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Mateiviti v State [2014] FJCA 13; Criminal Misc Action 04.2012 (25 February 2014)

IN THE COURT OF APPEAL
CRIMINAL MISC. ACTION No. 4 OF 2012
(Suva High Court Case No. HAM31/11S]

BETWEEN:

EMA MATEIVITI
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA
Counsel : Appellant in Person
Mr. V. Perera for the Respondent

Date of Hearing : 24 February 2014
Date of Ruling : 25 February 2014

RULING

[1] On 1 February 2012, this appeal was filed against a refusal of bail pending trial by the High Court. While the appeal was pending for hearing, the appellant was convicted and sentenced to a term of imprisonment. She is now a serving prisoner and informed the Court that she is no longer interested in pursuing this appeal because of the delay.

[2] I am satisfied that the appeal is academic and is frivolous in a sense that it cannot possibly succeed.

[3] The appeal is dismissed under section 35(2) of the Court of Appeal Act.

....................................
Hon. Justice D. Goundar
JUSTICE OF APPEAL