The High Court in Suva has dismissed a request for Constitutional redress from Vijendra Prakash, a former Member of Parliament. Prakash claimed that his right to a fair trial, as outlined in Section 15 of the 2013 Constitution, was violated. He 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 in his application.
In his argument, Prakash alleged that his rights were infringed upon by Justice Thushara Kumarage during a ruling in October 2022, which required him to waive his right to remain silent in order to call evidence in his defense during the FICAC case.
However, Justice Pita Bulamainavalu ruled against Prakash, finding his application to be an abuse of the legal process. The judge emphasized that there were sufficient alternative remedies available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
Prakash was previously charged with providing false information to a public servant and unlawfully obtaining $33,679. He was convicted in February 2023 and sentenced to three years in prison, with the bulk of his sentence being served in jail and the last eight months suspended for five years. Earlier this year, his appeal to the Court of Appeal was rejected by Justice Isikeli Mataitoga. Additionally, Prakash has been ordered to pay $2,000 to the Attorney General’s Office.
This decision underscores the importance of procedural integrity in legal proceedings and reinforces the rule of law within the jurisdiction. Although the ruling may be disappointing for Prakash, it serves as a reminder of the legal framework in place to address grievances and ensure a fair judicial process. The existence of alternative remedies suggests that those seeking redress still have pathways to justice within the legal system.
Overall, while the ruling may be seen as a setback, it also reflects the judiciary’s commitment to upholding the law and maintaining order.
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