Court to deliver judgment in March
THE High Court in Suva will deliver its judgment in March on the permanent stay proceeding application in the case involving suspended Naitasiri under-19 player Keresi Maya.
The matter was called on Wednesday for hearing on the application before judge Justice Thushara Rajasinghe.
Mr Maya’s lawyer Sevuloni Valenitabua in November last year filed a stay proceeding application on Mr Maya’s criminal case which is before the Nausori Magistrates Court on the grounds of double jeopardy.
In court, Mr Valenitabua said Mr Maya had been penalised by the Fiji Rugby Union (FRU) tribunal and informed the court that before the tribunal sat, he had already been charged by the Nausori Magistrates Court.
He said the defence had then requested the tribunal not to proceed with the matter and await the final decision of the magistrates court, however, the judicial officer in charge of the tribunal refused the application and proceeded with the proceedings where Mr Maya was later sanctioned and penalised.
He told the court that Mr Maya had been charged under the Crimes Act before the magistrates court.
He said the FRU was established under the Charitable Trusts Act and under this Act, FRU had established its constitution.
He said this Act gave powers to the trustees and executives of the FRU to carry out disciplinary matters and impose penalties.
The court heard that Mr Maya, during the tribunal committee hearing, had been heard for the breach of rules and terms of participation of the Skipper Cup, whereas he had been charged with assault causing actual bodily harm at the Nausori Magistrates Court. Mr Valenitabua said the elements of the offences had been looked at and the element of foul play was heard in the tribunal.
He said elements for both offences were the same in the magistrates court and the FRU tribunal.
He argued that the Charitable Trusts Act had been enacted by the Parliament and Mr Maya had been penalised under a written rule by the tribunal.
He said in the magistrates court, his client would be convicted and punished twice for the same offence.
In response, State lawyer Yogesh Prasad argued that FRU’s tribunal was not a competent jurisdiction and not a proper institution under the law to hear criminal charges.
He argued that the magistrates court proceedings were different from the tribunal and questioned Mr Maya’s violent conduct of assaulting the referee in front of everyone during the match.
He also argued the FRU’s regulations did not come under any laws in Fiji. He also told the court the six-year sanction imposed on the player and the pending outcome of the magistrates court ruling would not infringe his constitutional rights.
Mr Maya was charged with one count of assault causing actual bodily harm and appeared at the Nausori Magistrates Court in September. It was alleged that on August 29, 2020, he allegedly punched referee Peni Talemaivavalagi during the match between Naitasiri and Tailevu at Ratu Cakobau Park in Nausori.
FRU had banned him from all levels of rugby in Fiji and overseas for six years after a disciplinary hearing which had been conducted by an independent judicial officer. The matter has been adjourned to March 18 for judgment.