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Mototabua v State [2008] FJSC 8; CAV0004.2005S (23 July 2008)

IN THE SUPREME COURT OF THE FIJI ISLANDS
AT SUVA

CRIMINAL APPEAL NO. CAV0004OF 2005S
(Fiji Court of Appeal No. AAU0025 of 2004S)

BETWEEN:

ELIKI MOTOTABUA
Petitioner

AND:

THE STATE
Respondent

Coram: The Hon Justice Keith Mason, Judge of the Supreme Court
The Hon Justice Kenneth Handley, Judge of the Supreme Court
The Hon Justice Ronald Sackville, Judge of the Supreme Court

Hearing: Wednesday 23rd July 2008, Suva

Counsel: Petitioner in Person
Mr A. Elliot for the Respondent

Date of Judgment: Wednesday 23rd July 2008, Suva

JUDGMENT OF THE COURT

[1] This application is an abuse of process. The matter was heard fully in the February Session and it was dismissed. The document filed on 2 May 2008 describes itself as an application for leave to file 25 additional grounds. None of them raises any new matter. Most of them involve a contemptuous canvassing of this Court’s reasons. There is a passing reference to s.122(5) of the Constitution, which empowers this Court to review an earlier order. However nothing has occurred since February 2008 justifying an application to exercise such jurisdiction.

[2] We were told today that the applicant wishes to challenge his sentence. He has not yet done so in the Court of Appeal. Whether that Court would entertain an application to do so at this time is a matter for it. This Court has not addressed the matter of sentence.

[3] The petition is dismissed, and the Court orders that no further petition or application relevant to conviction be filed in this matter in the Supreme Court without the leave of a Judge of the High Court which may be granted or refused in Chambers without an oral hearing.

Hon Justice Keith Mason
Judge of the Supreme Court

Hon Justice Kenneth Handley
Judge of the Supreme Court

Hon Justice Ronald Sackville
Judge of the Supreme Court

Solicitors:
Petitioner in Person
Office of the Director of Public Prosecutions, Suva for the Respondent