THE Court of Appeal in Suva has adjourned the criminal appeal hearing of Kusal Kunal Kumar after his defence team sought to introduce fresh evidence alleging incompetence against his trial lawyer, Mr J Reddy.
The matter, originating from Labasa High Court Case No. HAC 16 of 2022, was set down for hearing on September 8 and ruled the day after before Justices of Appeal Chandana Prematilaka, Pamela Andrews, and Robert Dobson.
Appellant’s lawyer, Abhay Singh, advised the court that he filed a motion for leave to adduce fresh evidence supported by affidavits making allegations against Kumar’s former trial lawyer.
Mr Singh stated that if the application was allowed, he intended to amend the grounds of appeal to include “counsel incompetence”.
However, the Court noted that mandatory procedures outlined in the precedent case Nilesh Chand v State had not been followed. Under the set procedure, the Court Registrar must serve the application, supporting affidavits, and a waiver of privilege directly to the former lawyer to allow them an opportunity to respond.
Finding that the court file contained no evidence of formal service or response from Reddy, the bench ruled that it was inappropriate to hear the application or the substantive appeal until Mr Reddy was given an opportunity to reply.
The Court ordered Mr Singh to file any additional material regarding former counsel’s conduct within seven days. The Registrar has been directed to forward the application and materials to Mr Reddy, who will have three weeks to file a response by way of affidavit.
The appellant will subsequently have two weeks to reply to the response.
The Court of Appeal has adjourned the hearing and directed the matter to be listed for further steps in January 2027 before the President of the Court of Appeal.
Kumar was represented by A.K. Singh Lawyers, while Luisa Latu appeared for the State.
