JOSEFA Nata and Ratu Timoci Silatolu, who were convicted of treason in 2003 for their roles in the 2000 coup and later pardoned by the President in December 2023, are among 10 men pursuing a civil action against the Fiji Corrections Services. The case was called in the High Court in Suva on Thursday.
The plaintiffs include Mr Nata, Ratu Timoci, businessman Keni Dakuidreketi, former parliamentarian Nikolau Nawaikula, Mohammed Sagaitu, Ulaiasi Tokatokavanua, Simeli Baravilala, Asesela Salabale, Henry Fisher, and Josese Tuwaqa. All 10 men were previously convicted of various criminal offences, served custodial sentences, and have since been released.
According to their statement of claim, under the Corrections Service Act 2006 and its regulations, prisoners are to be classified upon admission and granted a release date calculated based on one-third remission of their head sentence, subject to good behaviour.
The plaintiffs allege that the FCS miscalculated their remission periods, applying a method that effectively delayed their eligibility for release until they had served two-thirds of the difference between the head sentence and non-parole period. They contend that despite maintaining good behaviour and completing their respective non-parole periods, they were detained beyond the dates they were legally entitled to be released.
The men argue that this miscalculation resulted in wrongful confinement and a violation of their constitutional right to liberty.
Represented by lawyer Jagath Karunaratne, they are seeking declarations that the FCS’s calculation process was unlawful and incorrect.
During the hearing, Justice Chaitanya Lakshman called the matter to fix a trial date. However, Mr Karunaratne was not present, and a lawyer from the Attorney-General’s Chambers requested costs due to the non-appearance.
A notice of appearance will be issued, and the parties are scheduled to reconvene in Suva on March 17.
