The High Court in Suva has dismissed an application for Constitutional redress filed by former Member of Parliament Vijendra Prakash. This application claimed that Prakash’s right to a fair trial, as protected under Section 15 of the 2013 Constitution, was infringed upon. In his claim, he named the Chief Registrar as the first Respondent, the Attorney General as the second Respondent, and included the Fiji Independent Commission against Corruption as an Interested Party.
Prakash argued that a ruling made in October 2022 by Justice Thushara Kumarage breached his rights by making his ability to present evidence dependent on waiving his right to remain silent. However, Justice Pita Bulamainavalu ruled against Prakash’s application, indicating that it constituted an abuse of process and affirming that sufficient alternative legal remedies are available, as outlined in Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
In February 2023, Prakash was found guilty of providing false information to a public servant and unlawfully obtaining a financial advantage totaling $33,679. He was sentenced to three years in prison, with 28 months to be served and the remaining eight months suspended for five years. His appeal to the Court of Appeal earlier this year was rejected by Justice Isikeli Mataitoga, and he has also been ordered to pay $2,000 to the Attorney General’s Office.
This ruling reinforces the integrity of the judicial process and emphasizes the importance of adhering to established legal protocols. Although this may be a challenging time for Prakash, it also highlights the effectiveness of the legal system in upholding constitutional rights while ensuring accountability for unlawful actions.
Overall, while the outcome may be disappointing for Prakash, it serves as a reminder of the rule of law and the mechanisms in place to protect both individual rights and community integrity.
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