Court issues restraining order against man

The Labasa High Court issued a restraining order against a man who had appealed against his prison sentence after he was convicted of assaulting his wife.

High Court Judge, Justice Daniel Goundar issued the restraining order under the Domestic Violence Decree for the safety and well-being of the victim, and the terms of the order are that the man must not physically assault or threaten to assault his spouse, damage or threaten to damage any property of the spouse and behave in an abusive manner towards his spouse.

The man was earlier convicted of assault causing actual bodily harm and sentenced to 6 months imprisonment in the Magistrates Court in Savusavu.

One of the grounds of appeal was reconciliation with the victim.

However Justice Goundar said the Domestic Violence Decree has changed the old law.

He said under the new law, domestic violence offences are not reconcilable and therefore there is no discretion given to the courts to encourage reconciliation.

He said if a victim freely reconciles with her partner and gives evidence of that effect, reconciliation is a factor that ought to be taken into account in sentencing the offender.

However Justice Goundar said in the case before him, there was no evidence of reconciliation.

While dismissing the appeal, Justice Gounder decided to issue the restraining order, saying it is mandatory under the Domestic Violence Decree.

He said the only discretion given to the court is when the safety and well-being of the victim is a non-issue.

He raised his concern that the man was convicted of a domestic violence offence and neither the prosecution nor the Magistrate had earlier considered the provisions of the Domestic Violence Decree to grant relief to the victim.

Any application for variation, suspension or discharge of the restraining order is to be filed and heard in the Labasa High Court.


Story by: Vijay Narayan