The High Court in Lautoka has dismissed a civil lawsuit filed by a Sigatoka retiree against the Fiji Police Force, citing failure to meet mandatory legal requirements. Peter Geoffrey Rae, a resident of Korotogo backroad, had initiated legal proceedings on February 28, 2024, seeking an injunction for restitution and $3 million in damages.
Rae’s claims included allegations against the police for not properly investigating complaints leading to his arrest, which he argued infringed upon his constitutional rights, particularly his right to be brought to court within 48 hours. He also claimed violations of his presumption of innocence, humane treatment rights during custody, and sought compensation for health and mental trauma, the loss of his marriage, access to his children, and business due to the police’s actions. Furthermore, Rae requested restitution for items worth $14,030, including 30 kilograms of dried yaqona, surfboards, a Nikon camera, and various household goods.
In response, Ms. J Raman, representing the Fiji Police Force, applied to dismiss the writ, contending that it lacked a clear statement of the nature of the claims and failed to outline essential facts and legal grounds. Although Rae argued that dismissing the case would be unjust and requested a chance to amend his claim, the court pointed out that he had not submitted a formal statement of claim.
In a ruling on February 6, Master Preetika Prasad determined that Rae’s claims did not present a reasonable cause of action. The court found the documents insufficient in detailing how the police had violated Rae’s rights or how such violations resulted in his reported losses. It noted that instead of seeking an extension to properly file the requisite documents, Rae had improperly pursued a default judgment.
Ultimately, the court struck out the writ of summons without any order for costs, closing this chapter of Rae’s legal pursuit against the Fiji Police Force. This outcome underscores the importance of adhering to proper legal processes and the necessity of providing thorough factual support in claims brought before the court.
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