National Court review denied

AN attempt by Herman Joseph Leahy to review a National Court decision that would have ordered the public prosecutor to amend an indictment against  him, was dismissed by the Supreme Court recently.
The indictment contained one count of conspiracy to defraud the National Provident Fund of K2.5 million, one count of dishonest application of the K2.5 million and dishonest application valued at K70,000 of property that belongs to Kumugai Gumi Ltd.
Leahy contended he was discharged from the conspiracy and misappropriation charges by the District Court in 2004.
He said in May 2005, the public prosecutor presented an indictment against him to the National Court, constituted by Justice Panuel Mogish.
Leahy raised an objection to the indictment at that time but was dismissed by Justice Mogish in June 2005.
Leahy then sought leave to review Justice Mogish’s decision and leave was granted by the Supreme Court.
The review proceedings were conducted before a three- man bench of Justice Elenas Batari, David Cannings and Ere Kariko.
After the review, the Supreme Court found that the National Court had the power to allow and order an amendment and the primary judge had not erred in his decision.
The Supreme Court, therefore, rejected all the grounds of review raised by Leahy.