THE Court of Appeal has set aside the contempt conviction, 15-month prison sentence, and $50,000 fine previously imposed on New Zealand-based lawyer Rajendra Chaudhry, ordering that the matter be remitted back to the High Court for a fresh hearing.
A three-judge panel comprising Justices Isikeli Mataitoga, Pamela Andrews, and Robert Dobson allowed Mr Chaudhry’s appeal in part, ruling that he suffered “procedural unfairness” when the High Court heard his jurisdictional challenge and the substantive contempt application concurrently in 2019 without allowing him time to file defence evidence.
However, the Court of Appeal dismissed Mr Chaudhry’s jurisdictional challenge, confirming that the Fiji High Court does possess jurisdiction over non-residents for contemptuous Facebook posts accessed and read within Fiji.
The proceedings brought by the Attorney-General stem from 2018 Facebook posts targeting the Fijian Judiciary.
The matter now returns to the High Court for directions and rehearing.
