Four men accused of involving in an armed robbery at Panatina last October have been acquitted on Monday.
Frank Firimolea, Eddie Funubana, Eric Nathaniel Junior and Silas Kwaota were acquitted due to insufficient evidence against them.
William Kadi of Public Solicitor’s Office who represents two of the accused had earlier made a proposal to the prosecution seeking the acquittal of the accused under section 190 (2) (b) (i) of the Criminal Procedure Code (CPC) due to insufficient evidence.
He had yesterday raised the issue of identification, of which he said is the main issue regarding this matter.
The men in the alleged armed robbery at Panatina in October last year were wearing masked at the time of the alleged offending.
Prosecution on the other hand however wanted this matter to be withdrawn under section 190 (2) (b) (ii) of the CPC that provided for a discharge.
The reason for this is that prosecution wants to send the file back to the investigators.
This is for police to fish for evidence and then reinstate the charges against the four accused.
It was heard in court yesterday that the prosecutor in carriage of this matter had sent several request to the investigators in relation to the required evidence prosecution needs but had not received a positive response.
Principal Magistrate Augustine Aulanga having heard from both counsels said the fact that police did not responded positively as required shows a total lack or failure to further investigative this matter.
He added that might have been just total laziness for the police officers to carry out job, especially when the four accused are charged with very serious offences, being armed robbery.
Mr Aulanga further added that if there is any further investigation at all, the period from October last year to yesterday should have been sufficient for police to investigate, catch up or improve on the evidence required.
“Because of the fact that they (investigators) did not respond positively, I am of the view that I will also not waste my time to continue with this matter before me.”
He said the only appropriate order before me is for him to acquit the four accused.
The alleged armed robbery incident occurred at Panatina on 13 October 2017 involving a group of masked men armed with knives and axes.
The four accused were represented by Mr Kadi and his colleagues Cathy Hite and Daniel Kwalai while Public Prosecutor Olivia Ratu appeared for the Crown.
By ASSUMPTA BUCHANAN
