Former Post Fiji chief executive officer Dr Anirudha Bansod’s appeal will be recalled next week after the High Court raised questions over whether he can appeal his conviction following his guilty plea.
Acting Judge Waleen George raised the issue today when Dr Bansod’s appeal was called before the Court.
Justice George referred to Section 247 of the Criminal Procedure Act, which provides that an accused person who has pleaded guilty cannot appeal against the conviction, but may appeal against the sentence.
The court noted that Dr Bansod had pleaded guilty and had been represented by Devanesh Sharma during the proceedings.
Justice George also questioned why an appeal against the conviction was being pursued when the appellant had admitted the offence.
The court was also told that the matter had initially proceeded to trial and that six witnesses had already been heard before the accused subsequently pleaded guilty.
Justice George said the issue of the guilty plea and the relevant provision of the law needed to be considered before the appeal could proceed.
The judge directed that the file be recalled next week for the appellant’s legal position on whether he wished to proceed with the appeal or withdraw it.
The court also heard that Dr Bansod had already served his term of imprisonment and had returned to India. Justice George said if Dr Bansod was dissatisfied with his sentence at that time while serving his term, there were avenues available through the corrections system.
The court notes that Dr Bansod is also seeking leave to appeal out of time. The matter has been adjourned to September 9.
