Resident Magistrate Semi Babitu has denied a request from the lawyers of Zarin Khan to lift a Stop Departure Order imposed by the Fiji Independent Commission Against Corruption (FICAC). Khan, a partner at Aliz Pacific, sought to have this order lifted in order to travel abroad for medical reasons, through his legal representation from the law firm of Lal, Patel and Bale.
FICAC Principal State Counsel Lilian Mausio opposed the motion, arguing that the court lacked the authority to review the case and that Khan’s application was fundamentally flawed. Mausio emphasized that since Khan has not been charged with any offense, the provisions of Section 5 (2) of the Criminal Procedure Act do not apply in this situation.
In his ruling, Magistrate Babitu reiterated that the court could not entertain Khan’s application, stating that the Stop Departure Order was legally enacted by the Commissioner of FICAC in accordance with the FICAC Act.
This case highlights the legal ramifications of anti-corruption measures in Fiji and the importance of following due process. While Khan’s medical needs are understandably a priority, the court’s decision underscores the principle that regulatory authorities operate within defined legal frameworks aimed at maintaining integrity in governance.
It is hoped that a resolution can be reached that considers both the legal parameters and Khan’s health situation. As the process unfolds, it serves as a reminder of the balance between individual rights and the larger societal interests in the fight against corruption.
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