Veronica Malani’s application for a judicial review of the Director of Public Prosecutions (DPPs) decision in her case against the Attorney-General Aiyaz Sayed-Khaiyum was struck out by the High Court in Suva yesterday.
In his ruling, Chief Justice Kamal Kumar ordered Ms Malani to pay the DPP $5000 for court proceedings.
“The DPP’s decision to not institute criminal proceedings against the Attorney-General on the applicant’s (Malani) was not in excess of the DPP’s constitutional and statutory authority,” Chief Justice Kumar said.
“The DPP did not act under the direction or control of any other person or authority.”
Chief Justice Kumar said the DPP did not act in bad faith in holding that there was insufficient credible evidence or reliable evidence to support any criminal charges against the Attorney-General.
“The DPP correctly applied the evidential test stated in the Prosecution Code (Fiji), Osborne and Marshall.
“The DPP did not breach rules of natural justice by not contracting or seeking the applicant’s consent or consulting the applicant, before coming to the decision to not institute criminal proceedings against the Attorney-General.”
He said there was no need for the DPP to consult the applicant before coming to the decision to not institute criminal proceedings against the Attorney-General.
