Former lawyer, 3 others acquitted of COVID breach

The Magistrates Court in Lautoka has acquitted former lawyer Haroon Ali Shah, Azad Ali, Timoci Roqara and Jone Matayadrau of one count of failure to comply.

It is alleged that the four failed to comply with the order issued by the Permanent Secretary for Health and Medical Services prohibiting entry into the greater Lautoka area on March 28, 2020.

The matter was heard before Magistrate Senikavika Jiuta orders on Wednesday.

Shah represented himself while Ali, Roqara and Matayadrau were represented by Shabana and Corporal Julian Seavula appeared for the prosecution.

The court heard that a hearing was set after the accused persons pleaded not guilty and the prosecution told the court it would rely on the caution interviews. At the close of the prosecution’s case Shah and Ms Nisha made their applications for a no case to answer

The court delivered its ruling on April 26, 2022 and found there was a case to answer.

Shah made an application to state a case before the High Court in Lautoka pursuant to section 266 of the Criminal Procedure Act.

The Magistrates Court in Lautoka then delivered its ruling on the respective application and delivered its judgement on the charge against the accused persons on Wednesday.

Magistrate Jiuta said the public notice for this gazette was published on April 3, 2020.

It did not necessarily mean it had become a law when it was gazetted on the said date, however it had become a law the moment it was announced as clearly stated in the notice.

The court heard that notice was announced the public on March 19, 2020 and that order two of the same notice stated any person in the greater Lautoka area must not leave the greater Lautoka area with effect from March 20, 2020 unless authorised by the permanent secretary for the Ministry of Health and Medical Services.

Magistrate Jiuta said there were doubts in the prosecution’s evidence as it failed to prove the elements beyond reasonable doubt.

“Upon carefully assessing the evidence presented, I find Haroon Ali Shah, Azad Ali, Timoci Roqara and Jone Matayadrau not guilty of one count of failure to comply with orders and acquit them accordingly,” Magistrate Jiuta said.

He said 28 days had been given to appeal the judgement.