Bau chief Ratu Epenisa Cakobau is preparing to bring 10 to 12 witnesses to testify in his civil trial against three Defendants: the Commander of the Republic of Fiji Military Forces (RFMF), the Police Commissioner, and the Office of the Attorney-General. This legal action stems from his arrest on June 7, 2018, which Cakobau alleges was unlawful.
Cakobau is seeking a legal declaration that his detention for 30 hours was illegal, along with claims for general damages, including aggravated and exemplary damages due to wrongful detention and breaches of his constitutional rights. His attorney, Gavin O’Driscoll, confirmed to Acting Master of the High Court Liyanage Kashyapa Wickramasekara that all necessary procedural orders have been completed.
The RFMF intends to present two witnesses, while the Attorney-General’s Office and the Commissioner of Police will call three. Both parties have agreed that the trial will be conducted over one week.
This ongoing case highlights significant issues regarding individual rights and state accountability within Fiji’s governance. Previous similar cases, including rulings by the High Court affirming rights against unlawful detention, demonstrate a judicial emphasis on protecting human rights that can potentially bring about positive change in Fiji’s legal landscape.
These developments signal a hopeful pathway toward greater recognition of individual rights, while also seeking accountability from state authorities, indicating progress toward addressing historical grievances and fortifying legal protections for citizens against state actions.
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