The High Court in Lautoka has struck out a constitutional redress application filed by a serving prisoner, ruling that the case was filed out of time and lacked merit.
In a decision delivered on March 30, Justice Mohammed Mackie found that the applicant failed to comply with the 60-day filing requirement under the Constitutional Redress Rules.
“I find that the Applicant’s application is time barred… and accordingly, no cause of action exists,” Justice Mackie ruled.
The application, filed in May 2025, stemmed from alleged incidents in December 2024, exceeding the prescribed timeframe without any request for an extension or evidence of exceptional circumstances.
The court also noted that the applicant failed to file any affidavit in opposition or written submissions to contest the strike-out application.
Justice Mackie further ruled that the claims—ranging from allegations of abuse of power, inhumane treatment, and assault—were unsupported by credible evidence.
“At least, he failed to submit a medical report or a complaint made to authorities,” the ruling stated.
The court also highlighted that alternative remedies were available to the applicant, including avenues through prison authorities and other institutions, which had not been exhausted.
“The Constitutional Redress Jurisdiction is not a panacea for all sorts of issues. It is an abuse of process to raise this kind of issues under redress jurisdiction,” Justice Mackie said.
As a result, the court granted the respondents’ application to strike out the case in its entirety.
While the application was dismissed, the court ordered that each party bear their own costs.
