The Suva Magistrate’s Court has mandated that the Land Transport Authority (LTA) reimburse $16,000 in fines previously imposed on State Civil Limited. The machinery hire company had been penalized on December 2 in Lami after allowing an unauthorized individual to operate a trailer transporting an excavator that weighed 48.08 tons, exceeding the allowable gross weight limit of 32 tons.
The company challenged the fine, represented by lawyer Mohammed Saneem, leading to a trial overseen by Magistrate Kiran Prasad. During the court proceedings, the prosecution presented three witnesses along with eight pieces of evidence. However, the court concluded that the prosecution failed to provide sufficient proof that State Civil Limited had consented to the operation of the overweight machinery.
Several inconsistencies were discovered in the testimonies of the State witnesses, creating reasonable doubt about the case’s validity. Additionally, it was revealed that one witness had misrepresented information regarding a pre-test that had supposedly taken place. The court deemed the inaccuracies in the weighing process, including the scale and method used, as significant enough to forgo the establishment of a tribunal.
Ultimately, the court acquitted State Civil Limited based on Section 178 of the Criminal Procedure Act, granting the LTA an additional 18 days to file an appeal.
This decision reflects the importance of rigorous standards in legal proceedings and the necessity for evidence to be thoroughly substantiated. It highlights the court’s dedication to upholding justice through careful evaluation of facts, which serves as a positive development for businesses seeking fair treatment within regulatory frameworks.
Summary: The Suva Magistrate’s Court has ordered the LTA to refund a $16,000 fine to State Civil Limited after finding insufficient evidence to support the charge of operating an overweight vehicle, highlighting the importance of accurate testimonies and evidence in legal matters.
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