The High Court in Suva has dismissed an application for constitutional redress filed by former Member of Parliament Vijendra Prakash. In his application, Prakash argued that his right to a fair trial, a right protected under Section 15 of the 2013 Constitution, had been violated. He had named the Chief Registrar and the Attorney General as respondents, while the Fiji Independent Commission against Corruption was cited as an Interested Party in the matter.
Prakash claimed that the presiding judge, Justice Thushara Kumarage, neglected his rights during a ruling in October 2022, which restricted his ability to present evidence unless he waived his right to remain silent. However, Justice Pita Bulamainavalu, in delivering the court’s decision, ruled to strike out the application, citing abuse of process and noting that there were adequate alternative remedies available under Section 44(4) of the Constitution and Rule 18 of the High Court Rules 1988.
Prakash had previously been convicted of providing false information to a public servant and obtaining a financial advantage of $33,679. In February 2023, he was sentenced to 36 months in prison, with 28 months served in custody and the remaining eight months suspended for five years. His appeal to the Court of Appeal was dismissed by Justice Isikeli Mataitoga earlier this year. In addition to his sentence, Prakash has been ordered to pay $2,000 to the Attorney General’s Office.
This ruling underscores the legal system’s emphasis on procedural safeguards and the pathways available for appeals, illustrating the complexities of the judicial process. While the case marks a setback for Prakash, it also highlights the importance of accountability and the rule of law, aiming to maintain integrity within public service. Ultimately, the decision reinforces the court’s role in upholding constitutional protections while ensuring justice is served.
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