Court Dismisses Former MP’s Appeal and Orders Payment to Government

The Suva High Court has dismissed the constitutional redress application of former FijiFirst MP Vijendra Prakash and mandated that he pay $2,000 to the Attorney General’s Office. Prakash had contended that his constitutional right to a fair trial was compromised under Section 15 of the 2013 Constitution.

In his application, Prakash cited the Chief Registrar as the first respondent, the Attorney General as the second, and the Fiji Independent Commission Against Corruption (FICAC) as an interested party. He argued that his rights were violated by a ruling from Justice Thusara Kumarage in October 2022. This ruling stipulated that his right to present evidence during the trial for FICAC vs. Vijendra Prakash was contingent upon foregoing his right to remain silent.

Prakash had been convicted for providing false information to a public servant and for obtaining a financial advantage amounting to $33,679. In February 2023, he received a 36-month prison sentence, with 28 months to be served and the remaining eight months suspended for five years. Unsatisfied with this outcome, he filed an appeal to the Court of Appeal, which was ultimately dismissed on July 26, 2024, by Justice Isikeli Mataitoga.

Justice Pita Bulamainavalu concluded the proceedings by striking out Prakash’s constitutional redress application, labeling it an abuse of process and indicating that there were sufficient alternative remedies available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988. While Justice Bulamainavalu ordered Prakash to pay $2,000 to the Attorney General, he did not award costs to FICAC.

This ruling serves as a reminder of the judicial process in maintaining the integrity of legal proceedings and ensuring that individuals facing charges have access to fair legal recourse. It also reinforces the available alternatives within the constitutional framework for those who seek to challenge legal decisions.

Overall, the outcome can be seen as a positive step towards upholding the rule of law in Fiji, ensuring that the judicial process is respected, and highlighting the importance of adhering to legal guidelines in challenging convictions.