Fiji Court Dismisses Former MP’s Appeal and Orders Penalty

The Suva High Court has dismissed former FijiFirst MP Vijendra Prakash’s application for constitutional redress, mandating him to pay $2,000 to the Attorney General’s Office. Prakash had alleged that his right to a fair trial, as protected under Section 15 of the 2013 Constitution, was compromised.

In his application, Prakash identified the Chief Registrar as the first respondent and the Attorney General as the second, with the Fiji Independent Commission Against Corruption (FICAC) involved as an interested party. He contested a ruling by Justice Thusara Kumarage in October 2022, which stipulated that his right to present evidence in the trial concerning FICAC and himself was conditional upon waiving his right to remain silent.

Prakash had faced charges of supplying false information to a public servant and unlawfully receiving a financial benefit totaling $33,679. In February 2023, he was convicted in the High Court and sentenced to three years in prison, with 28 months to be served and the remaining eight months suspended for five years. Unsatisfied with this outcome, he lodged an appeal with the Court of Appeal, which was dismissed by Justice Isikeli Mataitoga on July 26, 2024.

Justice Pita Bulamainavalu, in his decision, emphasized that Prakash’s redress application was struck out for being an abuse of process, clarifying that suitable alternative remedies were available as per Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988. While Prakash was ordered to pay $2,000 to the Attorney General, no costs were awarded to FICAC.

In summary, this ruling reaffirms the judiciary’s position on the importance of following proper legal procedures and utilizing provided remedies. While the outcome is undoubtedly disappointing for Prakash, it illustrates the mechanisms in place to uphold legal standards and accountability. The resolution of this case may serve as a reminder for individuals in similar positions to earnestly engage with the legal processes to safeguard their rights.