Former Land Transport Authority senior officer Veronica Malani has lost her court battle against the Director of Public Prosecutions (DPP) and the Attorney-General.

Chief Justice Kamal Kumar on Friday dismissed and struck out the leave to apply for a judicial review application of the DPP’s decision dated January 7, 2021.

The leave to apply for a judicial review application was filed by Ms Malani against the DPP’s decision that there was insufficient credible and reliable evidence to support any criminal charges against the Attorney-General, Aiyaz Sayed-Khaiyum. Ms Malani had alleged that Mr Sayed-Khaiyum was involved in a 1987 bombing injuring her and her mother. She was 14 years old at the time.

Ruling

In his ruling, Chief Justice Kamal Kumar ordered Ms Malani to pay the DPP cost of the proceedings assessed in the sum of $5000 within 21 days from the date of the ruling.

In conclusion of the case, Chief Justice Kumar analysed the affidavit evidence and submissions and found that the DPP’s decision to not institute criminal proceedings against the Attorney-General on Ms Malani’s complaint was not in excess of DPP’s constitutional and statutory authority.

He further added that the DPP did not act under the direction or control of any other person or authority and that the DPP did not act in bad faith in holding that there was insufficient credible evidence or reliable evidence to support any criminal charges against the Attorney-General.

‘DPP correctly applied the evidential test’

Chief Justice Kumar added that the DPP correctly applied the evidential test stated in the Prosecution Code (Fiji), Osborn and Marshall and that the DPP did not breach rules of natural justice by not contacting or seeking Ms Malani’s consent or consulting Ms Malani, before coming to the decision to not institute criminal proceedings against the Attorney-General.

He further added that there was no need for the DPP to consult Ms Malani before coming to the decision to not institute criminal proceedings against the Attorney-General.

He also added that Ms Malani had failed to produce any evidence to prove that the DPP was biased in coming to the decision to not institute criminal proceedings against the Attorney-General, and claim for bias was based on mere assertions, suspicion, and speculation.

Chief Justice Kumar said Ms Malani’s application for leave to apply for Judicial Review was frivolous, vexatious and an abuse of court process on the ground that all allegations were based on mere assertions, suspicion, and speculation.

Before coming to the decision, Chief Justice cleared that it was rightly pointed out by Ms Malani’s lawyer that Ms Malani was not challenging the merits of the DPP’s decision but the way it was reached.

He said the court could not order and no such order was sought for the DPP or Police to institute criminal proceedings on Ms Malani’s complaint and to do so would fracture the doctrine of separation of power and the court would end up usurping the Constitutional power/discretion of an independent department.

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