A man sent to prison after an “unlawful” photo was taken by a police officer, linking him to a robbery, has had the charge thrown out after a long fight and can now walk free.
Mahia Tamiefuna was convicted and sentenced to a term of imprisonment in 2021 after being charged in relation to an aggravated robbery in 2019.
Tamiefuna then appealed that conviction all the way up to the Supreme Court, who ruled the police photograph was unlawful and in breach of his rights, meaning the evidence had to be excluded.
The Supreme Court quashed the conviction and ordered a retrial.
On Wednesday, prosecutor Henry Steele told Justice Timothy Brewer the Crown would not be seeking a retrial as there was insufficient evidence to proceed.
Justice Brewer acquitted Tamiefuna allowing him to leave the dock.