The Fiji Court of Appeal has mandated that a woman charged with seven counts of document falsification and three counts of obtaining financial gain undergo a trial without further delay. Afrana Nisha had previously sought a permanent stay of proceedings, which was denied by both the Magistrate’s Court and the High Court of Fiji.
In a ruling on September 30, Justice Isikeli Mataitoga stated that for Nisha’s case to proceed, it was necessary to show that she had been tried, convicted, and sentenced by the High Court. He noted that there had been no such trial, conviction, or final judgment in her case.
As a result, Justice Mataitoga concluded that Nisha lacked the right to appeal the High Court’s decisions, and thus the Appeals Court had no jurisdiction to consider her appeal. He emphasized the need for the trial in the Magistrate’s Court to commence promptly, instructing counsel for both parties to take all necessary actions to secure a trial date.
Furthermore, the Chief Magistrate has been directed to schedule a mention of the case within two weeks, with the intention of setting an early trial date.