High Court Judge, Justice Vinsent Perera has set aside the conviction and sentence against former SODELPA parliamentarian Mosese Bulitavu and Fiji United Freedom Party President Jagath Karunaratne.

Justice Perera has also ordered a retrial in the case.

While delivering his judgement in the last hour, Justice Perera said the Magistrate breached fundamental legal principles and the judgement in the case cannot be validated.

The judge said there is merit on the ground that the Magistrate had not dealt with the evidence properly.

Justice Perera said there had been a miscarriage of justice.

The judge also said that in the interest of justice, a retrial is necessary as the prosecution had strong evidence in the case.

Bulitavu and Karunaratne have been granted bail under the same conditions given by the Magistrates Court.

The case will be called for mention on the 24th of next month before Chief Magistrate Usaia Ratuvili.

Bulitavu was serving a sentence of two years, five months and 13 days imprisonment and Karunaratne was serving a sentence of two years, five months and 16 days imprisonment.

Bulitavu and Karunaratne were earlier found guilty of spray painting words in different places between Nausori and Suva with the seditious intention of bringing into hatred or contempt or to excite disaffection against the government of Fiji.

They allegedly did this with others between the 1st and 27th of August 2011.