Court to hear man’s appeal

THE High Court in Lautoka has ruled it will hear an appeal by a man who was sentenced in absentia and remains overseas at an unknown location.

The court noted that he left Fiji at a time when his passport and travel documents were in the custody of the Magistrate’s Court.

Saiyad Khan, alias Deniss Khan, was found guilty by the Lautoka Magistrate’s Court on October 12, 2018, on charges of conspiracy to defeat justice and interference with witness and breach of bail condition and jailed for 11 months.

“At page 90 of the Magistrate’s Court record it is recorded as follows - committal warrant issued on accused and same to be served on Immigration Department for him to be arrested on arrival,” said Justice Riyaz Hamza in his March 15 ruling.

“This court finds that the accused has left the country whilst there was a stop departure and as well (while) his passport has been surrendered to the court.

“Therefore, it is evident that he has left Fiji by obtaining another passport. Court finds that these should be some strong factors or any; and for him to bypass all orders of court.

“The appellant had filed an appeal against his conviction and sentence through his lawyers. The Court of Appeal had entertained the appeal and having considered the matter refused leave to appeal against conviction and sentence.

“Therefore, considering all the facts and circumstances of this case and the submissions made by both the counsel for the appellant and the State, I am of the opinion, in the interest of justice, that this application should also be determined on its merits.”