Thirteen former inmates have launched a civil suit in the High Court in Suva alleging they were unlawfully kept behind bars after their lawful release dates because Fiji Corrections Service staff miscalculated statutory sentence remissions. The claim, filed by lawyer Jagath Karunaratne, names the Commissioner of the Fiji Corrections Service as defendant and seeks declarations, compensation and other relief for what the plaintiffs say amounts to wrongful confinement.
The statement of claim, filed this week, says the group — which includes former parliamentarian Niko Nawaikula and inmates Mohammed Sagaitu, Ulaiasi Matagasau Tokatokavanua, Simeli Baravilala, Asesela Salabale, Timoci Silatolu, Josefa Nata and Keni Dakuidreketi — were entitled to release after one‑third remission was applied to their “head” sentences, subject to good behaviour and completion of any non‑parole period. Instead, the documents allege, the Corrections Service calculated release dates by using “two‑thirds of the difference between the head sentence and the non‑parole period”, producing later release dates and prolonged detention.
The plaintiffs say the miscalculation led to continued confinement “without legal justification, amounting to wrongful confinement.” Court papers allege some of the men overstayed by several hundred days; one claim lodged on behalf of Josefa Nata says he was detained beyond his lawful release for more than 3,900 days after being returned to custody following an earlier release. The precise number of days claimed for other plaintiffs is set out in the statement of claim.
Karunaratne’s filings further assert the Fiji Corrections Service was on notice that its remission calculations were incorrect as far back as 2016 following multiple Supreme Court decisions, but did not take corrective action until December 2023. The plaintiffs’ lawyers argue that delay aggravated the harm to those affected and is part of the basis for seeking exemplary damages in addition to compensatory relief, interest and legal costs.
The legal action asks the High Court to declare the remission calculations unlawful, to order compensation for wrongful confinement and to make related orders to remedy the effects of the alleged miscalculation. The matter is listed for a mention on Monday before the High Court in Suva; the court papers name the Commissioner in official capacity as the respondent. The published filing does not record any immediate response from the Fiji Corrections Service.
If the court upholds the plaintiffs’ claims, the case could have implications for other prisoners whose release dates were determined under similar calculations and for how the Corrections Service applies remission provisions under the Corrections Service Act 2006. The suit marks the latest legal challenge touching on prison administration and prisoner rights, coming after years of judicial guidance the plaintiffs say went unheeded until late 2023.