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Kean v Legal Aid Commission [2017] FJHC 459; HAR10.2017 (28 June 2017)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
REVISIONAL JURISDICTION

Judicial Review Application no. HAR 10 /2017

GUSTON FREDRICK KEAN

V

LEGAL AID COMMISSION

Date of Ruling: 28 June 2017

RULING

[1] The Applicant applies for leave to judicially review a decision of the Legal Aid Commission not to represent him in a civil action he is bringing against the Commissioner of Police in the Magistrates Court at Lautoka.

[2] In an accompanying affidavit he deposes that the refusal of provision of legal aid by the Director has breached his constitutional right to a fair trial , under s.15(1) of the Constitution of the Republic of Fiji 2013 (“the Constitution”) as well as the right to legal aid enshrined in section 15(10) of that Constitution.

[3] The Applicant deposes that on being notified of the refusal of legal aid on the 11^th January 2017, he was invited to appeal the decision to the Board of the Legal Aid Commission, which he deposes that he did on the 2^nd February 2017. He does not give evidence of any reply from the Board.

[4] The applicant has at a time earlier this year made a similar application by way of Constitutional Redress, an application that was refused because it was out of time.

[5] This identical application made by way of judicial review is not only inappropriate, It is vexatious.

[6] Leave to review is refused.

P.K. Madigan
Judge.