The High Court in Suva has dismissed a request for Constitutional redress made by Vijendra Prakash, a former Member of Parliament. Prakash’s application claimed that his right to a fair trial, as outlined in Section 15 of the 2013 Constitution, had been violated. He named several parties in his application, including the Chief Registrar, Attorney General, and the Fiji Independent Commission against Corruption (FICAC) as interested parties.
Prakash expressed that his rights were infringed upon by Justice Thushara Kumarage when, during the October 2022 ruling, it was stated that Prakash could only present evidence in his defense if he forfeited his right to remain silent. However, Justice Pita Bulamainavalu ruled the application as an abuse of process and noted 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.
Prakash faced charges related to providing false information to a public servant and unlawfully gaining $33,679. In February 2023, he was convicted and sentenced to 36 months in prison, with 28 months to be served and eight months suspended for five years. Earlier this year, his appeal to the Court of Appeal was dismissed by Justice Isikeli Mataitoga. Additionally, Prakash has been instructed to pay $2,000 to the Attorney General’s Office.
This ruling underscores the legal system’s commitment to upholding constitutional rights while ensuring that processes are not misused. Prakash’s situation emphasizes the importance of due process in legal proceedings and the necessity for individuals to explore all available remedies before seeking higher court intervention. There remains hope that this case will serve as a lesson for better understanding and navigating the complexities of the law in Fiji.
In summary, while Prakash’s application was denied, it highlights the ongoing legal processes and the importance of following proper legal channels when seeking justice.
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