The Supreme Court of Fiji has ruled that a current serving prisoner does not have to pay security for costs of his constitutional redress case against the Fiji Police Force, Commissioner of Corrections, Director of Public Prosecutions, Attorney-General and the Solicitor-General to proceed in the Court of Appeal.
Pita Tokoniyaroi has been in prison for 17 years after copping a life jail term for the murder of a shopkeeper in Lautoka in September 2000.
In February 2016, he filed a constitutional redress case for alleged “improprieties at the hands of the police” during his arrest in 2000.
The High Court in Lautoka dismissed his application in February 2017, saying it was out time, and the Fiji Court of Appeal also dismissed his case in November 2018.
Tokoniyaro decided to appeal to the Supreme Court but was informed by the Chief Registrar that he had to pay $5000 as security for costs for his case to be heard.
“Soon after receipt of intimation of the amount of security of costs, the petitioner moved a petition on 27 May 2020 seeking dispensing with deposit or in the alternative a stay of the requirement of deposit since he is incarcerated,” Justice Madan Lokur said in the August 26 ruling.
“Access to justice is a precious human right recognised by all democracies.
“Fiji is no exception and indeed, it is recognised as such in the Bill of Rights in the Constitution of Fiji thereby promoting a progressive philosophy in that direction.”
Additionally, Fiji has committed itself to achieving Goal 16 of the Sustainable Development Goals of providing equal access to justice for all by 2030.
Justice Lokur stated the Bill of Rights in Chapter 2 of the Constitution and Section 15 outlines access to courts or tribunals, a vital component of any vibrant democracy.
“If any fee is required to access a court or tribunal, it must be reasonable and must not impede access to justice. Succinctly stated, if any impediment is to be placed on access to justice, it must be reasonable.
“The Constitution recognises that the imposition of a fee is, in a sense, an impediment in access to justice and must, therefore, be reasonable.”
Justice Lokur ordered that the Court of Appeal hear Mr Tokoniyaro’ constitutional redress case without him having to pay security for costs.
