The Human Rights and Anti-Discrimination Commission has found that there was sufficient evidence based on medical reports of the late Ilaisa Batai and credible witness statements that the actions of the Police officer was in breach of section 11(1)(2) of the Fijian Constitution, section 10(3) of the Criminal Procedure Act 2009 and sections 255 (a) and 275 of the Crimes Act 2009.
Batai was allegedly assaulted on 8th August this year by a Police officer in civilian clothing.
Director Ashwin Raj says following Batai’s untimely demise on Wednesday, the Commission sought a copy of the Death Certificate.
Raj says a summary of the medical report from the Acting Medical Superintendent at the CWM Hospital confirms that Batai’s cause of death was, septic shock due to nosocomial infections, intracranial space-occupying lesions- most likely lymphoma, complicated pneumonia, probable extra-pulmonary tuberculosis and immunosuppression.
Raj says they urge Police to expeditiously conclude its investigations because Batai has not lived to see justice.
Police say they will wait for the post mortem report to determine what caused the death of a man who was allegedly assaulted by police officers in Nausori in August this year.
Batai Ilaisa passed away on Wednesday night.
Legend FM News has received information from family members that Ilaisa was bedridden after a short illness.
He did not fully recover until his passing.
When asked if Police had established as part of investigations and medical reports received if Ilaisa's long term hospitalisation and death are related to a sickness or the alleged assault, Police spokesperson Ana Naisoro says they will wait for the post mortem examination result before commenting.
Last week, Naisoro said the Criminal Investigations Department is still compiling findings of the investigation into the complaint by Ilaisa in August.
She had said the investigation file will be submitted to the Office of the Director of Public Prosecutions soon.
Ilaisa had alleged he was punched more than once on the face by officers in civilian clothing.
He said on the day of the incident, a police officer in a motorcycle sped into Ross Street and almost hit a car in the opposite direction.
Ilaisa said he went and told the officers that he needed to slow down as he was in a busy, narrow street with cars queued.
He claimed that after that he was summoned by two police officers in civilian clothing who wanted to discuss the matter at the Nausori Police Station.
Ilaisa claimed that as he continued talking to officers someone came out of nowhere and punched him.
He said the next thing he knew he was bleeding from his nose and mouth and lying inside a police vehicle where he allegedly received another punch.
On 10th August 2020, Acting Police Commissioner Rusiate Tudravu directed the Director of Internal Affairs to send a team from the Police Headquarters to conduct the investigations.
Tudravu said at the time that if the allegations are proven to be true, those responsible will be charged and produced in the court of law.
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