The Mercy Commission has announced the addition of three new members, along with the reappointment of Resident Magistrate Charles Ratakele for a further three years. The new members include Penijamini Lomaloma, Dr. Odille Chang, and Nirmala Nambiar.
According to Section 119(2) of the Constitution, Attorney-General Graham Leung serves as the Chairperson of the Commission. The President appoints the remaining four members based on the advice of the Judicial Services Commission (JSC) after consulting with the Office of the Attorney-General.
The Commission noted that the terms of the previous Commissioners expired on June 1, 2024. Vacant positions were advertised in local newspapers in May. Magistrate Ratakele was the only member from the prior term, which began in April 2024 and lasts three years.
The breakdown of petitions submitted and mercy granted over the years is as follows: In 2024, there were 21 petitions with seven granted mercy; in 2023, all 14 petitions received mercy; in 2022, three out of three petitions were granted mercy; in 2020, three out of 18 petitions were granted mercy; in 2019, nine out of 13 petitions were granted mercy; and in 2011, eight out of ten petitions received mercy.
Currently, Fiji lacks specific legislation to implement Section 119 of the Constitution, leading the Mercy Commission to consider petitions within a broad constitutional framework. There is a possibility that Parliament may need to create detailed regulations to outline the factors the Commission will consider in making its decisions.
The principle of mercy, rooted in ancient English law, aims to soften the often strict application of criminal law.