The High Court in Suva has dismissed a civil lawsuit initiated by Irene Meena Chand, the widow of Corporal Manoj Chand, against the Commander of the Republic of Fiji Military Forces (RFMF) and the Attorney-General. Justice Chaitanya Lakshman ruled that the case, which was filed almost three years after Corporal Chand’s death, exceeded the legal time constraints outlined under the RFMF Act.
In his ruling, Justice Lakshman stated, “The Plaintiff initiated this action nearly three years from the demise of Manoj Chand.” The court determined that the claim could not proceed since Section 52 of the Republic of Fiji Military Forces Act 1949 grants immunity to the Commander of the RFMF and mandates that any civil action against the RFMF must be filed within a three-month window following an incident, after providing one month’s notice.
Irene Chand’s claim came as a writ of summons filed on 3rd October 2018, seeking damages over her late husband’s deployment despite his known serious medical condition. Corporal Manoj Chand, a Type 2 diabetic, suffered a severe medical crisis during his service in Sigatoka, leading to his hospitalization where he subsequently died on 12th October 2015 from septic shock and foot sepsis.
The case was officially struck out, and the court made no orders regarding legal costs. This ruling reflects an adherence to procedural guidelines within Fiji’s legal framework, emphasizing the importance of filing civil actions timely in order to uphold legal standards and protections afforded to individuals and institutions.
This case follows a broader trend of legal disputes involving the RFMF, highlighting ongoing discussions about accountability, particularly in contexts related to military health and welfare. The dismissal underscores the necessity for claimants to navigate the legal landscape effectively, ensuring compliance with statutory timeframes. As discussions regarding military compensation and responsibilities continue, there remains hope for legislative and judicial improvements that enhance accountability and protect the rights of service members and their families.