In this Decision Apaitia Seru is referred to as the 1st Applicant because he lodged his application first in Criminal Appeal No. AAU0041 of 1999. All parties concerned consented to a joint hearing and a joint decision on the applications before me. HAC004 of 1997. The decision that both Applicants wish to appeal against is that of Surman J. delivered on 17 July 1999.
Every person charged with an offence has the right to a fair trial before a court of law.
Every person charged with an offence and every party to a civil dispute has the right to have the case determined within a reasonable time. Surman J. refused this application. His reasons are contained in his ruling dated 17 July 1999. The proposed grounds of appeal have been provided. He therefore seeks a stay order only pending hearing of his appeal.