The Fiji Times

Court to deliver judgment in March

- By VISHAAL KUMAR

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.

 ?? Picture: VISHAAL KUMAR ?? Keresi Maya outside the High Court in Suva on Wednesday.
Picture: VISHAAL KUMAR Keresi Maya outside the High Court in Suva on Wednesday.

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