Appellate court in session this week
Suspended Lands and Titles Court President, Fepulea’i Atilla Ropati, goes before the Appellate Court
A matter relating to suspended Lands and Titles Court President, Fepulea’i Atilla Ropati, goes before the Appellate Court Monday.
Fepulea’i was charged by the Police in July last year
The Appellate Court will be in session this week and one of the cases to be heard is the decision by Supreme Court Justice Leiataualesa Darryl Clarke to quash the District Court decision to discharge without conviction suspended Lands and Titles Court President, Fepulea’i Atilla Ropati.
This is according to information provided on the list of cases to be heard before the Appellate court and will be mention on Monday morning.
Last year November, Justice Leiataualesa upheld an appeal by the Police and ruled that the matter is remitted back to the District Court for a re-trial with the direction that section 17 of the Sentencing Act 2016 is applied.
The matter relates an incident on the night of December 15, 2017 at the end of year party convened at the Ministry of Justice and Courts Administration for the judiciary and their staff. Fepulea’i, struck a 55-year-old male at the party twice with a bottle and threw a punch at him and sustained injuries during the attack.
Fepulea'i was charged by the police and went before the District Court in July this year, where he pleaded guilty to actual bodily harm. Following a full trial, the presiding District Court Alalatoa Rosella Papali’i discharged him without conviction.
The decision of the District Court judge subsequently led to an appeal by the Police, who were represented in the appeal by Rexona Titi from the Office of the Attorney General. The respondent was represented by counsel Aumua Ming Leung Wai.
Before handing down his decision, Justice Leiataualesa told the parties that the appellant – as it did in the District Court proceedings – invited the Supreme Court to set sentencing bands for the offence of causing injury with intent.
Other cases to be heard this week, is Lemalu Saeni, Lemalu Lauti, Rev. Sialoga Lemalu & Tupe Lemalu VS Lemalu Faalafua, Lemalu Ailima Auala Lemalu Ape Vavega, Auala Enele, Auala Talaifo,Su’a Pale Limited, Land and Titles Court, Land & Titles Appellate Court. The appeal is against the Decision.
The other case is between Shu Tianxong v Harvest Plus Ventures Limited Lan Hongjian, this appeal is against the costs, says the information paper and its fourth case is between Taula Ierome Ah Kuoi vs John Ah Kuoi and is an appeal against the judgment.