The High Court in Suva has dismissed former Member of Parliament Vijendra Prakash’s application for Constitutional redress. Prakash claimed that his right to a fair trial, as protected under Section 15 of the 2013 Constitution, was violated. His application named several respondents including the Chief Registrar, the Attorney General, and the Fiji Independent Commission against Corruption.
Prakash argued that his rights were infringed upon by Justice Thushara Kumarage, who, in an October 2022 ruling, imposed conditions on his ability to present evidence during his trial, requiring him to waive his right to remain silent. However, Justice Pita Bulamainavalu, while delivering the ruling, proclaimed the application as an abuse of process. He noted that adequate alternative remedies were available under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.
Earlier this year, Prakash was convicted in the High Court of providing false information to a public servant and obtaining financial advantages totaling $33,679. He was sentenced to three years in prison, serving 28 months with the remaining eight months suspended for five years. His appeal to the Court of Appeal was also dismissed by Justice Isikeli Mataitoga, and he has been ordered to pay $2,000 to the Attorney General’s Office.
This case underscores the importance of adhering to judicial processes and the potential consequences of legal actions deemed to be an abuse of court procedure. While this particular application was unsuccessful for Prakash, it highlights the robust system in place to protect the rights to a fair trial and ensure accountability within the legal framework. The dismissal of his application may serve as a reminder to others of the necessity of upholding the integrity of judicial proceedings.
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