A magistrate yesterday warned prosecution that he will discharge and release a man facing robbery and fire-arm charges on the next court hearing.
That is if prosecution do not confirm having the charges and other documents, in relation to the robbery and discharging of fire-arm in public charge.
Public Prosecutor Margaret Suifaāasia when mentioning the matter of Sulimae Saverio said they did not have the charge, record of interview and witnesses statements in relation to the case.
She said they have sought assistance from the police but were told there was no brief since it was missing.
She added that prosecution will follow up on the whereabouts of the materials.
Principal Magistrate Jim Seuika told prosecution that it is because of those charges that Sulimae was remanded.
āSince there was no charge and no record of interview, the accused should be released with his co-accused.ā
He then adjourned the matter to February 29, for prosecution to confirm the documents otherwise he will discharge Sulimae and have him released from custody.
Sulimae faces those charges along with other accuseds who appeared in court last week and are due back in court on March 1.
Sulimae is also charged with a separate incident in relation to the alleged incident on the night of 25 July, 2014.
This matter was adjourned to the same date as Sulimaeās other matter.
This is to confirm the legal representatives of each accused and to set a trial date.
Sulimae and his co-accused Dilo Faiga and a security officer Joe Silas were accused of robbing more than $200,000 from the ANZ Automatic Teller Machine at the Kwaimani building.
The men allegedly arrived in a car allegedly driven by Sulimae that has a fake plate number and allegedly used a crow bar to uproot the ANZ machine.
After allegedly uprooting the ATM Machine, they allegedly lifted it onto the waiting car.
They then allegedly took off with one of the security officers and went to Henderson, where they allegedly broke open the machine that contained more than $400,000.
Police further alleged that only more than $200,000 from the top tray was stolen as they could not open the bottom tray.
The stolen ATM machine weighs more than 200 kilograms.
Faiga and Silas are on bail.
Lawyers from the Public Solicitorās Office are representing all accused.
By ASSUMPTA BUCHANAN