Magistrate sends wrong message by dismissing curfew charges against guilty 2

Many people were surprised that a Nadi Magistrate dismissed the curfew charges against two persons even though they pleaded guilty. The Attorney-General, Aiyaz Sayed-Khaiyum has eloquently explained why the decision was “deeply flawed”. He is right and the sooner the Police prosecution files an appeal the better it is.

As we wait for that appeal the danger is that the magistrate’s ruling could send a wrong message to the people. At a time when numerous cases are going through the legal processes, this particular case has serious implications because it goes against the tide of the court rulings against accused persons.

The ruling was based on the way the charges were drafted which could have easily been rectified under the court’s direction. This has been done before. Mr Sayed-Khaiyum has outlined that the Fijian Government has rolled out an unprecedented package of health protection directives in the interest of stomping out the spread of the coronavirus, including targeted lockdowns of high-risk areas, a nationwide curfew and certain business shutdowns.

“These directives are vital, they are proven to work around the world, and they are saving Fijian lives. “The decision by the Nadi Magistrates Court yesterday regarding the breach of the nationwide curfew is deeply flawed and –– disconcertingly –– seems to miss the substance of the matter, which pertains directly to the health and wellbeing of the Fijian people.

“The curfew order and our other health protection directives are simple and straightforward. The curfew is in effect from 8pm to 5am every day. During that window, all Fijians must stay off the streets and refrain from travelling.”

These are legal orders and they have been gazetted. They are there for a very good reason - to save lives. When we comply with the law, stay home and respect social distancing, we remain safe in our bubbles and stop the spread of the killer virus.

We increase the risks when we leave our bubbles to try to socialise. Those who break the curfew and lockdown law are guilty of it and do not deserve sympathy.

People must realise that, like New Zealand, Fiji wants to eliminate COVID-19.

New Zealand which is in a four-week national lockdown, has been praised for the measures it has taken. Even though we have had selective area lockdown (Lautoka and Suva) and a national curfew, we have done exceptionally well with no death and a low number of confirmed cases.

We are pretty close to flattening the curve and lifting of restrictions should be based on professional health advice. We do not want to take two steps forward and then one step backyard to deal with new flareups.

This is why it’s a matter of national interest that we obey the lockdown and curfew rules. They are working and we do not want the Goverment to escalate them to a nation-wide-lockdown because people are not co-operating.

For this reason the Nadi case is a matter of great public interest. Mr Sayed-Khaiyum makes it very clear that the flawed decision from the magistrate in no way jeopardises the enforceability of the Fijian Government’s health protection directives.

He says these directives are saving Fijian lives every day, and those who violate these directives will continue to be arrested and prosecuted.

His statement is reassuring, particularly to the majority who follow the law, to save the lives of their fellow citizens.