The High Court in Suva has dismissed an application for Constitutional redress submitted by former Government Member of Parliament, Vijendra Prakash. Prakash sought redress, asserting that his right to a fair trial, as outlined in Section 15 of the 2013 Constitution, had been compromised. In his application, he named the Chief Registrar as the first Respondent, the Attorney General as the second Respondent, and the Fiji Independent Commission against Corruption (FICAC) as an Interested Party.
Prakash contended that his rights had been infringed upon by Justice Thushara Kumarage, the presiding judge, during a ruling made in October 2022. He claimed that this ruling made his ability to present evidence in the trial conditional upon waiving his right to remain silent.
Justice Pita Bulamainavalu, in his ruling, found that the application was an abuse of process and noted 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, who was convicted of providing false information to a public servant and obtaining a financial advantage of $33,679, received a 36-month prison sentence in February 2023. This sentence mandates that he serve 28 months in prison, with the remaining eight months suspended for five years. Earlier this year, his appeal to the Court of Appeal was dismissed by Justice Isikeli Mataitoga, and he has been ordered to pay $2,000 to the Attorney General’s Office.
While this ruling may seem like a setback for Prakash, it reflects the judiciary’s commitment to uphold due process and the rule of law in Fiji. It serves as a reminder that legal channels are available for seeking justice, and upholding the Constitution remains a priority for the courts.
In a broader sense, this case highlights the importance of accountability and transparency in governance, as well as the function of the legal system in managing and adjudicating disputes fairly.
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