Respondent
Counsel: Ms M. Waqavonovono for Applicants
Mr P. Bulamainaivalu falu for Respondent
Hearing: 23rd November 2001
Judgment: 26th ber 2001
JUDGMENT
On 7th October 2001, in the case of Jonetani Sereka & Others, I held that the ctions of 7 Appellants under section 253 of the Penal Code, ode, were based on defective charges. I proceeded to substitute the convictions for convictions for the lesser offence of Wrongful
Confinement under section 256 of the Penal Code.
In Serupepeli Cerevakawalu -v- The State Crim. App. No. AAU0024 of 2001S, the Courtppeal held that the first finding, that the charges were dere defective was correct, but
that the convictions ought to have been quashed.
The convictions of the above-named persons are now before me in the Co revisionary jurisdiction on the identically-framed charge,
under section 253 of the Penal enal Code. In Case No. 2458/00, Semesa Roko, Marika Vakatubukawa, Isireli Ramatau, Peni Murivatu,
Tomasi Naweilulu, Viliame Naituku, Epi Cama and Samisoni Baleyaro were all wrongly convicted on Count 1, under section 253 of the
Penal Code. Those convictions are all quashed.
In Magistrates Court Case No. 2390 of 2000, Senijeli Boila, Marika Banuve, Jone Di Atulaga, Apimelui, Praveen Chand and Saimoni Rokotunidau
were all wrongly ngly convicted on Count 1, of Wrongful Confinement under section 253 of the Penal Code. Their convictions and sentences are also quashed, on the ground that the charge was defective and the proceedings a nullity.
Nazhat Shameem JUDGE
