The High Court in Lautoka has ordered that the minister and Ministry of Mineral Resources release the investigation report on the death of a miner at the Vatukoula Gold Mines to his wife.
Avinesh Sanjay Ram died on May 2, 2018 while working underground at the mine.
His wife Poonam Jyotika Kohli started the court action after the Mineral Resources Department informed her that the report would be released if a court order was obtained.
“So far, my family and I are unaware of the events which transpired on the unfateful day that led to the death of my husband at the mine. The release of the investigation report would also provide relief and comfort to me and my family and lay to rest the many unanswered questions surrounding the death of my husband which has haunted us,” Ms Kohli had stated in her affidavit.
Judge Justice Jude Nanayakkara noted the ministry refused to release the report because “it was confidential and contrary to public policy”.
“I am concerned here with a situation where the claim is by the ministry and the Minister of Lands and Mineral Resources to withhold the disclosure of the investigation report on the grounds the report is confidential and the disclosure of the report would be contrary to public policy,” stated Justice Nanayakkara
“I must confess to surprise, and, even to some degree of indignation, that, I have not been supplied with a sworn written statement from the permanent secretary of Ministry of Lands and Mineral Resources regarding his claim to withhold the disclosure of the report and his written reasoned statement of the grounds for opposition,” he wrote in his judgment.
He said certain documents could be held back from public disclosure.
“Certain documents are treated as immune from disclosure by their very nature. For example, where disclosure would be injurious to the national defence or to good diplomatic relations (such as cabinet papers).
“It is clear beyond question that the investigation report in relation to the circumstances surrounding the death of Mr Ram in the present case does not on the face of it belongs to a class the disclosure of which would prejudice the public interest or involve danger to the State, State departments or ministries.”
He ordered that the report be released to Ms Kohli by today.
