Munro Leys files appeal on behalf of 19-year-old student

Law firm, Munro Leys has filed an appeal in the Suva High Court against the conviction and sentence of the 19-year-old university student who was charged for breaching the COVID-19 restrictions by kissing and hugging her boyfriend at the Suva seawall in April this year.

The appeal is against the Suva Magistrates’ Courts decision to convict and fine the woman $500.

Munro Leys says it is now acting for the university student and the appeal has been complicated by the now well-known and conflicting decisions of High Court Judge, Justice Salesi Temo and Acting Chief Justice, Kamal Kumar in the High Court.

The law firm says both of these cases directly affect the 19-year-old student’s situation and separate legal action may be necessary in respect of those decisions.

Partner, Richard Naidu says Munro Leys is now awaiting the release of the Magistrates Court record to allow them to carefully review and amend the grounds of appeal if necessary and the grounds of this appeal may be amended once they have obtained and reviewed the record.

The Suva Magistrates Court had fined the 19-year-old woman $500 on 22nd April this year.

On 14th May, High Court Judge, Justice Salesi Temo quashed and set aside the 19-year-old woman’s conviction and sentence by the Suva Magistrates Court and also dismissed the charge against her without recording a conviction.

While delivering his ruling, Justice Temo said the 19-year-old university student had pleaded guilty on the first call, was remorseful for her action, is a second-year university student, is living with her parents and is a member of the Suva Rotary Club.

Judge Temo had said that they are dealing here with a youth, a student, as a 19-year-old having a boyfriend is part and parcel of life and she is striving to better her future.

Justice Temo had said that this case clearly demonstrates the non-attendance to the constitutional demands of Section 11 (1) of the Bill of Rights of the 2013 Fijian Constitution.

On 18th May, Acting Chief Justice Kamal Kumar declared and nullified Justice Salesi Temo’s orders by saying that Justice Temo could only exercise his discretion to review the magistrates’ decisions upon receipt of a report under the hand of the Chief Justice which requires that such action be taken.

Justice Kumar says he as Acting Chief Justice did not provide any report to Justice Temo requesting him to review the magistrates’ decisions.

He says Justice Temo did this without consulting the Acting Chief Justice Office in any respect and Justice Kumar became aware of his reviewing the subject decisions or orders when it was published in the media.

Justice Kumar says Justice Temo lacked the jurisdiction to conduct the review.