the appellant moved to withdraw the appeal on the instructions of the appellant. Appellant was present in Court. State Counsel did not object to the application for withdrawal.
   
4. A single Judge of the Court of Appeal has no jurisdiction to decide on an application to withdraw an appeal. In terms of Rule 39 of the Court of Appeal rules, the single judge should direct the application for withdrawal to be made before the full court.
   
5. Therefore I direct that this case be placed in the list to be heard by the full court.
   

P. Fernando
Judge of Appeal

At Suva
27 September 2012