The laws of Fiji Rugby Union were argued in court this morning in the appeal case of former Naitasiri Under-19 lock Keresi Maya.
Maya appeared in the Suva High Court to appeal his case which is pending in the Magistrates Court where his lawyer had applied for a permanent stay on the case.
He is charged with one count of assault causing actual bodily harm for allegedly punching a referee during a game in August last year.
The accused’s person’s lawyer told the court that under the common law, a person cannot be penalized twice as this can result in double jeopardy.
Maya was banned by the FRU from all levels of rugby for six years for assault of a match official.
Maya’s lawyer claims the FRU Tribunal has penalized his client for foul play and the elements are the same as what he now charges in the Magistrates Court.
Maya’s lawyer also argued the FRU was delegated power by parliament to make laws for the institution and says there is no way his client should be tried again by the Magistrates Court.
The State lawyer says the FRU regulation is not guided by the laws of Fiji, claiming FRU adopts laws of World Rugby.
The state lawyer argued that the Fiji Rugby Union tribunal is not set out by the law of Fiji.
The Judge says any tribunal must vest its power from parliament to penalize a person.
He will make his judgment on the 18th of March.