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Fata v Attorney General [2009] WSCA 9 (9 October 2009)

IN THE COURT OF APPEAL OF SAMOA
HELD AT APIA

C.A 19/08

BETWEEN:

TAUTAI FATA
Appellant

AND:

THE ATTORNEY GENERAL
Respondent

Coram: The Honourable Justice Baragwanath
The Honourable Justice Fisher
The Honourable Justice Slicer

Hearing: 05 October 2009

Counsel: Mr Malifa for appellant
Ms P Chang and Mr K Koria for respondent

Judgment: 09 October 2009

JUDGMENT OF THE COURT

Baragwanath J

1. We have received a memorandum from counsel for the appellant. Its first paragraph states that Mr Fata has no appeal matter. It seeks to have the appeal taken off the list and accepts that there is no appeal matter. That, so it seems to me, means that there is nothing to be appealed so therefore the appeal is abandoned.
   
2. I add, I have reviewed the materials before the court and, although the appellant is unrepresented here, I have checked the various matters or potential aspects of law raised, by in particular, the parole question and the bail question. I am satisfied that it is appropriate that the appeal be abandoned and I would propose an order that the appeal be dismissed simply rather than deferred. I do that on the basis that there is no merit on the appeal.
   
3. That was our impression when this appeal was called in the last session.
   

Slicer J
I agree

Fisher J
I agree

Baragwanath J
The appeal is dismissed

Honourable Justice Baragwanath
Honourable Justice Slicer
Honourable Justice Fisher