NEWS

Court Dismisses S-G’s Office Application For Judicial Review

  The High Court in Suva has dismissed and struck off an application by the Solicitor-General’s office for a judicial review of a tribunal ruling. The Public Service Disciplinary Tribunal
28 Jun 2016 14:48
Court Dismisses S-G’s Office  Application For Judicial Review

 

The High Court in Suva has dismissed and struck off an application by the Solicitor-General’s office for a judicial review of a tribunal ruling.

The Public Service Disciplinary Tribunal (PSDT) had ordered that the submissions of the S-G’s Office on time limitation be dismissed.

It also ordered the S-G’s Office file fresh amended disciplinary charges within the time limitation imposed by the tribunal.

The case is over charges relating to absenteeism by Salanieta Nawaqavou when she worked as a secretary in the Office of Attorney-General from May 15, 2006 to July 22, 2014. She was suspended pending the outcome of the disciplinary proceedings.

The chairman of PSDT limited the time frame to one year. But the S-G’s Office argued that the charges were not criminal and there was no requirement to limit charges for 12 months.

The judge, Justice Deepthi Amaratunga, ruled that the charges that were filed spanned a  period of eight years.

“It would not be reasonable for a person to ask for explanation of events that happened eight years, when they are not even minor criminal matters covered in Section 187(2) of the Criminal Procedure Decree.”

Ms Nawaqavou, a member of the Fiji Public Service Association, represented herself. She was assisted by Darmodaran Nair, a lay person, who represented her in the PSDT.

 Feedback: jessica.gounder@fijisun.com.fj

 

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