The High Court in Suva has dismissed a constitutional redress application filed by former Member of Parliament Vijendra Prakash. Prakash sought redress, alleging that his right to a fair trial, as outlined in Section 15 of the 2013 Constitution, was infringed. He identified 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 in his claim.
Prakash’s argument centered around what he described as a breach of his rights by Justice Thushara Kumarage, who ruled in October 2022. He contended that this ruling made his right to present evidence during the trial conditional on waiving his right to remain silent.
Delivering the ruling, Justice Pita Bulamainavalu dismissed Prakash’s application, citing abuse of process and stating that sufficient alternative remedies were available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
In February 2023, Prakash was convicted in the High Court for providing false information to a public servant and for obtaining $33,679 in financial advantage. He was sentenced to 36 months in prison, with 28 months to be served in custody and eight months suspended for five years. Earlier this year, his appeal to the Court of Appeal was also rejected by Justice Isikeli Mataitoga. Additionally, Prakash was ordered to pay $2,000 to the Attorney General’s Office.
This ruling underscores the court’s commitment to due process and upholding the integrity of judicial procedures. The outcome highlights the legal recourse available for those seeking to uphold their rights within the defined laws of the Fijian Constitution, even in the face of challenging circumstances.
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