[File Photo]

The Suva High Court has quashed the conviction and sentence of a 51-year-old man previously found guilty of cyber-related offences, ruling that proper legal procedures were not followed in the Magistrates Court.

Former school teacher and Social Media Commentator Kishore Kumar had initially been charged with causing harm through electronic communication.

Justice Siainiu Fa’alogo Bull said that records show the matter began in December 2023, with the accused repeatedly waiving his right to legal counsel and entering not guilty pleas on multiple occasions. The case faced several delays due to his failure to appear in court.

In April of last year, Kumar changed his plea to guilty. He admitted to the charges, expressed remorse, and was subsequently sentenced to 12 months imprisonment, suspended for three years.

However, the State later appealed the conviction, arguing that the trial Magistrate erred by refusing to allow the prosecution to present a summary of facts before the guilty plea was accepted.

The High Court agreed, finding that accepting a guilty plea without hearing the prosecution’s summary of facts created uncertainty about whether the accused fully understood the charges and their legal elements.

The court emphasized that a summary of facts is essential, particularly when an accused person is unrepresented, as it ensures the plea is clear, informed, and supported by evidence.

It further ruled that relying solely on the wording of the charges without outlining the factual basis of the offences was insufficient and amounted to a procedural error.

As a result, the Suva High Court determined that the guilty plea may not have been unequivocal and that a miscarriage of justice had occurred.

The appeal was upheld, with the conviction and sentence set aside.

The case has now been sent back to the Suva Magistrates Court for a fresh hearing before a different Magistrate.