Resident Magistrate Semi Babitu has denied a request from Zarin Khan’s lawyers to lift a Stop Departure Order imposed by the Fiji Independent Commission Against Corruption (FICAC). Khan, a partner at Aliz Pacific, sought the court’s permission to travel abroad for medical treatment, but his legal team faced opposition from FICAC Principal State Counsel Lilian Mausio.
Mausio argued that the court lacked the jurisdiction to entertain the application and referred to the absence of any charges against Khan, signifying that the relevant provisions of the Criminal Procedure Act were not applicable in this instance. In his ruling, Magistrate Babitu echoed this sentiment, emphasizing that the court could not override the Stop Departure Order, as it was issued by the FICAC Commissioner in accordance with the stipulations of the FICAC Act.
This situation reflects the legal complexities surrounding the authority of FICAC and the judicial system in handling corruption matters. While Khan’s circumstances regarding his health are grave, the court’s decision underscores the importance of legal protocol and the limitations placed on judicial review in such cases.
In these challenging times, it is hopeful that avenues for appeal or alternative arrangements might still be possible for Khan to receive the necessary medical care while adhering to legal requirements.
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