Home | Databases | WorldLII | Search | Feedback High Court of Fiji

  Download original PDF

Qurai v The Attorney General of Fiji [2025] FJHC 331; HBM080.2025 (9 June 2025)

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

CIVIL MISC NO. HBM 080 OF 2025

SOLOMONI QURAI

V

THE ATTORNEY GENERAL OF FIJI

Date of Decision: 9 June 2025

DECISION
(Summary Dismissal)

[1] The Petitioner, Solomoni Qurai is serving life imprisonment for murder at Medium Corrections Centre. He has filed an Application for Constitutional Redress using Form HCCR 1.

[2] He seeks the following relief:

An interpretation of section 119(a), (b) and (c) of the Constitution and of section 27(3) and (4) of the Fiji Corrections Service (Amendment) Act 2019.

[3] The Petitioner contends that he had already served18 years in prison and yet his application for pardon was declined by the Mercy Commission. The Petitioner has not supported his claim with any evidence.

[4] Even if I was to accept that Mercy Commission has rejected the Petitioner’s application for pardon, I would not have allowed him to invoke the Constitutional Redress procedure to review or second guess the Commission’s decision. Constitutional Redress is for genuine grievances where no alternative remedy is available. If alternative reliefs are available, the Constitutional Redress procedure should not be invoked.

[5] 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)).

[6] 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.