The Suva High Court has dismissed the constitutional redress application of former FijiFirst MP Vijendra Prakash, ordering him to compensate the Attorney General’s Office with $2,000. Prakash had alleged a violation of his right to a fair trial, as protected by Section 15 of the 2013 Constitution.
In his application, Prakash named the Chief Registrar as the first respondent, the Attorney General as the second respondent, and included the Fiji Independent Commission Against Corruption (FICAC) as an interested party. He argued that his rights were infringed upon due to a ruling made by Justice Thusara Kumarage in October 2022, which placed conditions on his right to present evidence during his trial regarding the charges he faced.
Prakash was charged with providing false information to a public servant and received a conviction for obtaining a financial advantage amounting to $33,679. His conviction in February 2023 by the High Court led to a sentence of 36 months in prison, of which he is required to serve 28 months, and the remaining eight months are suspended for five years. Following his conviction, Prakash appealed to the Court of Appeal but saw his appeal dismissed on July 26, 2024, by Justice Isikeli Mataitoga.
In his recent ruling, Justice Pita Bulamainavalu highlighted that sufficient alternative legal remedies were available to Prakash as per Section 44(4) of the Constitution and the High Court Rules of 1988, leading to the decision to strike out his redress application for abuse of the legal process. Notably, while Prakash was ordered to pay damages to the Attorney General, no costs were awarded to FICAC.
This ruling emphasizes the court’s commitment to upholding legal processes while underlining the importance of addressing grievances through appropriate legal channels. It serves as a reminder to the public and elected officials alike of the necessity to adhere to the law, reflecting a hopeful move towards maintaining accountability and integrity within Fiji’s political landscape.
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