A re-trial has been ordered in relation to a case whereby a former police officer was acquitted for two counts of bribery.
Police Constable Sanita Laqenisici was convicted of accepting an advantage of $100 from Avinesh Kumar to release his mobile phone held in police custody on February 12th, 2014.
She was found guilty for taking another $100 from Kumar for not interfering with the affair of his case.
In his judgement, Judge Justice Thushara Rajasinghe says the learned magistrate failed to properly understand the main elements of the offence of bribery.
Justice Rajasinghe also highlights the verdict of acquittal from the learned magistrate does not support the evidence presented in the hearing.
He further adds the learned magistrate erred in law by criticising the investigators in his judgement.
Justice Rajasinghe says the judgement of the learned magistrate from October 2017 is set aside and an immediate re-trial is ordered before another Resident Magistrate.
The case is to be listed before the Chief Magistrate next Tuesday to take appropriate steps for an immediate re-trial.
The accused has 30 days to appeal to the Fiji Court of Appeal.
