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Vunidaku v The Attorney General of Fiji [2025] FJHC 330; HBM079.2025 (9 June 2025)

IN THE HIGH COURT OF FIJI
AT SUVA
[CIVIL JURISDICTION]

CIVIL MISC NO. HBM 079 OF 2025

SAILOSI VUNIDAKU

V

THE ATTORNEY GENERAL OF FIJI

Date of Decision: 9 June 2025

DECISION
(Summary Dismissal)

[1] The Petitioner, Sailosi Vunidakua is an inmate. He is incarcerated at Medium Corrections Centre.

[2] He has filed an Application for Constitutional Redress using Form HCCR 1, seeking the following relief:

(a) a declaration that, by not allowing me to go to the hospital, the Fiji Correction Service Southern Division Supervisor, Alivio Turaganivalu violated my constitutional right to medical treatment under section 13(1) (j) of the Constitution.

[3] The Petitioner has not supported his claim for relief with any evidence.

[4] Fiji Corrections Service has their own in-house policies and procedures for physical wellbeing of the prisoners under their care. In-house medical care is also available for the prisoners. It is not for the court to usurp the functions of Fiji Corrections Service regarding wellbeing of prisoners.

[5] The court’s function is to hear genuine constitutional grievances, not petty complaints for which alternative reliefs are available. The Petitioner may take up his complaint with the visiting Magistrate on the next visit.

[6] This application is summarily dismissed as being frivolous and vexatious pursuant to the inherent jurisdiction of this Court (see, Tokoniyaroi v Commissioner of Police [2023] FJSC 24; CBV0017.2019 (30 June 2023)).

[7] An application for constitutional redress made in person by the Petitioner in the future is not to be accepted without the sanction of a judge of the High Court.

Hon. Mr Justice Daniel Goundar

Solicitors:
Applicant in Person, Fiji Corrections Department, Suva.