The Suva High Court has dismissed the constitutional redress application of former FijiFirst MP Vijendra Prakash, mandating him to pay $2,000 to the Attorney General’s Office.
Prakash sought this redress on the grounds that his right to a fair trial, as enshrined in Section 15 of the 2013 Constitution, was infringed upon. He had named the Chief Registrar and the Attorney General as respondents, with the Fiji Independent Commission Against Corruption (FICAC) identified as an interested party in his application.
The former MP contended that his rights were violated by a ruling from Justice Thusara Kumarage in October 2022. This ruling stipulated that his ability to present evidence in the case FICAC vs. Vijendra Prakash was conditional on waiving his right to remain silent.
Prakash was previously charged and found guilty of supplying false information to a public servant and illicitly obtaining $33,679. In February 2023, he faced conviction in the High Court, receiving a 36-month prison sentence, of which 28 months are to be served while the remaining eight months are suspended for five years. Following his dissatisfaction with the verdict and sentence, he lodged an appeal, which was dismissed on 26 July 2024 by Justice Isikeli Mataitoga.
In his latest ruling, Justice Pita Bulamainavalu rejected the constitutional redress application, labeling it an abuse of process. He noted that there were appropriate alternative remedies available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988. While he ordered Prakash to pay the stipulated amount to the Attorney General, he refrained from awarding costs to FICAC.
This case underscores the importance of legal process and the availability of remedies within the judicial system. While Prakash’s legal battles continue, this serves as a reminder of the checks and balances in place designed to protect the rights of individuals while also upholding the law. As the legal process runs its course, there remains hope for a resolution that respects both justice and fairness.
In summary, the Suva High Court has dismissed Vijendra Prakash’s constitutional application, reinforcing the notion that available legal avenues can provide necessary recourse in the pursuit of justice.
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