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Lilo v State [2015] FJCA 62; AAU0075.2013 (28 May 2015)

IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT

CRIMINAL APPEAL NO: AAU 0075 OF 2013
(Miscellaneous Action No: HAC 175/2013)

BETWEEN :

SIRELI LILO
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini, P
Chandra, JA
Fernando, JA

Counsel : Appellant in Person
Mr. S. Vodokisolomone for the Respondent

Date of Hearing : 18 May 2015
Date of Ruling : 28 May 2015

JUDGMENT

Calanchini P

[1] I agree that the appeal should be dismissed.

Chandra JA

[2] I agree with the conclusions and findings of Fernando JA.

Fernando JA

[3] The Appellant seeks leave to abandon his appeal. The appeal was against a bail decision made on 26th June 2013 in the High Court of Fiji at Lautoka.

[4] The Appellant has submitted to Court a hand written document dated 18th May 2015 which states as follows:

Sireli Lilo

I the above named applicant make this application that I wish to abandon this appeal against bail pending trial. Due to a serving prisoner. This appeal will not in any way be of use.

Signed

Sireli Lilo

[5] The Appellant who appeared in person informed Court that since filing his application for bail pending trial he has now been convicted in another case and he is currently serving a sentence. He informs that his sentence will run until 2017. He further informs that in the case he appealed for bail, the Court has now fixed that case for trial in September 2015. In those circumstances he submits that pursuing this appeal will not in any way be of use. Therefore, requests that he be permitted to abandon his appeal against the bail decision.

The Orders of the Court are:

1. We grant the Appellant leave to abandon his appeal.
2. The appeal is dismissed.

..........................................
Hon. Justice W. Calanchini
President, Court of Appeal

..........................................
Hon. Justice S. Chandra
Justice of Appeal

..........................................
Hon. Justice S. Fernando
Justice of Appeal