Lawyer Calls For Domestic Violence Policy Change
Mr Sharma said litigation lawyers often faced challenges in domestic violence cases because they may face higher-up orders prohibiting bail. Everyone is entitled to bail.
Tuesday 23 January 2024 | 14:23
Lawyer Devanesh Sharma (necktie) shares a light moment with Minister for Home Affairs and Immigration Pio Tikoduadua(left), during the Fiji Law Society Annual Convention at the Shangri-la Yanuca Island, Fiji, at Sigatoka on January 20, 2024. Photo: Salote Qalubau
Prominent Lawyer Devanesh Sharma criticised the domestic violence policy for hastily charging individuals without proper investigation.
He reasoned this caused case disposal delays despite couples reconciling.
Mr Sharma was directing his concerns to the Acting Chief Justice Salesi Temo during the Fiji Law Society Annual Convention on Friday at the Shangri-La Yanuca Island, Fiji in Sigatoka.
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The Director of Public Prosecutions (DPP) policy in Fiji has led to a blind charging of anyone facing domestic violence allegations.
“I think the domestic violence area in Fiji needs a lot of repairs first of all, someone within the police force or the DPP’s office has made a policy which says, that any domestic violence case Is a no-drop policy,” he said.
“So, police blindly just charge facing an allegation of domestic violence.”
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Mr Sharma said litigation lawyers often faced challenges in domestic violence cases because they may face higher-up orders prohibiting bail. Everyone is entitled to bail.
He said under the Criminal Procedure Act, if an individual assaulted his or her neighbour, the offence was reconcilable, however, the same provision did not apply to domestic violence cases.
He argued imposing domestic violence bail conditions on individuals who were charged with such offences could create a larger injustice, as it could keep families apart for a year, further causing division.
He said Section 24(1) (c) of the Domestic Violence Act allowed the courts to reconcile cases in a domestic violence offence.
“The courts should be allowed to reconcile cases where there are circumstances that warrant it,” Mr Sharma said.
“It’s a no-drop policy, where on earth did this policy came from? Police are surely entitled to investigate and if there is merit, on not charging a person, don’t charge them,” he said.
Acting Chief Justice Salesi Temo suggested Mr Sharma propose a constitutional provision to invalidate the policy decisions.
“That’s a minefield,” Mr Temo said.
“You can, there’s nothing to stop lawyers from doing that."
"Bring it up to the High Court through its review powers in look at some constitutional provision in the Bill of Rights to support your argument.”
Feedback: salote.qalubau@fijisun.com.fj
