$800m civil claim faces challenge

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The High Court in Suva has set September 30 to hear an application by the defendants to strike out an amended civil claim in which Veronica Malani and two family members are seeking more than $800 million in damages.

Ms Malani’s high-profile civil case was called before Justice Usaia Ratuvili in Suva.

The statement of claim names 11 defendants, including the Commissioner of Police, the Director of Public Prosecutions, the Attorney-General, former attorney-general Aiyaz Sayed-Khaiyum, Opposition Leader and former defence minister Inia Seruiratu, and several current and former senior police officers.

The plaintiffs allege breaches of their constitutional rights, abuse of office, misfeasance in public office, and procedural misconduct arising from the handling of a police complaint relating to an alleged bombing incident in 1987.

The plaintiffs claimed they had re-lodged a complaint with police in July 2020 and allege investigators failed to conduct a fair, impartial, and thorough investigation.

They claim the principal suspect was not interviewed under caution and that investigators instead recorded a standard statement.

The plaintiffs also allege there was a conflict of interest because Mr Sayed-Khaiyum was the A-G and Minister for Justice at the time the investigation was conducted.

Additional allegations include unlawful surveillance, intimidation through a subsequent police inquiry, defamation, and prolonged emotional, psychological and economic harm.

Ms Malani and the other two plaintiffs seek declarations that their constitutional rights were breached, along with injunctions, including stop departure and asset-freezing orders against several defendants, disclosure of investigation documents and security-related orders.

Defence senior lawyer Sevuloni Valenitabua has been given 21 days to file his response to the applications.