The High Court in Labasa has acquitted two men accused of causing grievous harm to their cousin at Dala Settlement on Taveuni in 2024.
Brothers Mohammed Faraaz Isaq and Shiek Mohammed Ramzan, entered a not-guilty plea to offences of violence against Anil Prasad.
The ODPP alleges the victim went to a shop run by the men’s parents, where he got into an argument with both men.
Mr Isaq allegedly wounded the victim by hitting him on the head with a freezer compressor, while Mr Ramzan punched the victim in the chest.
According to Justice Lee James Burney, this trial was the culmination of an “unsatisfactory” investigation and prosecution.
“There has been considerable uncertainty about whether the complainant was hit with a freezer compressor, as alleged in count one, or a tyre pump, as suggested by (a prosecution witness),” stated Justice Burney on November 19.
“It would appear that there has been no effort to seize and adduce the offending equipment. As mentioned above, there are glaring inaccuracies in the information.”
He said the trial got off on the wrong foot when the prosecution opened on the basis that it was (Mr Isaq) who struck the complainant with a freezer compressor, only for it to emerge through the prosecution witnesses that it was alleged to be (Mr Ramzan) who struck the complainant with a compressor/tyre pump.
“Given these inauspicious beginnings, it is hardly surprising that the court cannot be sure of the guilt of (both men).”
Justice Burney said a picture that emerged in the incident was that it was the victim who approached Mr Isaq and unlawfully punched him in the face for no good reason.
“(The men) struck me as honest young men, and I accept their evidence. There is the ring of truth to the evidence that (Mr Isaq) was sworn at by those in the drinking party because it was thought he would make a complaint about their anti-social behaviour.
“It would appear that it was this that motivated the complainant, emboldened by Dutch courage, to go to the shop and assault the accused (Mr Isaq).”
Justice Burney found both men not guilty and acquitted them.
