Josefa Nata and Ratu Timoci Silatolu, who were both convicted of treason in 2003 linked to the 2000 coup and subsequently pardoned by the President in December 2023, are leading a civil action against the Fiji Corrections Services (FCS). The case was brought before the High Court in Suva on Thursday, involving a total of ten plaintiffs, which includes business figures and former political representatives.
The group also comprises businessman Keni Dakuidreketi, former parliamentarian Nikolau Nawaikula, alongside Mohammed Sagaitu, Ulaiasi Tokatokavanua, Simeli Baravilala, Asesela Salabale, Henry Fisher, and Josese Tuwaqa. All ten individuals have previously served prison sentences for various crimes but have since been released.
In their legal claim, the plaintiffs refer to the Corrections Service Act 2006 and its associated regulations, which stipulate that inmates should be evaluated upon admission and their release dates established through a one-third remission of their total sentences, contingent on good behavior. They assert that FCS miscalculated their remission periods, following a flawed process that unjustly extended their time in prison until they had completed two-thirds of the time between their sentences and the non-parole periods.
The claim highlights that despite showing good behavior and finishing their non-parole periods, the plaintiffs experienced wrongful confinement, infringing upon their constitutional rights to liberty. Represented by lawyer Jagath Karunaratne, they are seeking the court to declare that FCS’s calculation methods were both unlawful and erroneous.
During the proceedings, Justice Chaitanya Lakshman requested to schedule a trial date; however, Karunaratne was absent, leading a lawyer from the Attorney-General’s Chambers to seek costs due to the lack of appearance. A notice of appearance will be issued, with a reconvening date set for March 17 in Suva.
This case brings attention not only to the legal rights of those formerly incarcerated but also underscores the judicial complexities involved in the management of correctional services and their adherence to legislative frameworks. The outcome may set important precedents for similar cases in the future, ensuring that prisoners’ rights are respected and upheld within the corrections system.
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