Court turns down bid to review Sweep ruling

National

The Supreme Court has refused an application filed by lawyer Paul Paraka, seeking to review several decisions by the ‘Investigation Task Force Sweep’ that withdrew several criminal cases concerning the National Executive Council since 2013.
Judge Oagile Key Dingake on Friday refused Paraka’s application as he was of the view that Paraka had failed to provide valid reasons for delaying reviews of those charges after a period of six years.
Justice Dingake held that the delay without reasonable explanations was inconsistent with the Supreme Court Order 16, Rule 4 (2)B.
He said Paraka in his submissions stated that in 2016, he wrote to a number of authorities asking them to consider the decision.
However, due to change of circumstances among the authorities, he wrote to the arresting officers, the Internal Revenue Commission, Bank South Pacific Ltd and the Foreign Affairs Department. Justice Dingake said that in 2016, after the applicant considered various authorities having matters raised, he should have filed an application for leave for judicial review soon but he did not do so.
“The delay in circumstances of this case is inexcusable,” Justice Dingake said.
The judge held that the case was also not arguable because the Supreme Court was not required to engage in exhaustive analysis of the merits of the case.
“It is sufficient,” he said.
Paraka said he would still pursue the case.
“There are still other areas as well to deal with those involved, like referring them to the Ombudsman Commission, file individual cases against them in the crimes court,” he said.

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