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High Court Dismisses Former FijiFirst MP’s Constitutional Redress Application

Posted by Media Team 19 November 2024

The Suva High Court has struck out former FijiFirst MP Vijendra Prakash’s constitutional redress application, ordering him to pay $2,000 to the Attorney General’s Office.

Prakash had sought redress, claiming that his right to a fair trial, guaranteed under Section 15 of the 2013 Constitution, was violated.

He named the Chief Registrar as the 1st Respondent, the Attorney General as the 2nd Respondent, and the Fiji Independent Commission Against Corruption (FICAC) as an Interested Party in the application.

The appellant also argued that his rights were breached by Justice Thusara Kumarage’s October 2022 ruling, which made his right to call evidence during the trial in FICAC vs. Vijendra Prakash conditional upon waiving his right to remain silent.

This case stemmed from charges of providing false information to a public servant and obtaining a financial advantage of $33,679.

In February 2023, Prakash was convicted in the High Court and sentenced to 36 months in prison, with 28 months to be served in prison and the remaining eight months suspended for five years.

Dissatisfied with his conviction and sentence, Prakash appealed to the Court of Appeal.

On 26 July 2024, Justice Isikeli Mataitoga dismissed his appeal.

In his ruling, Justice Bulamainavalu struck out the constitutional redress application for abuse of process, stating that adequate alternative remedies existed under Section 44(4) of the Constitution and Order 18 Rule 18 of the High Court Rules 1988.

Justice Bulamainavalu ordered Prakash to pay $2,000 in costs to the Attorney General but did not award costs to FICAC.