The High Court has dismissed the Minister for Home Affairs, the Republic of Fiji Military Forces and the Attorney General application to strike out a case filed by 31 former soldiers who had served with the Fiji Battalion in Lebanon during the late 1970s and 1980s, claiming unpaid UN peacekeeping allowances.
The High Court ruled that the case discloses a reasonable cause of action, noting that the ex-soldiers’ argument that the State acted as a trustee of the allowances is arguable in law.
The court says striking out a claim is a drastic step only taken when a case is bound to fail, and this matter raises serious triable issues that must be tested in a full hearing.
The court also found the State’s application to strike out the claim frivolous and vexatious.
The 31 former soldiers bringing the claim include Josefa Serulagilagi, Inoke Kubuabola, Ratu Apenisa Seru, Mosese Draunibaka, Pio Tabaiwalu, Jone Kubu, Joeli Rabukawaqa, Pita Rokoratu, Viliame Rokovucago, Aseri Banuve, Anare Jale, Apisalome Seru, Isireli Koroi, Filimoni Vosarogo, Rupeni Fesaitu, Nemani Bainivalu, Paula Seruvatu, Jone Wesele, Viliame Mataitini, Pita Vuniwaqa, Jone Qauqau, Iliesa Banuve, Manasa Korovulavula, Ratu Epeli Nailatikau, Sitiveni Rabuka, Ratu Meli Saukuru, Jioji Konrote, Isoa Tikoca, Viliame Rokotuibau, Apisai Tora, and Anare Ravula.
They claim they never received their full UN Interim Force in Lebanon entitlements while serving under Fiji’s peacekeeping deployment.
The court has also ordered the State to pay $1,500 in costs to the former soldiers.
The case will be called again on the 11th of this month.
