The Supreme Court has dismissed a rare application of interim orders sought by convicted former NPF chairman Jimmy Maladina to put off his sentencing next week.
Chief Justice Sir Salamo Injia who is sitting as a single Supreme Court judge refused and dismissed Maladina’s application today.
The bid was for an interim order to stay the criminal proceedings in the National Court pending determination of an appeal against his conviction.
Leave was granted on July 5 to appeal against his conviction on the ground that the trial judge convicted the prisoner who is out on bail on circumstantial or indirect evidence before his court.
Sir Salamo in his ruling this afternoon said that type of application was rare in the Supreme Court adding that a number of procedural issues arose from the application.
He said Maladina had an arguable case on appeal against conviction particularly in relation to the findings based on circumstantial evidence.
The Chief Justice said the criminal process had not been completed and thse appellant was now awaiting the completion of the balance of the trial process.
He said sentence will have to follow the conviction not only as a matter of good practice and in the public interest but more importantly as a matter of law.
Sir Salamo said once sentence is pronounced, the applicant can still file a separate appeal against the sentence.
In dismissing the application he said the overall interest of justice favoured the continuation of the criminal trial process to its normal and lawful conclusion with the passing of sentence.
The sentence will be handed down by trial judge, Deputy Chief Justice Sir Gibbs Salika on July 15.
Pictured is Maladina with his lawyers today.