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Naisua v State [2007] FJHC 46; HAM060.2007 (3 August 2007)

IN THE HIGH COURT OF FIJI
AT SUVA
MISCELLANEOUS JURISDICTION

Misc. Case No: HAM 060 of 2007

Between:

ROPATE NAISUA
Applicant

And:

THE STATE
Respondent

Hearing: 27th July 2007
Ruling: 3rd August 2007

Counsel: Applicant in person
Ms S. Hamza for State

RULING

The Applicant applies for leave to appeal against conviction. An appeal against sentence on the same court file was dismissed on the 18th of May 2007. The Applicant says that he did not realize that he could have appealed against conviction, and that he now seeks leave to do so, on the ground that he was unrepresented by counsel and was thereby prejudiced.

The time period for appeal expired on the 6th of June 2006. The appeal period can be enlarged if the Applicant has a good reason for the delay, where the delay is not excessive and where there is some merit in the appeal.

The Applicant has no good reason for the delay. Indeed in his appeal against sentence, he had every opportunity to raise his complaints against conviction but failed to do so. Indeed he was granted leave to appeal out of time for that appeal also. The delay is now excessive (more than 12 months) and there is no merit in the appeal.

In my appeal judgment of 18th May 2007, I considered the question of prejudice resulting from lack of representation although the Applicant had not raised it. The charge was of housebreaking with intent to commit a felony. He pleaded guilty although he had not been told of his right to counsel. I said in my judgment:

"Although he was not told of his right to counsel, he was not prejudiced by lack of representation. The charge was explained to him and he admitted it. The facts disclose the offence."

There is therefore no merit in his appeal against conviction. His plea was unequivocal and there was no irregularity in the procedures.

This application is therefore dismissed.

Nazhat Shameem
JUDGE

At Suva
3rd August 2007