A serving prisoner has filed a case of constitutional redress in the Suva High Court against the Attorney General, Commissioner of Police and Corrections Commissioner.
Salesi Balekivuya is alleging in that application that several of his constitutional rights were breached when he was arrested in 2010.
He is also seeking a retrial and an immediate release. Balekivuya was sentenced to life imprisonment with a non-parole period of 20 years imprisonment on the 12th of August 2011 by the Suva High Court.
He was convicted for the murder of FNU student Krishneel Singh on 4th May 2010.
Balekivuya and a friend who were drunk and high from marijuana on that day attacked the FNU student in Samabula and killed him after repeatedly striking his head with a spade.
Singh passed away after suffering from serious skull and brain injuries.
Representing the Attorney General, Commissioner of Police and Corrections Commissioner was Geraldine Naigulevu and Suliana Taukei who told Justice Daniel Goundar that they will be filing a strike out application.
Justice Goundar said it seems that this constitutional redress case is an abuse of process.
Balekivuya told the court that he was being represented by lawyer Nemani Tuifagalele.
Balekivuya also told the court that he had already served 9 years in prison.
He is now 27-years-old and started serving his sentence when he was 19-years-old.
When asked by Justice Goundar if he had paid his lawyer, Balekivuya said he had already paid Tuifagalele.
Naigulevu then told Justice Goundar that they will try and make contact with Tuifagalele.
The case has been adjourned to 1st March 2019.
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