Review of RM Turaga’s decision
On 15 April 2020, Resident Magistrate Siromi Turaga sitting at Nadi Court, delivered a decision whereby he acquitted the accused persons who pleaded guilty to the charges for breaking curfew hours and did not raise any legal argument against the charge laid.
Resident Magistrate on his own volition held the charges to be defective and void on the following grounds: (i) Particular of the offence read:- “Ravin Rohit Lal and Shalvin Praveet Chand on the 09th day of April, 2020 at Nadi in the Western Division without unlawful excuse fail to comply with orders of Prime Minister of Fiji by breaching the curfew hours, an order that was deemed necessary for the protection of the public health from an infectious disease namely Novel Corona Virus”
(ii) Honourable Prime Minister did not have power to make curfew order pursuant to section 69 of the Public Health Act 1935 and power to make orders under the Act rostered with Honourable Minister for Health and Permanent Secretary for Health
Resident Magistrate could not find any declaration made by Honourable Minister
for Health in regards to the imposition of curfew.
Upon reading the decision pursuant of section 260 of Criminal Procedure Act 2009 I handed the matter to Honourable Justice Vincent Perera to review the decision of the Resident Magistrate.
Decision of the Resident Magistrate has been reviewed by Honourable Justice Perera who has set-aside the orders made by Resident Magistrate on following grounds:(i) The charge did say accused failed to comply with section 69(1) (c), of the Public Health Act 1935 Regulation of Public Health (Infectious Disease Regulation, 2020);
(ii) Orders were issued by Honourable Ministry for Health
(iii) Magistrates should have allowed Prosecution to amend the charge by deleting “Prime Minister” to “Minister for Health”;
(iv) The implementation of curfew orders was approved by Honourable Minister for Health and Medical Services. Notice of which was given by the Permanent Secretary for Health and Medical Services via Extraordinary Gazette No. 32 published on 4 April 2020. According Resident Magistrate orders was set-aside and the matter will be called in Nadi Magistrates Court on 21 April 2020.