THIRTEEN former inmates have filed legal action against the Fiji Corrections Service, alleging they were wrongfully confined beyond their lawful release dates because of incorrect sentence remission calculations.
The civil action, filed in the High Court in Suva by their lawyer Jagath Karunaratne, names the Commissioner of Fiji Corrections Service as the defendant and claims the former prisoners were unlawfully detained despite maintaining good behaviour and completing their non-parole periods.
Among those listed in the lawsuit are Mohammed Sagaitu, Ulaiasi Matagasau Tokatokavanua, Simeli Baravilala, Asesela Salabale, Timoci Silatolu, Josefa Nata, Keni Dakuidreketi and former parliamentarian Niko Nawaikula.
According to the statement of claim, the 13 argue the Corrections Service misapplied the one-third remission provisions under the Corrections Service Act 2006 and related regulations.
They claim prisoners were entitled to release after remission was applied to their head sentences, subject to good behaviour, but allege the defendant instead calculated release dates based on “two-thirds of the difference between the head sentence and the non-parole period”.
They argue the miscalculation resulted in continued detention “without legal justification, amounting to wrongful confinement”.
The court documents allege some plaintiffs overstayed in custody by several hundred days, while one claim involving Josefa Nata alleges confinement beyond lawful release for more than 3900 days after being returned to prison following an earlier release.
The plaintiffs further claim the Corrections Service had notice since 2016 that its remission calculations were incorrect following several Supreme Court decisions, but only took corrective action in December 2023.
The lawsuit seeks declarations that the remission calculations were unlawful, compensation for wrongful confinement, exemplary damages, interest and legal costs.
The matter is listed for mention on Monday in the High Court.
