The Fiji Court of Appeal has permitted a man from Rakiraki to challenge his four-year sentence for three counts of sexual assault, citing that he was not given the chance to seek legal counsel by the Magistrate’s Court in Rakiraki. The High Court in Lautoka handed down the sentence in May of the previous year.
In his appeal, the individual claimed that the trial magistrate made a legal error by not allowing him to engage a lawyer, and the High Court judge similarly erred by not verifying the magistrate’s adherence to procedure. Justice Isikeli Mataitoga remarked that there is currently no mention in the judgment regarding the administering of the election, which may need clarification when the complete record is presented to the full court.
He highlighted that this issue represents a significant legal point, as mentioned in the initial grounds for appeal, where the court’s failure to provide sufficient time for the appellant to choose his counsel undermines his right to a fair trial. The appellant’s lawyer may need to submit more substantial arguments on this matter before the full court hears the case.