The High Court in Suva has dismissed an application for Constitutional redress filed by former Member of Parliament, Vijendra Prakash. Prakash claimed that his right to a fair trial, as guaranteed by Section 15 of the 2013 Constitution, was violated. He named the Chief Registrar, the Attorney General, and the Fiji Independent Commission against Corruption as respondents in his application.
Prakash argued that his rights were infringed upon during a ruling made by Justice Thushara Kumarage in October 2022, which stipulated that his ability to present evidence was contingent upon waiving his right to remain silent. However, Justice Pita Bulamainavalu, while delivering the court’s decision, ruled that the application was an abuse of process. The judge noted that sufficient alternative remedies are available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
In February 2023, Prakash was found guilty of providing false information to a public servant and unlawfully obtaining $33,679. He was sentenced to 36 months in prison, with 28 months to be served and the remaining eight months suspended for five years. Earlier this year, his appeal in the Court of Appeal was unsuccessful, as Justice Isikeli Mataitoga upheld the conviction. Additionally, Prakash has been ordered to pay $2,000 to the Attorney General’s Office.
This ruling underscores the importance of judicial processes in maintaining the integrity of the legal system. The court’s decision highlights the potential for other avenues of recourse within the framework of the law, offering hope for individuals who may find themselves in similarly challenging legal circumstances. It is essential for all parties to adhere to legal standards to ensure fairness and justice in future cases.
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