Resident Magistrate Semi Babitu has denied a request from Zarin Khan’s legal team to lift a Stop Departure Order imposed by the Fiji Independent Commission Against Corruption (FICAC). Khan, a partner at Aliz Pacific, sought permission to travel abroad for medical reasons through his lawyers from the firm Lal, Patel and Bale.
During the proceedings, FICAC’s Principal State Counsel, Lilian Mausio, argued against the application, asserting that the Court lacked jurisdiction to address the issue and that the applicant was misinterpreting the legal framework. She emphasized that Khan had not yet been charged with any offense, which meant that Section 5 (2) of the Criminal Procedure Act was not applicable in this situation.
In his ruling, Magistrate Babitu reiterated that the Court could not consider Khan’s motion because the Stop Departure Order had been issued by the FICAC Commissioner, who acted within her legal authority under the FICAC Act.
This development highlights the complexities involved in legal proceedings related to corruption investigations. While Khan is currently unable to travel, it is crucial for the integrity of the legal process that such orders are upheld to ensure accountability and due diligence.
The situation underscores the importance of navigating the legal landscape carefully, particularly in cases involving potential corruption. Although this may be a setback for Khan, it serves as a reminder of the rule of law in maintaining fairness and justice in serious legal matters.
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