Decision On Couple’s Contempt Of Court Case Will Be Delivered On Notice
An order of committal against Veronica and Manoa Malani for Contempt of Court and that the said Veronica and Manoa Malani be committed to prison; and
Wednesday 30 March 2022 | 14:25
Manoa Malani (right) and Veronica Malani outside the High Court in Suva on March 29, 2022. Photos: Ashna Kumar
The High Court of Suva will deliver its decision on notice in a Contempt of Court case against Veronica and Manoa Malani.
The couple, represented by lawyer, Simione Valenitabua, appeared before Judge, Justice Vishwa Dutt Sharma.
They were served with the application for an order of committal in the High Court, after they allegedly made comments against the judiciary and members of the judiciary on September 10, 2021, in a live video posted on Facebook.
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The application alleges that the Malani couple’s statements are contemptuous in that:
They have been deliberately made with the intention to scandalise the court and the judiciary in Fiji; and
Are a scurrilous attack on members of the judiciary thereby lowering or undermining or posing a real risk of lowering or undermining the reputation of the judiciary, the public confidence in the judiciary, and the administration of justice in Fiji.
The Attorney-General is seeking the following orders:
An order of committal against Veronica and Manoa Malani for Contempt of Court and that the said Veronica and Manoa Malani be committed to prison; and
That the said Veronica and Manoa Malani do pay costs of and occasioned by these proceedings on an indemnity basis; and
Such other order(s) as the court may deem just.
Counsel from the Attorney-General’s office Mary Lee told the court that the respondents argued it was not their intention to scandalise the court, however, the intention was not necessary to scandalise.
She said Fiji was a small country so the nature of jurisdiction was relevant and the statements were contentious, scandalising the Chief Justice and the judiciary by alleging biasness.
Mr Valenitabua told the court that his clients were not the ones who published the posts and videos and those who did should be tried.
He further said that there were no proceedings before the court when the posts were made on social media hence there was no Contempt of Court issue.
Mr Valenitabua also told the court that his clients should not be wrongly punished with Contempt of Court.
