The High Court in Suva has dismissed a civil lawsuit filed 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 lawsuit, initiated nearly three years after Corporal Chand’s death, did not adhere to the time limits set forth in the RFMF Act.
Justice Lakshman noted that the action was initiated significantly later than the stipulated timeframe, stating, “The Plaintiff initiated this action nearly three years from the demise of Manoj Chand.” The court ruled that the claim could not proceed as Section 52 of the Republic of Fiji Military Forces Act 1949 provides immunity to the Commander of the RFMF. Furthermore, it requires any civil action against the RFMF to be filed within three months after an incident, following a mandatory one-month notice period.
Irene Chand’s legal action, filed on October 3, 2018, sought damages related to her late husband’s deployment despite his serious medical issues. Corporal Manoj Chand, who was diagnosed with Type 2 diabetes, experienced a critical medical emergency during his service in Sigatoka, leading to hospitalization where he ultimately passed away on October 12, 2015, due to septic shock and foot sepsis.
With the case officially dismissed, the court did not impose any orders regarding legal costs. This ruling emphasizes the significance of adhering to procedural regulations within Fiji’s legal system, highlighting the necessity of timeliness in civil actions to maintain the standards of justice and protection for individuals and organizations.
This case forms part of a larger dialogue surrounding legal disputes involving the RFMF, calling attention to issues of accountability, especially concerning military health and welfare. As discussions about military compensation and responsibilities move forward, there is optimism for legislative and judicial advancements that may improve accountability and better safeguard the interests of service members and their families.