Dean v State [2017] FJHC 466; Constitutional Redress Application 20.2017 (29 June 2017)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CONSTITUTIONAL JURISDICTION

Constitutional Redress Application No. 20 of 2017

AIYAZ ALI DEAN

v

STATE

Date of Ruling: 29 June 2017

RULING

[1] By way of Notice of Motion and Accompanying Affidavit, the applicant applies for Constitutional Redress for what he perceives to be a breach of his right to a fair trial enshrined by section 15(1) of the Constitution of Fiji 2013.

[2] He deposes that in the Magistrates Court at Tavua, he has been charged with breach of bail contrary to sections 25 of the Bail Act 2000 and the Bail Amendment Act 2009 and he disputes the legality of the charge.

[3] Constitutional Redress is a totally inappropriate vehicle for the grievance expressed by the applicant in his Application.

Any matters of legality and propriety of charge would be a matter for the Fiji Court of Appeal and recourse to that Court is an adequate alternative remedy available to the Applicant in terms of section 44-(4) of the Constitution.

[4] The application is dismissed.

P.K. Madigan
Judge.