Court Dismisses Ex-MP’s Appeal, Orders $2,000 Penalty

The Suva High Court has dismissed a constitutional redress application filed by former FijiFirst MP Vijendra Prakash, imposing a $2,000 payment to the Attorney General’s Office. Prakash argued that his constitutional right to a fair trial, as outlined in Section 15 of the 2013 Constitution, was infringed upon.

In his application, Prakash named several parties, including the Chief Registrar and the Attorney General, with the Fiji Independent Commission Against Corruption (FICAC) also identified as an Interested Party. Prakash contended that his rights were violated when Justice Thusara Kumarage ruled in October 2022 that his ability to present evidence during the FICAC case against him required the waiver of his right to remain silent.

Prakash faced charges of providing false information to a public servant and illegally obtaining $33,679, leading to his conviction and a 36-month prison sentence, of which 28 months are to be actively served while the remaining eight months are suspended for five years. Frustrated with the outcome, he lodged an appeal with the Court of Appeal, which was dismissed by Justice Isikeli Mataitoga on July 26, 2024.

In his decision, Justice Pita Bulamainavalu stated that Prakash’s application was an abuse of process and highlighted the availability of adequate alternative remedies as delineated under Section 44(4) of the Constitution and various High Court rules. Additionally, while Plakash was ordered to pay costs to the Attorney General, no costs were awarded to FICAC.

This case underscores the complexities surrounding legal rights and the judicial process in Fiji. Prakash, despite the setbacks, still has avenues for further legal recourse and appeals, highlighting the resilience of the judiciary and the importance of maintaining fair trial rights, which remain central to the legal system.

In summary, while Prakash faces significant legal challenges, the judicial system continues to emphasize the rule of law and due process, reflecting hope for the continued evolution of fair trial standards in Fiji.