The Suva High Court has dismissed Vijendra Prakash’s application for constitutional redress, requiring him to pay $2,000 to the Attorney General’s Office. Prakash, a former MP for FijiFirst, claimed his right to a fair trial, as guaranteed by Section 15 of the 2013 Constitution, was infringed upon during his legal proceedings.
In his application, Prakash named the Chief Registrar as the first respondent, the Attorney General as the second respondent, and the Fiji Independent Commission Against Corruption (FICAC) as an interested party. He contended that his rights were violated by a ruling from Justice Thusara Kumarage in October 2022, which limited his ability to call evidence unless he relinquished his right to remain silent.
Prakash was previously convicted of providing false information to a public servant and unlawfully obtaining a financial advantage of $33,679. In February 2023, the High Court sentenced him to 36 months in prison, of which he serves 28 months, with eight months suspended for five years. After expressing dissatisfaction with his conviction and sentence, he appealed to the Court of Appeal, which upheld the original decision on July 26, 2024.
Justice Pita Bulamainavalu ruled to dismiss Prakash’s constitutional redress application on the grounds of abuse of process, noting that sufficient alternative remedies are available under existing constitutional provisions and court rules. Although Prakash has been ordered to pay the $2,000 fine to the Attorney General, the court did not award costs to FICAC.
While this ruling may be disappointing for Prakash, it underscores the judicial system’s adherence to legal procedures and the importance of upholding the rule of law. It also emphasizes the avenues available for individuals to seek remedy, although in this case, the court determined those had already been adequately pursued. There remains hope for Prakash as he navigates through the appellate process, potentially learning and adapting as he moves forward in his legal journey.
Leave a comment