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Ali v The State [2004] FJHC 473; HAA0103.2004L (1 October 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION

CRIMINAL APPEAL NO. HAA0103 OF 2004L

IRAAZ ALI
f/n Ponsami
Appellant

v.

THE STATE
Respondent

Mr. H.A. Shah for Mr. S.R. Shankar for the appellant
Mr. S. Qica for the respondent.

Hearing & Ruling: 1 October 2004

EXTEMPORE RULING

The appellant in this matter was convicted at the Tavua Magistrates Court on 21^st July 2003 for the offence of careless driving. The appellant was fined the sum of $80.00 in default 1-month imprisonment.

The substantive ground of appeal is that the Learned Magistrate refused an application from counsel for the appellant to recall witness, PW-1. The purpose of the recall of witness, PW-1 was as to the place of service of the Traffic Infringement Notice (TIN).

This issue is addressed by the Learned Magistrate in her judgment and as she observes, the place of service of the TIN has little to do with the issue before the court, that is whether the appellant was guilty of the offence as charged.

I find that the appeal has no merit and accordingly is dismissed.

JOHN CONNORS
JUDGE

At Lautoka
1 October 2004