The Lautoka High Court has ruled a man who was pursuing a case of malice prosecution and wrongful confinement will have his day in court.
Master of the High Court Preetika Prasad has ruled Kelepi Salauca has a reasonable cause of action against the Director of Public Prosecutions and the Fiji Police Force.
He went to court claiming $25,000 in damages in relation to his arrest in Sigatoka in July 2016 in a burglary case and claimed he was assaulted over four days by police officers.
He was granted bail in October 2016 and until November 2020 his case was not disposed off.
The DPP filed a nolle prosequi against Mr Salauca in 2020.
“A court should not dismiss or strike out a case simply because a plaintiff’s arguments or evidence may not be particularly strong or because the case may face challenges in succeeding at trial,” said Master Prasad in her July 24 ruling.
“Instead, courts generally allow cases to proceed to trial where there is a reasonable basis for the claim, even if it is not guaranteed to succeed, so that all relevant evidence and arguments can be fully examined and evaluated in the appropriate legal proceedings.”
Ms Prasad added while Mr Salauca’s claim may lack some of the necessary facts, details, and particulars required to fully support the allegation of false imprisonment, malicious prosecution and breach of Constitutional rights, the pleadings do disclose some cause of action against the Defendant (DPP).
“The determination of whether the Plaintiff’s detention at the Sigatoka Police Station for a period of over 48 hours was unlawful and whether there was malice in his prosecution cannot be conclusively decided based solely on submissions and affidavits.”
“These are critical factual questions that require thorough examination and presentation of evidence during trial.”
“I therefore find that there is a reasonable cause of action, and any lack of detail or clarity can be addressed and clarified through an amendment to the pleadings.”
Ms Prasad ordered the case be heard on August 20.