THE High Court in Lautoka dismissed an application by serial offender Deshwar Kishore Dutt seeking costs and compensation from the State following his acquittal on serious criminal charges.
Mr Dutt had appealed against a Nadi Magistrate’s Court decision that rejected his claim for financial recompense after the prosecution offered no evidence against him on charges of aggravated burglary, theft, and serious assault which stemmed from alleged offences committed in May 2017. In a judgment delivered last month, Justice Sunil Sharma affirmed that the trial magistrate properly exercised her judicial discretion.
Justice Sharma said the prosecution had not unreasonably prolonged the proceedings and that the initial trial delays were largely caused by Mr Dutt.
The court was told Mr Dutt delayed filing his written submissions on a no-case-to-answer application by nine months following a 2022 trial. By the time the submissions were lodged, the presiding magistrate had departed Fiji without delivering a ruling, necessitating an order for a trial de novo in October 2024.
The court heard that further delays ensued due to the repeated non-appearance of Dutt’s three co-accused.
Justice Sharma noted that an award of costs is not an automatic entitlement for an acquitted person, emphasising that orders of discharge must not be misconstrued as lottery tickets for financial gain.
The court found that the prosecution acted properly and held reasonable grounds based on police evidence, having called 13 witnesses during the initial trial before ultimately offering no evidence in January 2025 to avoid further delays.
In dismissing the appeal, Justice Sharma observed that the judicial process should not be manipulated by litigants and that Mr Dutt had 30 days to appeal the decision to the Court of Appeal.
