The Suva High Court this morning ruled that former Nausori Magistrate Sunil Kumar is not immune from criminal prosecution.

High Court Judge Justice Sunil Kumar in his judgement on the application for immunity from prosecution said that judicial immunity is not absolute and that immunity does not mean the judicial officers are above the Law, stressing that immunity does not exist to protect the judicial officers but to guard the institution of justice and the rule of law from interference from disgruntled litigants.

While making his ruling, Justice Goundar said that the accused is specifically charged with an attempt to pervert the cause of justice contrary to the Penal Code.

Justice Goundar also refused an application by the accused to have certain information quashed.

FICAC charged Kumar with seven counts of allegdly attempting to prevent the course of Justice. Between May and October of 2007, Kumar on several occasions had alleged told Police Officers who were giving evidence in court to stop booking traffic offenders and therefore attempting to prevent the course of justice by discouraging them from carrying out their duty.

The case between FICAC and Singh will be heard at a later date.