JUDICIAL MURDER?: Lautoka Magistrates Court drops the death by dangerous driving charge against the FFP Minister Praveen Bala
Sri Lanka Magistrate Rangajeeva Wimalasena said that the court did not believe the witnesses as they gave contradictory evidence. An application for ‘no case to answer’ should only be allowed when there is no evidence that a crime has been committed by the defendant.
In case of State v Ratu Inoke Takiveikata, Justice Goundar said: "The phrase "no evidence" has been interpreted to mean that there is no evidence on an essential element of the charged offence (Sisa Kalisoqo v State Criminal Appeal No. 52 of 1984). If there is some evidence on the essential elements of the charged offence, the application for a no case to answer cannot succeed. The credibility, reliability and weight are matters for the assessors and not for the trial judge to consider at a no case to answer stage."
THE FACE TELLS IT ALL: Bala with his back to the victim's widow!
The ‘Galbraith Submission’ after the case of R v Galbraith  1 WLR 1039 re "No Case To Answer":
“If there is no evidence that the crime alleged has been committed by the defendant, there is no difficulty. The judge will of course stop the case. The difficulty arises where there is some evidence but it is of a tenuous character, for example because of inherent weakness or vagueness or because it is inconsistent with other evidence. (a) Where the judge comes to the conclusion that the prosecution evidence, taken at its highest, is such that a jury properly directed could not properly convict upon it, it is his duty, upon a submission being made, to stop the case. (b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness’s reliability or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the judge should allow the matter to be tried by the jury…."
22/7/2016 01:51:58 am
an acquittal means an accused can not be tried again for the same offence BUT an acquittal in a criminal court DOES NOT BIND CIVIL COURTS.
The Man who Knows
22/7/2016 02:07:20 am
If justice is not done, the people of Fiji will eventually make justice themselves... that's a dangerous decision. The courts in Fiji are so corrupt now.
22/7/2016 02:41:21 am
What an example of Hippocratic behavior! On one hand we have our AG talking endlessly about upholding the constitution & serving justice, and then we have a murderer acquitted!! It defeats the whole purpose of putting together a case in court!! The magistrate seems bias, a good ground for appeal, but than all magistrates & judges in the country are under AG's directions. I wonder what the police prosecutors were doing??? So much for professionalism in the forces...
22/7/2016 03:13:57 am
We as ordinary citizens have to abide by laws that are set forth by the constitution of the country. So why are the ministers or the VIP'S allowed to bypass it when it comes to serious offences. We all should be treated equal if we are breaking the law. It shouldn't matter who you are or what you are. I feel he should be dealt the same way as others. An offense carries a penalty so it should be handed down to anyone that is involved.
22/7/2016 06:27:11 am
Welcome back! The photograph from FT depicts a common occurrence in the courts as witnessed over many years. Opposing parties to a case are permitted to mingle outside the courtroom(s). Even when alleged murders or rape and aggravated assaults including sexual assault/incest are suspected. This is undignified, lacks respect for victims who may be grieving and also but most importantly are widowed. Such a lack of empathy and common human decency depicted in a single photo. "Mrs ........, you had better pray to your God" was whispered in one ear as an alleged murder suspect hove into too close contact in a High Court crowded ante-room in 2009. Chilling? After that one took multiple precautions before giving assistance to any witness. This was highlighted in 2012 to an Australian journalist complete with satellite phone. Observing and quite unaware of the risks.
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