The High Court in Lautoka has dismissed an appeal by Apimeleki Tola, a former high school teacher and current Chairman of the Native Lands Commission, upholding his conviction and nine-month prison sentence imposed by the Magistrates’ Court.
In a judgment delivered on December 16, Justice Riyaz Hamza ruled that the appeal against conviction was without merit and affirmed the earlier decision of the Lautoka Magistrates’ Court.
“This Appeal should stand dismissed and the conviction and sentence be affirmed,” Justice Hamza stated in his final orders.
Tola was convicted in absentia on September 22, 2025, on two counts of serious assault and one count of damaging property, stemming from an incident in Lautoka on October 2, 2022.
The charges related to the assault of Police Constable Zoheb Alfaaz Ali, resisting arrest by Corporal Sanjay Prasad, and damaging a Fiji Police Force vehicle valued at more than $5,000.
In his appeal, Tola argued that the Magistrates’ Court erred in proceeding with a trial in absentia and that his constitutional rights were breached. However, the High Court found that Tola had repeatedly failed to attend court despite being warned.
Justice Hamza noted that the first resident magistrate had “every right to fix the matter for trial in absentia,” particularly after Tola was clearly warned that proceedings would continue if he failed to appear without a valid reason.
Addressing concerns over identification, the judge said there was “absolutely no doubt as to the identification of the Appellant,” pointing out that both police witnesses clearly identified Tola as the offender.
With the appeal dismissed, the stop-departure order and sentence remain in force.
