THE High Court of Fiji has ruled there are triable issues in the arrest of Ratu Epenisa Cakobau by Fiji Military Forces and Fiji police officers on June 7, 2018.
This followed Ratu Epenisa’s decision to take legal action against the Commander of the Republic of Fiji Military Forces, the Commissioner of Police and the Attorney-General of Fiji.
He is seeking a declaration from the courts that he was unlawfully arrested and detained by the army and police for a period of 30 hours, as well as seeking general damages, including aggravated and exemplary damages for wrongful and unlawful detention.
The Kubuna chief is also seeking general damages for breach of his Constitutional rights.
“It is clear that the plaintiff’s (Ratu Epenisa) cause of action is based in ‘tort’ and the claim is against the State on vicarious liability,” stated Acting Master of the High Court , Liyange Kashyapa Wickramasekara in his February 18 ruling.
“In view of the above context, this Court do not find that the Republic of Fiji Military Forces Act 1949 has application to this matter.
“The 1st defendant (Fiji Military), in its written submissions fails to highlight how the Plaintiff’s claim falls under the Republic of Fiji Military Forces Act 1949.
“The plaintiff’s claim is obviously not brought against the 1st defendant for anything done by him or her under the Republic of Fiji Military Forces Act 1949.
“It is an action in ‘tort’ for wrongful arrest and breach of constitutional rights of the plaintiff.
“Court therefore finds that the argument that plaintiff’s claim is statute barred pursuant to Section 52 (1) of the Republic of Fiji Military Forces Act 1949 is misconceived and therefore fails.”
Master Wickramasekara concluded that the defendants had failed to pass the threshold for allowing an application to strike out the Writ of Summons and/or the Statement of Claim.
He ordered the RFMF, Fiji police and the Attorney-General to pay Ratu Epenisa $1000 in costs.
Last week the military sought traditional forgiveness from Ratu Epenisa and his family in relation to the incident. He wasn’t present at the ceremony.
