Fiji Court of Appeal judge Justice Isikeli Mataitoga has ruled the courts cannot hear an appeal by a man who “absconded from the jurisdiction of the Magistrate’s Court” and is now away overseas.
Hong Yang Li had a work permit which had expired and had left the country while his appeal was in court.
He was found guilty on one count of serious assault on May 4, 2016 for attacking Police Constable Shivneel Prasad in the due execution of his duty and sentenced to six months jail term.
“In this matter there is a serious issue of public policy that needs to be addressed: Should the court entertain an appeal from a person who is deliberately evading jurisdiction by flouting its order?”Justice Mataitoga in his April 2 ruling stated.
“On the circumstances of this case, the appellant is not in Fiji and is unlikely to be back again.”
“He is not a citizen and his work permit is already expired or terminated. In light of the brazen manner in which he absconded from the jurisdiction of the Magistrate’s Court, the appellant has denied himself by his action with right to appeal to this court.”
