Radrodro’s Constitutional Redress is Struck Out
The former MP was ordered to pay the A-G, who is the second respondent $2000 for court cost
The former Social Democratic Liberal Party (SODELPA) member, Salote Radrodro’s application for constitutional redress has been struck out.
This was the judgment of High
Court Justice Deepthi Amaratunga on the civil matter heard in the High Court in Suva on Friday. Radrodro took civil action against the Chief Registrar, the Attorney-General (A-G), the Fiji Independent Commission against Corruption (FICAC) and the Commissioner of Prisons as interested parties.
Claiming breach
She claimed that there was a breach of Section 15 (1) of the Constitution of the Republic of Fiji which deals with the right to fair hearing by way of Chief Registrar in parallel proceedings to the Appeal.
Radrodro was found guilty and convicted on charges of falsifying information to public servants and obtaining financial advantage from it.
Justice Amaratunga found it unconstitutional to make a judgment on the application.
He said it would interfere with the Fiji Court of Appeal’s rights as it was still an active one.
It was heard in court that the respondents objected to this redress saying that there was an alternative remedy available at the Fiji Court of Appeal.
Justice Amaratunga agreed with this, and said the application was to be struck off for abuse of process as there was an adequate alternative remedy.
Justice Amaratunga made mention of Section 44 (4) of the Constitution which states: The High Court may exercise its discretion not to grant relief in relation to an application or referral made under this section, if it considers that an adequate alternative remedy is available to the person concerned. Radrodro was ordered to pay the A-G, who is the second respondent $2000 for court cost.