Judge Kumar "In any event I am appalled and dismayed at the manner in which the education officer (public officer) concerned obtained the statement from a student who went to enquire about his exam result. The manner in which the statement was taken, that is without any warning to the student as to the nature of the statement and its implication is despicable and speaks volume about the officer concerned...Nathaneal denies ever writing the notes annexed to Dr [Brij] Lal’s Affidavit as PS8." Justice Kamal Kumar, 17 January 2014, Fiji High Court, Suva
Right photo: Rajesh Lal, left, with distraught parents and students at Labasa Sangam College.
 BOLE IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Judicial Review No. 5 of 2013 BETWEEN : RAJESH LAL, as next friend of Nathaneal Caleb Lal (Index No. 1041008200) (an infant), of Labasa, Student AND ADDITIONAL 8 OTHERS NAMED IN THE SCHEDULE OF THE APPLICANTS APPLICATION APPLICANT AND : THE MINISTER FOR EDUCATION, NATIONAL HERITAGE, CULTURE AND ARTS, Education Department, Suva, Fiji Islands FIRST RESPONDENT : THE PERMANENT SECRETARY FOR EDUCATION, NATIONAL HERITAGE, CULTURE AND ARTS, Education Department, Suva, Fiji Islands SECOND RESPONDENT BEFORE : Hon. Justice Kamal Kumar |  Dr. BRIJ LAL ONLINE Ph.D (Royal Ireland Institute of Business & Tech), MSc (RIIBT), P.G.Diploma (USP), BA (USP), Teachers Cert (NTC) Dr. Brij Lal began his career as a teacher and taught at various schools in Labasa. After the 2006 coup he became the Deputy Secretary for Education responsible for the Primary, Secondary, Asset Monitoring and the Fiji Teacher Registration Board before being appointed as the Permanent Secretary for Education, National Heritage, Culture & Arts. COUNSEL : Mr R. Naidu and Mr R. Singh for the Applicant Mr R.Green and Ms S. Ali for the Respondents DATE OF HEARING : 24 October 2013 DATE OF RULING : 17th January 2014 RULING (Application for Judicial Review) |
"At paragraph 34 of Dr Brij Lal’s affidavit he states as follows: “THAT on 28/12/12, Nathanael Lal arrived at the Examinations Office to pick up his results. Upon finding zero marks for his Biology paper, he wrote in a voluntary statement, annexed as Annexure PS8, that “my friends were copying with each other behind two desks of me; Priya Chand – 8146, Shayaal Kumar – 8194, Kavneel Chand – 8143”. Of course, by this time the SEO’s report had already confirmed that 8143 and 8194 were malpractice candidates. They are also Applicants in this Judicial Review Application.”
At paragraph 3 to 5 of the Affidavit of Rajesh Lal in Reply sworn on 13 August 2013 and in response to paragraph 34 of Dr Brij Lal’s Affidavit he states as follows: "I have discussed with my son Nathaneal the allegations that Dr Lal has made about him at paragraph 26 and 34. Nathaneal denies ever writing the notes annexed to Dr Lal’s Affidavit as PS8. He says no explanation was offered to him by persons he does not know (and whom Dr Lal does not name) at the time he came to pick up his exam results. No specific allegations were put to him, in writing or otherwise, and he was not given an opportunity to seek legal advice or parental support. He recalls only that he was accused of malpractice. Nathaneal states that when he was given a zero mark he was shocked. He recalls crying as a result of the shock, but little more about the incident. He says he was spoken to harshly by people" - JUSTICE KAMAL KUMAR
At paragraph 3 to 5 of the Affidavit of Rajesh Lal in Reply sworn on 13 August 2013 and in response to paragraph 34 of Dr Brij Lal’s Affidavit he states as follows: "I have discussed with my son Nathaneal the allegations that Dr Lal has made about him at paragraph 26 and 34. Nathaneal denies ever writing the notes annexed to Dr Lal’s Affidavit as PS8. He says no explanation was offered to him by persons he does not know (and whom Dr Lal does not name) at the time he came to pick up his exam results. No specific allegations were put to him, in writing or otherwise, and he was not given an opportunity to seek legal advice or parental support. He recalls only that he was accused of malpractice. Nathaneal states that when he was given a zero mark he was shocked. He recalls crying as a result of the shock, but little more about the incident. He says he was spoken to harshly by people" - JUSTICE KAMAL KUMAR
