“The public interest and other considerations overweigh the emotional and sentimental significance of being present at the step-daughter’s wedding.”
High Court Judge, Justice Thushara Rajasinghe said this while dismissing the bail variation application of the Publisher of The Fiji Times Limited, Hank Arts today.
Arts is charged with Josaia Waqabaca, Anare Ravula, Fred Wesley, and The Fiji Times Limited for inciting communal antagonism.
Arts wanted to travel to New Zealand to attend his step-daughter’s wedding next month and also to undergo a medical review.
Arts had earlier advised the court that he is ready to forfeit his two properties and his FNPF fund to the government if he does not return to Fiji.
Justice, Rajasinghe says it is an emotional moment for a father to walk his daughter down the isle on her wedding day, however considering the wider spectrum of interests of justice and proper administration of justice, the court requires to go beyond the emotional aspect of human relationships in an application of this nature.
The Judge stated the offence of inciting communal antagonism is a serious offence that relates to communal and religious relationship of the community and hence, public has a greater interest in an offence of this nature.
The maximum penalty of this offence is ten years imprisonment.
Justice, Rajasinghe also highlighted that he does not find Arts’ proposed security of forfeiting his two properties sufficient enough to permit him travel overseas.
The Judge noted that Arts has not specified whether he intends to forfeit the land as described in two Native Leases or whether the remaining period of two lease agreements.
Justice, Rajasinghe also advised the court that Arts has also proposed to forfeit his balance of FNPF as a security, however the FNPF Decree has specifically allowed payment from the fund only to certain designated purposes.
The Judge then said that Hank Arts has a dual citizenship in Fiji and New Zealand, which enables him to stay in New Zealand indefinitely without the requirement of a valid visa.
Justice, Rajasinghe also noted that Arts has failed to provide any information whether Fiji has medical facilities to monitor and review his medical condition locally and that the only option is to undergo such a medical review in overseas.
The Judge also noted that the New Zealand based doctor only wished to re-examine Arts in order to manage the condition and to avoid any further surgeries as he is on antibiotics.
According to Justice, Rajasinghe, the New Zealand based doctor has stated the treatment to be successful based on a blood count taken in Fiji.
It is alleged that Arts, Waqabaca, Ravula, Wesley and The Fiji Times Limited made, or caused to be published, a statement in the i‑Taukei language in Nai Lalakai newspaper that is likely to incite dislike, hatred, or antagonism of the Muslim community.
The matter has been adjourned to next Monday.
