The High Court has determined that a civil case can proceed concurrently with a criminal case arising from the same incident. This ruling was issued by Master of the High Court in Lautoka, Mohamed Azhar, on July 18, during a trial involving a man accused of dangerous driving that resulted in serious bodily harm to the victim. The victim has also initiated a civil lawsuit against the driver responsible for the accident.
Master Azhar addressed concerns raised in the case, noting that correspondence between the attorneys indicated the defendant’s counsel claimed that the jury would access the original pleadings, potentially prejudicing the defendant. He clarified that in civil cases, judges serve as the triers of facts and law, in contrast to criminal cases, where assessors previously performed that role.
He highlighted that judges now determine all facts and laws in criminal cases following the abolition of the assessor system. Master Azhar emphasized the judges’ expertise in rules of evidence, asserting that they can distinguish between pleadings and evidence. He dismissed the defendant’s arguments as baseless, reaffirming that there is no risk to fair trial integrity, as judgments will be based on evidence rather than pleadings.