Fatai v State [2020] FJHC 232; HBM064.2020 (25 March 2020)

IN THE HIGH COURT OF FIJI
AT SUVA

HBM 064 OF 2020

BETWEEN : PENI FATAI
RUSIATE BULA
ILIESA TUI
JOSAIA TADULALA
ANIL CHAND
TIMOCI MATAINADROGA
PENI NAVU
RICHARD LOGANIMOCE
SEMI WAQA
LUKE NASETAVA
AIYAZ ZACK ALI
RUSIATE VULA
SHAZRAN LATEEF

AND : STATE

Date of Order : 25 March 2020

ORDER

[1] This is a joint application for constitutional redress by thirteen remandees at the Suva Remand Centre seeking a release from custody on the ground that their health, safety and life is at risk due to confirmed cases of Covid-19 in Fiji.

[2] The applicants are in custody on remand under lawful orders of the courts after they were refused bail. They can renew their applications for bail on the basis of special facts or circumstances.

[3] It is an abuse of the court process to seek release from custody using the constitutional redress procedure when the applicants have a specific remedy under the Bail Act.

[4] The High Court has inherent power to prevent an abuse of the court process. The application is summarily dismissed for an abuse of the court process.

......................

Daniel Goundar

JUDGE