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State v Ashwin [2004] FJHC 156; HAC0027Z.2003S (5 October 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC0027 OF 2003S

STATE

v.

AKASH ASHWIN

Hearing: 5th October 2004
Ruling: 5th October 2004

Counsel: Mr. W. Kuruisaqila & Ms K. Bavou for State
Ms B. Malimali for Accused

RULING

Although I am satisfied that the prosecution was unable to contact this witness and that section 290 of the Criminal Procedure Code applies to this application, I consider that because there is no dispute about the accused inflicting the stab wound, there is little probative value in the dying declaration in the statement of Nirmala Devi.

In the circumstances I refuse the State’s application to have the statement read.

Nazhat Shameem
JUDGE

At Suva
5th October 2004