In a swift response to the High Court’s decision to nullify the Court of Appeal’s (CoA) sentencing judgement on Carter Nkatla Morupisi, the State has applied for a stay of execution to prevent his release from custody. This application aims to maintain the status quo while the State prepares for an expedited appeal against the High Court’s ruling.
The High Court, in a majority judgement delivered on January 3, 2025, declared the CoA’s sentencing decision unconstitutional, citing a breach of Morupisi’s right to be tried by an independent and impartial tribunal. The decision reinstated the original sentences imposed by Justice Gabanagae and ordered Morupisi’s immediate release unless he was being held for other offences.
In its application, the State argued that releasing Morupisi before the appeal is heard would undermine public confidence in the justice system. The Attorney General’s office contended that the expedited appeal would ensure the matter is resolved promptly without causing irreversible consequences.
The State’s legal team also expressed concerns about the implications of the High Court’s judgement on the hierarchy of courts. They argued that allowing a lower court to effectively nullify a CoA decision disrupts the judicial system’s structure.
The State’s application for a stay of execution is expected to be heard as soon as possible, with the appeal expected to be fast-tracked.
