Suva High Court has struck out the constitutional redress application of late Joseua Lalauvaki

High Court Judge, Justice Deepthi Amaratunga has struck out the application of Constitutional Redress that was filed by the Human Rights and Anti-Discrimination Commission on behalf of the late Joseua Lalauvaki.

This was in relation to the violation of his constitutional rights on 2nd September 2018 which ultimately resulted in his demise on 11th October last year.

He was allegedly assaulted by Police officers which caused his death.

Suspended Police Officers Kelepi Kolinisau and Selema Tikoenaburevere have been charged with murder.

In his judgment, Justice Amaratunga said that the first applicant is struck out due to non-compliance of Order 15 rule 17 of the High Court Rules of 1988. He says a claim for damages cannot proceed without an appointment of a party to represent the estate of the deceased in terms of the said High Court Rule.

Justice Amaratunga says the Human Rights and Anti-Discrimination Commission can bring an action for violation of the Bill of Rights in the Constitution, but that application needs to be supported by an affidavit with sufficient evidence to prove the facts on balance of probability.

He adds that the affidavit in support had failed to comply with such essential requirements and it lacked evidence of witnesses, medical reports and post mortem reports.

The judge says so there is no proof of alleged infringements adding that an affidavit from the investigating officer cannot substitute evidence from witness.

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