The High Court in Suva has dismissed an application for Constitutional redress filed by former Member of Parliament Vijendra Prakash. Prakash contended that his right to a fair trial, a provision under Section 15 of the 2013 Constitution, was infringed upon. He named several parties in his application, including the Chief Registrar and the Attorney General, along with the Fiji Independent Commission Against Corruption as an interested party.
Prakash’s claims included allegations of breach of rights by Justice Thushara Kumarage, who oversaw his trial. The contested ruling from October 2022 stipulated that Prakash’s right to present evidence in his defense depended on him waiving the right to remain silent.
In their ruling, Justice Pita Bulamainavalu deemed the application an abuse of process, noting that sufficient alternative remedies were available under both Section 44(4) of the Constitution and 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 received a prison sentence of 36 months, with 28 to be served in prison, while the remaining eight months were suspended for five years. His appeal to the Court of Appeal earlier this year was also dismissed by Justice Isikeli Mataitoga, and he has been ordered to pay $2,000 to the Attorney General’s Office.
This situation highlights the importance of upholding the legal process while reinforcing the availability of alternative remedies within the judicial framework. Although Prakash’s legal journey has faced setbacks, it reflects the complex nature of the justice system and the ongoing efforts to maintain integrity in governance.
In the bigger picture, such rulings serve to uphold the rule of law, ensuring that individuals must navigate their legal challenges through established legal channels and processes.
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