The High Court in Suva has dismissed an application for Constitutional redress filed by former Member of Parliament Vijendra Prakash. Prakash’s application claimed that his right to a fair trial, as per Section 15 of the 2013 Constitution, had been infringed. He named the Chief Registrar as the first respondent, the Attorney General as the second respondent, and included the Fiji Independent Commission against Corruption (FICAC) as an interested party.
In his application, Prakash asserted that his rights were violated by Justice Thushara Kumarage during a ruling in October 2022, which imposed conditions on his right to present evidence during the trial relating to the FICAC case against him. Specifically, he contested the requirement to waive his right to remain silent in order to testify.
Justice Pita Bulamainavalu, in delivering the ruling, found the application to be an abuse of process and stated that there were sufficient alternative remedies available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules of 1988.
Prakash was previously convicted in February 2023 for providing false information to a public servant and for acquiring a financial advantage of $33,679. He received a 36-month prison sentence, with 28 months mandatory and the remaining eight months suspended for five years. An appeal to the Court of Appeal was dismissed by Justice Isikeli Mataitoga earlier this year. Furthermore, he has been ordered to pay $2,000 to the Attorney General’s Office.
This decision highlights the judicial system’s commitment to addressing claims of constitutional rights while maintaining the integrity of legal processes. The existence of alternative remedies reinforces the legal framework designed to ensure fairness in trials. Despite the challenges faced, it is essential to understand that the judiciary is focused on upholding the rule of law, which ultimately serves as a foundation for justice in society.
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