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Kirikiti v State [2017] FJCA 154; AAU17.2017 (14 December 2017)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE MAGISTRATES COURT
Exercising extended jurisdiction

CRIMINAL APPEAL AAU 17 OF 2017
(High Court HAC 306 of 2016)
(Magistrates Court No: 1348 of 2016)

BETWEEN:

ALIFASI KIRIKITI
Appellant

AND:

THE STATE
Respondent

Coram : Calanchini P
Chandra JA

Counsel: No appearance for the Appellant
Mr M Vosawale for the Respondent

Date of Hearing: 20 November 2017
Date of Ruling : 14 December 2017

RULING

[1] In a Ruling delivered on 5 December 2016 the Magistrates Court at Suva, exercising extended jurisdiction, granted bail pending trial to the Appellant on a number of strict conditions.

[2] The Appellant subsequently filed a timely notice of appeal against the bail condition. On 17 March 2017 the Appellant filed an application to abandon his appeal against the bail conditions pursuant to Rule 39 of the Court of Appeal Rules.

[3] In accordance with the decision of the Supreme Court in Masirewa –v- The State (CAV 14 of 2008; 17 August 2010) the application to abandon the appeal was listed for hearing before the Court of Appeal. There was no appearance by or on behalf of the Appellant. The Court was informed that the process server had not been able to effect service of the notice of hearing on the Appellant at his given address.

[4] Under the circumstances the application to abandon the appeal against bail conditions is granted on the basis of his signed application to do so.

Orders:

Appeal against bail conditions is dismissed.

_________________________________
Hon Mr Justice Calanchini
President, Court of Appeal

_________________________________
Hon Mr Justice Chandra
Justice of Appeal