Ari Taniguchi Judicial Review Adjourned to March
The judicial review case filed by Ari Taniguchi, the wife of former National Federation Party (NFP) provisional candidate, Hiroshi Taniguchi, has been adjourned to March 21, 2023. The case was called in the Civil High Court in Suva before Chief Justice Kamal Kumar yesterday. Suva lawyer Hemendra Nagin appeared for interested party, NFP leader Biman Prasad, and stated that his client had not been served with a copy of the judicial review notice of motion.
Justice Kumar gave Mrs Taniguchi’s lawyer, Shailend Krishna, until 11am January 24, to file and serve Mr Prasad’s lawyer with the documents.
Time was also given until March 7, for the affidavits in reply and until March 11, for review.
Mrs Taniguchi had filed for judicial review of the decision made by the Director of Public Prosecutions (DPP) on November 8, 2022.
She filed the following grounds that the decision by the Director not to prosecute Mr Prasad was an abuse of discretion, breach of the rules of natural justice, biased, unreasonable, irrational and arbitrariness.
Further, she filed it was a breach of legitimate expectations and bad faith and failure to take relevant considerations.
She is seeking the following relief, to;
quash the decision of the Director not to prosecute Mr Prasad, declare that the Director acted in breach of the rules of natural justice when he issued the Press Release not to prosecute Mr Prasad without consulting her and/ or take into account her statement or the witnesses statements,
declare that the Director appeared to be biased in his decision,
declare that the Director prosecute Mr Prasad on the charges laid by the police,
an order of damages to compensate her for the loss suffered, and
further relief the Court sees
fit and costs.