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Masirewa v State [2014] FJCA 81; AAU0029.2013 (2 June 2014)

IN THE COURT OF APPEAL
[On Appeal From The High Court]

CRIMINAL APPEAL NO: AAU0029 of 2013
(High Court Case No: HAM232/12 & HAM263/12)

BETWEEN:

JONE MASIREWA
Appellant

AND:

THE STATE
Respondent

Coram : Goundar JA
Counsel : No Appearance by the Appellant
Ms. J. Prasad for the Respondent

Date of Hearing : 29th May 2014
Date of Ruling : 2nd June 2014

RULING

[1] The appellant is facing multiple charges of aggravated robbery. His trial is pending in the High Court at Lautoka. He applied for bail pending trial. On 8 February 2013, the High Court dismissed the application for bail and ordered the appellant to remain in custody on remand.

[2] On 20 February 2013, the appellant filed an appeal against the High Court's decision refusing bail pending trial. An appeal against a bail decision can be taken with the leave of this Court (section 21 (3) of the Court of Appeal Act). A single judge has power to grant leave (section 35 (1) of the Court of Appeal Act).

[3] While the application for leave was pending, the appellant re-applied for bail in the High Court. On 26 July 2013, the High Court allowed the application and released the appellant on bail. Since then the appellant remained on bail.

[4] In these circumstances, this appeal is academic. A single judge has power to summarily dismiss a frivolous appeal under section 35(2) of the Court of Appeal Court.

[5] In this case, I am satisfied the appeal cannot possibly succeed and is frivolous.

Result
[6] Leave to appeal is refused.

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

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