The High Court in Suva has dismissed an application for constitutional redress submitted by former Member of Parliament Vijendra Prakash. Prakash argued that his right to a fair trial, as outlined in Section 15 of the 2013 Constitution, was compromised. His application named the Chief Registrar as the first respondent, the Attorney General as the second, and the Fiji Independent Commission against Corruption (FICAC) as an interested party.
Prakash claimed that his rights were infringed upon by Justice Thushara Kumarage during a ruling in October 2022. The ruling stipulated that he would only be permitted to present evidence during his trial on the condition that he waived his right to remain silent.
Justice Pita Bulamainavalu, in a recent decision, rejected Prakash’s application, labeling it as an abuse of process. The Judge indicated that there were adequate alternative remedies available under Section 44(4) of the Constitution, as well as under Order 18 Rule 18 of the High Court Rules 1988.
Prakash was previously convicted in February 2023 for providing false information to a public servant and unlawfully obtaining a financial advantage of $33,679. He was sentenced to 36 months in prison, with 28 months to be served in custody and the remaining eight months suspended for five years. His earlier appeal in the Court of Appeal was also rejected by Justice Isikeli Mataitoga. Additionally, he has been ordered to pay $2,000 to the Attorney General’s Office.
In summary, the ruling by the High Court reinforces the importance of due process and the legal mechanisms available for addressing grievances within the judicial system. This case serves as a reminder that the legal framework is designed to ensure fairness and that there are established channels for individuals seeking redress under the law.
The situation, while challenging for Prakash, highlights the resilience of the judicial system in maintaining integrity and providing avenues for legal recourse. It is an opportunity for reflection on the principles of justice and due process at work in society.
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