Nawaikula Claims Unlawful Confinement
He claimed there would be 150 to 200 prisoners in unlawful confinement in corrections facilities.
Friday 26 January 2024 | 09:17
From left: Former Social Democratic Liberal Party (SODELPA) Member of Parliament Niko Nawaikula, and Attorney-General and Minister for Justice Siromi Turaga. Photo: Inoke Rabonu
Former Social Democratic Liberal Party (SODELPA) Member of Parliament, who was jailed by the past government, Niko Nawaikula, will file a civil claim for ‘unlawful confinement’.
He said he would also do so for 10 other people including recently released Naitasiri paramount chief, Ratu Inoke Takiveikata and Ratu Timoci Silatolu, who received Presidential Pardon last month.
Mr Nawaikula was convicted in 2022 for giving false information to a public servant and one count of obtaining financial advantage.
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He was sentenced to two years in prison.
Speaking from his home in Koronivia yesterday, Mr Nawaikula believed he was unlawfully confined because of the mistake by the Fiji Corrections Service officers in calculating his date of release.
Former Social Democratic Liberal Party (SODELPA) parliamentarian Niko Nawaikula.
Mr Nawaikula was later released on December 1, 2023, and was required to complete community service until March.
However, Police informed him last night he was now a free man and he no longer needed to carry out community work.
“Last week, I filed a complaint to police against the Fiji Corrections Service Commissioner for unlawful confinement. Only yesterday (Wednesday) the police came back to advise me that as of today (yesterday) my prison term has ceased and I’m no longer required to do community work.”
Minister for Justice responds
Attorney-General and Minister for Justice Siromi Turaga in response said Mr Nawaikula was entitled to his own opinion.
“What we need to understand is that this was not the first time it has happened,” Mr Turaga said.
“Sometimes it is an administrative error or human error,” he said.
“What we know is that there is a supreme law decision whether the prisons were using that from last year, we do not know. Most likely not.
“But our office has advised the Acting Commissioner on how this must be calculated based on the Supreme Court Decision.”
On claims that more than 100 inmates were unlawfully confined, Mr Turaga said these were only claims.
“I am aware of the issue of people writing to us claiming that they have been detained longer than they should.
“Obviously, Mr Nawaikula has been an inmate and he would have spoken to many. He may have identified a number it does not have to mean that those claims are true.”
Feedback: inoke.rabonu@fijisun.com.fj
