LOSALINI RASOQOSOQO
Suva
A remand prisoner who is challenging the Central Police Station over claims that his constitutional rights were not met while in remand has had his case referred to the High Court.
Josua Natekuru appeared before Magistrate Sufia Hamza.
Natekuru claims that he was not able to exercise his constitutional rights when:
• He was not allowed to access his disclosures inside his cell while being transferred from Ba Remand to the Central Police Station;
• His request for his beddings to be brought from home was not allowed when the beddings in the cell were dirty; and
• Inadequate supply of food and medicine and request for food to be brought from home was not met. he often starved himself after food.
Natekuru is on remand for trespassing, which he said was reconcilable. He wants to apologise to the complainants.
Magistrate Hamza suggested the hearing of his trespassing case be moved to May 8 , to which Natekuru begged for the date to be brought forward because the “matter has been hanging over my head for the past two years and I want to get it done with and so as my other court cases in order to move on with my life”.
In relation to the violation of his constitutional rights, the CPS officer in charge was summoned to the court. However, Commanding Officer Central Superintendent Tevita Waqabaca came on his behalf.
Natekuru said he was not asking for hotel treatment or luxurious items, but only wanted his needs to be addressed.
Holding the constitution and reminding Magistrate Hamza that the court is the custodian of the law, Natekuru highlighted section 44 of the enforcement, subsection 5 which states that “if in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of this chapter, the member presiding in the proceedings may and must if a party to the proceedings so requests, refer the question to the high court unless, in the member’s opinion (which is final and not subject to appeal), the raising of the question is frivolous or vexatious.”
Magistrate Hamza referred the matter to be heard at the High Court on April 4 while all remand warranties have been extended until May 8 when he will reappear before her.
Natekuru has several minor cases in Ba, Lautoka and Suva.
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