Khan’s residency application fails

An application by businessman Imran Khan to stay his sentence last week and reopen his defense following his conviction for possession of methamphetamine has been rejected by the Suva High Court.

In a judgment handed down on June 30 – the day Khan was sentenced to four years’ imprisonment – ​​Justice Daniel Goundar ruled that the High Court did not have jurisdiction to intervene in the manner sought by Khan, who was convicted in the Suva Magistrate’s Court on June 17 of one count of unlawful possession of illicit drugs.

Khan had approached the High Court under Section 239 of the Criminal Procedure Act, 2009, seeking a stay of all further proceedings, including sentencing, and requesting that the court direct the magistrate’s court to reopen his case and allow further evidence to be presented.

The June 30 ruling said that after the magistrate delivered his judgment, Khan and his partner obtained new documents which they said showed that the vehicle’s registration number IV 991 was registered in the name of another person. Khan argued that the evidence was relevant to the trial court’s findings and that, without the High Court’s intervention, he would be convicted without an opportunity to present the new evidence.

However, Justice Goundar ruled that section 239 provides for an “application for arrest of judgment” only in limited circumstances where the information does not disclose an offense cognizable by law, and applies only to judgments of the High Court, not those of the magistrates’ court.

The judge further held that the High Court’s supervisory jurisdiction could not be used to reshape ongoing criminal proceedings in the magistrates’ court or to order that additional evidence be heard.

Justice Goundar said concerns about the sufficiency of evidence, the conduct of the defense or the weight attached to the documents were matters that should be resolved through the appeal process after a final order was made.

As a result, the High Court dismissed Khan’s application for lack of jurisdiction.

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