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

  Download original PDF

Saukuru v State [2025] FJHC 380; HBM078.2025 (23 June 2025)

IN THE HIGH COURT OF FIJI

AT SUVA

[CIVIL JURISDICTION]

CIVIL MISC NO. HBM 078 OF 2025

PAULIASI SAUKURU

V

THE STATE

Date of Decision:23 June 2025

DECISION

(Summary Dismissal)

[1] On 5 February 2021, the High Court sentenced the Applicant to 10 years’ detention pursuant to section 31 of the Juveniles Act for the offences of Murder and Theft, committed at the same time and place, and against the same victim.

[2] The offences were committed together with an adult offender in a horrific manner. The offenders hired the victim’s private vehicle, took him to a secluded location, bashed him to death, and then stole his vehicle.

[3] The Applicant has filed a document titled ‘Summons’, seeking release from the detention pursuant to the constitutional redress provisions of the Constitution.

[4] So far, the Applicant has not served even half of his sentence. His claim of being reformed is questionable. He has appealed to the Supreme Court after abandoning his earlier appeal in the Court of Appeal. The appeal to the Supreme Court is currently pending. Further, he now seeks clemency when he did not show any to the victim.

[5] I am satisfied that there is no genuine constitutional violation arising from the Applicant’s punishment that warrants the court’s consideration.

[6] The 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)).

[7] Any future application for Constitutional Redress made in person by the Applicant shall not 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.