THE High Court in Suva has ordered a fresh trial after quashing the conviction and sentence of a pastor who had been jailed for sexually assaulting 12 young boys.
The 43-year-old had been convicted and sentenced in absentia on 13 charges, including sexual assault, indecent assault, and assault with intent to commit rape involving victims aged nine to 16. He was jailed for nine-years and six months.
On appeal, Justice Usaia Ratuvili found the trial magistrate had erred by proceeding with the case without conducting a proper inquiry into why the man was absent, especially after his lawyer informed the court they had no instructions.
Furthermore, the judge said the court fell into error when the magistrate proceeded to enter a not guilty plea to an amended charge in his absence. The judge noted that under Sections 182(1) and (2)(a) of the Criminal Procedure Act, requiring an accused to personally plead to an amended charge was mandatory.
Ruling the conviction unsafe, the judge set aside the conviction and sentence, remitting the file to the chief magistrate to arrange for the case to be heard de novo (fresh) by a different court this year.
The pastor has been released on a $1000 bail bond with strict bail conditions, including reporting to the Lami Police Station once a week.
The matter has been adjourned to June 19 before the chief magistrate.
