A corrections officer who was accused of stealing an Apple mobile phone from a businessman in Vatuwaqa on February 26, 2023, has been acquitted.
Sefanaia Lesumaitagai had his case called on Wednesday last week before Magistrate Yogesh Prasad for a count of aggravated robbery.
The prosecution had alleged Mr Lesumaitagai robbed Jiany Hogn Ye, 23, of his mobile phone valued at $3899 and a wallet valued at $534, containing $500 and assorted cards. The total cost of the stolen items was $4933.
The matter was set for hearing, however, the police prosecution made an application for adjournment because the accused was interviewed for the offence of aggravated robbery but the charge filed in court was that of receiving stolen property, according to the charge sheet.
The police prosecutor asked for an adjournment, but the accused’s lawyer Jiten Reddy and Yogen Kumar from Jiten Reddy lawyers objected.
The court informed him that police prosecution did not have jurisdiction to withdraw charges as this power was vested with the Office of the Director of Public Prosecutions.
Mr Prasad stressed that the matter was listed for hearing and told the prosecution to proceed and call their witnesses, but they were unable to and could not offer any evidence.
Mr Reddy then made an application under section 178 of the Criminal Procedure Act which was upheld, resulting in the acquittal of the accused.
