Greg O’Mahoney and Emily Hall successfully appeared for Fiji Airlines in an application before the Magistrates’ Court of Fiji concerning the taking of evidence on commission prior to the commencement of a criminal trial. The case, brought against the national carrier and Fiji’s former Attorney General for alleged corruption and breaches of Fiji’s civil aviation regime, has recently been transferred to the High Court of Fiji.
The prosecution sought orders for taking the evidence of a key witness on commission, on the basis that it was necessary for the ends of justice. The application, brought under s 120 of Fiji’s Criminal Procedure Act 2009, was the second case in which that provision has been considered.
Fiji Airlines opposed the application on the grounds that: it would compromise Fiji Airways’ right to a fair trial, as enshrined in s 15(1) of Fiji’s Constitution and the common law, in accordance with the accusatorial nature of Fiji’s criminal justice system; and the statutory preconditions for making such an order had not been met.
The Court dismissed the application on the basis that the relevant statutory requirements were not satisfied.
Greg and Emily are instructed by Richard Davis, Jayne Heatley and James Stewart from HWLE Lawyers and Nilesh Prasad from Mitchell Keil Lawyers.
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