A man has been acquitted by the Lautoka High Court of one count of theft.
Osea Ranitu was sentenced to 2 years imprisonment with no minimum term being imposed on the 13th September this year.
It was heard in court that on the 24th August 2017 to 23rd September 2017, along the corridor of Lautoka to Ba in the Western Division, Ranitu dishonestly withdrew cash to the total value of $20,090 on 33 occasions.
The money belonged to Vijay Prasad.
In his judgement, Justice Paul Madigan has acquitted the man and ordered that he be released from custody immediately.
Justice Madigan said the error was noted by the bank when it was seen that the number assigned to the man’s ATM card was in fact the account number of Prasad, not of the man.
The Judge said the bank reimbursed Prasad’s account and reported the matter to the Police.
Ranitu was arrested and interviewed under caution and freely admitted the withdrawals.
Justice Madigan said the man had no intention at all of depriving Vijay Prasad of the property.
He said the man probably didn’t even know Prasad, each time he made a withdrawal of the ill‑gotten balance he deprived the BSP of a chose in action.
Justice Madigan said the charge being defective in two respects, it cannot stand.
He said the plea of guilty to the charge has resulted in a miscarriage of justice.
