“We trust that you are doing your jobs as ministers of justice when you fall short of that, expect to be called to account,” Magistrate Seini Puamau told the Office of the Director of Public Prosecutions.
Ms Puamau made the comments in a judgment delivered in the Nadi Court while acquitting a man who had been charged with aggravated burglary.
She has also ordered the ODPP “appear in respect of this matter and show cause why it should not be made to pay costs to this defendant”.
Ms Puamau found Sanjay Reddy was in no way associated with an aggravated burglary that had occurred at the Nadi Muslim mosque in 2012.
“The evidence clearly points to your having been caught up in the wave of otherwise efficient investigations that netted three other defendants, all of whom have since pleaded guilty to these crimes,” stated Ms Puamau.
“It was then for the prosecuting authority to then filter the evidence prior to laying charges in court.”
Ms Puamau stated the Prosecution Code 2003 mandates that the prosecutor ensure that the right person was charged with the right offence.
“Whatever time we saved over 27 and 28 February 2020 cannot, and does not, make up for the eight years this man has spent defending himself against these charges.
“Time and rigours and costs that would have, and should have, been avoided, had a proper analysis of the evidence had been conducted at the outset as was required by State policy.”
“Mr Reddy can be paid costs pursuant to section 150 (2) and (3) of the Criminal Procedure Act 2009.
“I remind the Director of Public Prosecutions and all prosecutors in this country that we do not vet your charges for reasonable and probable cause pursuant to section 56 (2) of the Criminal Procedure Act 2009 because we trust that you are doing your jobs as ministers of justice. When you fall short of that, expect to be called to account.”
