The High Court in Suva has dismissed an application for Constitutional redress filed by former Member of Parliament Vijendra Prakash. Prakash contended that his right to a fair trial, as mandated by Section 15 of the 2013 Constitution, had been infringed upon. He named the Chief Registrar as the first respondent, the Attorney General as the second respondent, and included the Fiji Independent Commission against Corruption (FICAC) as an interested party in his application.
Prakash claimed that his rights were violated by the presiding Judge, Justice Thushara Kumarage, during an October 2022 ruling, which imposed conditions on his ability to present evidence while requiring him to waive his right to silence. However, Justice Pita Bulamainavalu, while delivering the ruling, struck down Prakash’s application citing abuse of process. He emphasized that adequate alternative remedies were available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
Prakash faced charges related to providing false information to a public servant and securing a financial advantage of $33,679. In February 2023, he was convicted in the High Court, receiving a 36-month prison sentence—28 months to be served in prison and eight months suspended for five years. Earlier, his appeal to the Court of Appeal was also dismissed by Justice Isikeli Mataitoga. Furthermore, Prakash was mandated to pay $2,000 to the Attorney General’s Office.
This ruling underscores the importance of upholding the legal process and the opportunities available for individuals to seek alternative legal remedies. While the outcome may not be what Prakash hoped for, it reflects the court’s commitment to due process and the rule of law. As the legal framework functions, individuals can still pursue their rights through other available mechanisms in the judicial system.
Leave a comment