Serving prisoner, Timoci Silatolu has made a fresh application in the Fiji Court of Appeal saying he should be released from prison.
Silatolu was convicted of treason in 2003 and sentenced to life imprisonment with the judge’s recommendation that he serves a minimum term of nine years.
Silatolu, George Speight and others committed treason against the Republic of Fiji and the lawful government between May 19th and 27th July, 2000.
This is not the first time Silatolu has taken the case in higher courts as in June, 2015, High Court Judge, Justice Paul Madigan had ruled that nine years was not the sentence itself.
He had stated that the sentence was upheld subsequently by the Court of Appeal and Supreme Court.
Justice Madigan had highlighted that it is not within the jurisdiction of the court to interfere with the Commissioner of Prisons role in determining when the convict is to be released, having served the recommended minimum term.
Today, the President of the Fiji Court of Appeal, Justice William Callanchini told Silatolu that he should exhaust other avenues first.
Jan Sherani of the AG’s Chambers told the court that Silatolu made an application to the Mercy Commission in May this year and he should pursue that remedy first.
Under section 44, subsection 4 of the Fijian Constitution, the High Court may exercise its discretion not to grant relief in relation to an application or referral made under this section if it considers that an adequate alternative remedy is available to the person concerned.
The Fiji Court of Appeal will give its decision on notice.
