Labasa High Court Judge Justice Paul Madigan has quashed the case of a man who was convicted for sexually assaulting his step daughter.
He was sentenced to two years imprisonment with a non-parole period of 12 months.
The man had appealed based on the grounds that he was not given an explanation about his rights in defense.
He was not given the election to have his indictable offense tried in the High Court and the Magistrate failed to take his evidence into consideration.
While delivering his judgment, Justice Madigan said that it is clear from the unclear record of proceedings that at the end of the prosecution case, the man’s rights in defense were not put to him.
It was earlier alleged that the man had sexually assaulted his step daughter who was between the ages of 5 to 6.
The man’s sentence has been set aside and the man is now freed of his sentence and his charges.
