Let DPP handle criminal cases: Judge
Saturday August 18, 2007

The High Court has ordered a demarcation of roles between the newly established Fiji Independent Commission against Corruption (FICAC) and the Office of the Director of Public Prosecutions (DPP).

High Court judge Justice Gerard Winters has ordered that FICAC let the DPP handle all criminal cases and has dismissed proceedings for the trial of three Indian nationals and five locals charged with the murder of Nadi jeweller Kamlesh Nandha last year.

He said Fiji's Constitution only allows the DPP to file criminal proceedings in the legal system.

This issue came to prominence after FICAC arrested and charged the Indian Nationals Manoj Khera, Prakash Karana and Sanjay Khera in relation to Nandan's murder in May. They were charged after the FICAC's Anti-Corruption Unit got information on the murder during routine investigations on an alleged passport scam.

FICAC's authority in charging the men on a criminal case was contested in the magistrates court by the trio's lawyer Mehboob Raza in June who said FICAC had no jurisdiction on any issues of that nature.

Justice Winters in yesterday's ruling dismissed the High Court proceedings against the three along with Prakash Garana, Samuel Singh, Imran Ali, Jack Fraser and Alvin Raj after no information on the charges was filed with the High Court.

FICAC had asked time to file more information but this was declined by Justice Winters who said all information had to be served with the High Court 21 days after the matter was transferred from the magistrates court.

He said the deadline had passed by more than 40 days and he had no choice but to dismiss the proceedings.