The former Nasinu Mayor Rajeshwar Kumar will continue to challenge the legality of FICAC despite the ruling handed down this morning that the FICAC promulgation is currently valid.
Defence counsel Rajendra Chaudhry confirms that they are preparing to appeal the decision.
The High Court has today ruled that until and unless the decision in the Laisenia Qarase vs Commodore Frank Bainimarama case is set aside by the Fiji Courts of Appeal, the FICAC promulgation will be valid.
While handing down the judgment in the case challenging the legality of FICAC by the Former Nasinu Mayor Rajeshwar Kumar, Justice Nazhat Shameem states that it is not for her court to conduct an inquiry into what the President thought he was doing when he wrote the wording of the FICAC promulgation.
Justice Shameem also raised concern that the issue of FICAC's legality was brought up by Rajendra Chaudhry despite her earlier ruling in the Inoke Devo case which she said is binding on the Magistrate courts.
While dismissing the application Judge Shameem declined to overrule the Qarase vs Bainimarama case and also declined to find the FICAC promulgation invalid and of no effect.
Kumar To Challenge Legality Of FICAC
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