THE Suva Magistrates Court has referred a case to the High Court to make a ruling on a constitutional matter in which an accused claims the police are violating his rights.
Josua Natakuru was charged with a count of criminal trespass in Suva and was allowed bail. However, he has been held in custody in Ba on another matter.
Mr Natakuru told the court he was seeking redress under section 44 sub-section 5 of the Constitution.
He told the court that while in remand he was not allowed to have his disclosures with him. He said every time his case came up in Suva, he was taken from Ba and kept at the Central Police Station.
Mr Natakuru told the court the beddings and conditions in the cell were inhumane and that the food provided was inadequate.
The police prosecution asked the court if the accused's bail in Suva could be revoked and he be kept in Korovou. He said the prosecution had no grounds to seek revocation of bail.
He said the Constitution was the supreme law of the land and nobody was above it, not even the police.
Mr Natakuru said he sought his basic right to be in a sanitary place and be provided with proper meals.