The High Court has quashed the conviction and sentence former school teacher and social media commentator Kishore Kumar.

The States appeal succeeds and the case has been remitted to the Suva Magistrate Court for re-hearing before a different Magistrate.

Judge Justice Siainiu Fa’alogo Bull ruled that a critical procedural failure in the Magistrates Court resulted in a miscarriage of justice.

Kumar had been charged with unauthorised access to a computer system and causing harm through electronic communication under the Online Safety Act.

He initially pleaded not guilty but later changed his plea to guilty and was sentenced to 12 months imprisonment, suspended for three years.

However, the State later appealed the decision, arguing that the conviction was flawed because the Magistrate accepted the guilty plea without requiring a summary of facts from the prosecution.

In its ruling, the High Court agreed, finding that no factual basis had been presented in court to support the charges at the time the plea was entered.

The Judge adds that in criminal proceedings, a guilty plea must be clear, voluntary and fully informed, and that this can only be ensured when the prosecution outlines the facts of the case.

Justice Bull adds this allows the accused to understand exactly what conduct they are admitting to, and gives them an opportunity to dispute any part of it.

She adds that relying solely on the wording of the charges is insufficient, particularly for offences that require proof of specific intent.

The High Court found that without those facts, it could not be said that the respondent’s guilty plea was made in unequivocal and informed terms.

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