New section included under treason offence

A new section is included under the Treason and other Offences Against Government Authority part of the Crimes Decree, and it mainly focuses on the court to have regard to which a conduct occurred including whether the person charged with an offence under this part conducted the act in good faith.

The section deals with the determination of certain elements of offences under the part of the decree which the court should take into regard.

Section 70 of the Treason part of the decree states that for the purposes of determining whether a person has intended that force or violence shall occur in the context of an offence under the Treason section, the court shall have regard to the context in which the conduct occurred, and whether the person conducted the act in good faith to show that the President, the Prime Minister, their advisers or a person responsible for the government of another country were mistaken in any of their counsels, policies or actions.  

Under the Treason Section of the Crimes Decree, the courts shall also take into account on whether the person acted in good faith to point out errors or defects in the government of Fiji, the constitution, legislation of Fiji or another country and the administration of justice of or in Fiji, or another country, with a view to reforming those errors and defects.

The court shall also have regard on whether the person charged with an offence under the Treason section is pointing out in good faith, any matters that are producing or having a tendency to produce feelings of ill-will or hostility between different groups, in order to bring about the removal of these matters.

Meanwhile the statute of limitation of two years for the offence of treason is no longer in place after the Crimes Decree came into effect on Monday.

Under the Penal Code which is now repealed, a person could not be tried for treason, misprision of treason and instigating invasion, unless the prosecution is commenced within two years after the offence is committed.

Now there is a major change because in the past, police and prosecutors faced major difficulties and could not charge a person with treason or other treasonable offences if two years had lapsed after the offence was committed.
 
The two year limitation has been taken away under the Crimes Decree.

Former High Court Judge Nazhat Shameem said this problem no longer exists for the police and the prosecution.