Fiji lawyer says due process violated in sedition case

Transcript

The lawyer for several people facing sedition charges in Fiji has hit out at prosecutors saying they are not following due process.

Aman Ravindra-Singh represents three men who have had their bail revoked and are now in custody on charges of sedition and inciting communal antagonism.

AMAN RAVINDRA-SINGH: It's laughable, on what evidence the police have made a strong argument that these people are a threat to national security, and to public safety and therefore should be behind bars. That was the argument from police in their affidavit which was presented by the office of the DPP (department of public prosecutions).

SALLY ROUND: There have been reports in Fiji about supposed military training going on in the hills behind Ra. Are these people connected to that in any way?

AR: Unfortunately, the way the police have operated on this instance, with regards to this allegation, it's appalling and at the same time farcical. These three persons were in custody from last week. Two of the persons I represent were in custody for six days and the lawyer, the solicitor also who has been charged with the other two persons, was in custody from 8AM last Friday. The law under the constitution in Fiji allows for persons to be held in custody for no longer than 48 hours, and then be produced before a court. none of these persons were produced before a court after the expiry of 48 hours. So their basic human rights and constitutional rights which are enshrined in the Fiji constitution have been clearly violated. We did inform the magistrate about these violations and it was on those grounds that we presented very strongly that bail was granted. Now, for any normal case where a person is charged, firstly the charge sheet would be produced in court on the day of the charge being laid. And the persons appearing before court, they did not have the benefit of the charge sheet, and the most basic first phase of disclosure would be provided to the defence. We even did not have the benefit of any disclosures. Right now, my clients have no clue, absolutely no clue as to what evidence is there against them. And I as counsel for the three accused have no evidence before me as to what the evidence is against these three persons. We have yet to see the charge. However, attached to the police affidavit which was filed, we were able to see the charges which have been charged against them and it is one count each of sedition, and the second count of inciting communal antagonism.

SR: And this is in connection with these reports we are hearing about this supposed breakaway state and military-style training in the hills behind Ra?

AR: Well, again, last month there were sixteen persons charged with sedition and the allegations were that they were trying to form a breakaway state. And now the latest charges which have been laid resemble the same charges connected to the persons from last month, which is one count of sedition and a second count of inciting communal antagonism. However the police have gone publicly and stated in the local media that these two groups are not linked. That's what the police are saying. I am honestly not in a position to confirm or deny if they're linked or not. Not until the evidence is before us.