The Attorney-General’s office has until next Tuesday to address questions from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi regarding a case for judicial review. The civil case was discussed before Justice Anare Tuilevuka in the High Court in Suva on Friday.
Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi stood for the state. This case originates from a judicial review application concerning a High Court ruling that involved six individuals who were issued red notices last year.
During the hearing, the court focused on the updates regarding the questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had earlier been granted the opportunity to submit interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi informed the court that the state received 23 questions but could not respond to some of them since Mr. Tikoduadua was not recognized as the appropriate authority in certain instances, while others were considered privileged information.
Mr. Sharma expressed his willingness to discuss the issues and reach a resolution before the next hearing, highlighting that addressing the questions would help clarify the reasons for the judicial review.
The relevance of the ouster clause in relation to the case is still pending, awaiting a ruling from the Supreme Court. While Ms. Solimailagi argued that the ouster clause might apply, Mr. Sharma countered this by referencing Section 16 (1) (c) of the 2013 Constitution, which allows for judicial review of any executive or administrative actions.
Justice Tuilevuka adjourned the matter, expressing anticipation for the state’s responses. The case is set to continue in Lautoka.