The Anti-Corruption Division of the High Court in Suva has ordered Opposition MP Simione Rasova to pay $3000 in costs for “a deliberate attempt to delay his trial” when he applied for Justice Dr Thushara Kumarage to recuse himself from hearing the case.
His application was refused and dismissed.
The application was made on the grounds of the court having heard three of his colleagues’ cases which were of a similar nature, similar offending and possibly similar witnesses.
Mr Rasova expressed apprehension of Justice Kumarage having already accepted the evidence of those witnesses and made judgment on their evidence, with prejudice to the fairness of his trial.
He expressed discomfort in appearing in a court that had convicted his fellow MPs consecutively and further feared comments made by the Prime Minister in Parliament where he interjected Mr Rasova’s speech saying “FICAC, FICAC” and “five years in prison”.
Justice Kumarage said apart from the few official witnesses representing Parliament he was unaware of the evidence expected from others.
He said as a judicial officer he only considered evidence led in open court, subject to cross-examination, not interaction between members of other units of government or political rivalries.
He said the courts and all judicial officers were independent of the legislative and executive branches of government and were subject only to this constitution and the law which they must apply without favour and prejudice.
Mr Rasova’s case will be called for mention on October 26.
