The High Court has ordered that a fresh trial be conducted in the Magistrates Court for three men charged with bribery and abuse of office offences.
Bharat Jogia, Samuela Dakuitoga and Ifireimi Savou were sentenced on 12 July 2024 and filed appeals in the High Court.
The central argument by the three that the official transcript of the evidence given by the prosecution witnesses before a previous Resident Magistrate was unavailable, therefore, the judgment delivered by another Magistrate without the benefit of the official transcript, materially prejudiced the three.
“I conclude that the transcript made by the Appellant was not an official Court record recognized by the Court under Section 285 of the Act. As a result, it was not open for the Learned Magistrate to rely on it in making his ruling refusing the application to re-summon and rehear the Prosecution witnesses, nor in making his judgment,” stated Justice Thusara Rajasinghe in his July 2 ruling.
“I conclude that the judgment and subsequent conviction entered against the three Respondents by the Learned Magistrate, based on the 18 evidence of the Prosecution’s witnesses whose testimonies were recorded before his predecessor Magistrate, has materially prejudiced the three Respondents.”
“Despite the fact that this matter was instituted in 2016, relating to an incident that occurred in 2015, the allegations are extremely serious in nature and attract greater public interest. Hence, I find no reason not to order a re-trial.”
“The judgment dated the 12th of July 2024 is quashed, and the subsequent sentence is set aside. A re-trial is ordered before a different Resident Magistrate.”
