High court dismisses appeal by LTA
April 26, 2019 6:56 am
The Labasa High court has dismissed a case by the LTA who had appealed against the acquittal of a company charged for overloading.
The court heard that on June 2017, the driver of the vehicle owned by Nasoqo Investment Limited was stopped by a LTA officer in Vunivau, Bua.
The vehicle was permitted to be of a gross weight of 26.8 tonnes but when weighed it was of 41.34 tonnes, an excess 14.54 tonnes.
A traffic infringement notice was issued to the driver.
The court heard that the Director of Nasoqo Investment Limited wrote to the Magistrates court at Labasa stating that he wanted to dispute the TIN.
The Company lawyer than filed an application for no case to answer and the Magistrate ruled in favour and acquitted the respondent.
Following this, LTA appealed the decision but the High court Judge said that the driver was not given the opportunity to offload part of the overweight goods.
The Judge dismissed the appeal on lack of jurisdiction.