The Fiji Court of Appeal has permitted a man from Rakiraki to appeal his four-year sentence for three counts of sexual assault after determining that he was not afforded the chance to seek legal counsel in the Magistrate’s Court of Rakiraki. His sentencing occurred in May of the previous year in the High Court in Lautoka.
The appeal contended that the trial magistrate made a legal error by not allowing the defendant to engage a lawyer, while the High Court judge also erred by failing to ensure the magistrate adhered to legal protocols. Justice Isikeli Mataitoga commented that the records do not indicate whether the election was conducted correctly.
He stated, “This issue may become clearer when the complete records are presented to the full court. It highlights a purely legal matter.” The Justice emphasized that this appeal raises significant legal questions, particularly regarding the alleged infringement of the appellant’s right to a fair trial due to insufficient time provided to seek counsel.
Furthermore, he noted that the appellant’s counsel might need to submit more detailed arguments on this matter when the case is reviewed by the full court.