Three of the five defendants involved in the contentious $3 million Fiji Airways Jerusalem charter case have shown ongoing non-compliance with court directives, despite multiple orders from the High Court in Suva. Acting Master of the High Court, Liyanage Kashyapa Wickramasekara, expressed severe dissatisfaction with the defendants’ justifications for their lack of compliance, labeling them as unacceptable, unjust, and dishonest.
In his remarks, Wickramasekara pointed out that the defendants appeared to be using a strategy of changing their legal counsel right before court mentions as a tactic to create delays. He emphasized, “Orders of the court are made to be complied with and not to be abused to the advantage of a party to create unacceptable delay.”
The parties identified as non-compliant are WABS Pacific Pte Ltd, Kane Holding Pte Ltd, and Michael Martin Enele Sturtin Mausio, who had chartered a flight to Israel on an October 2023 pilgrimage. They are now represented by an attorney named Vishal Anand. The other two defendants remain the trustees of the International Christian Embassy Jerusalem and senior pastor Manasa Tuqani Kolivuso, who have complied with court orders and are being represented by their respective lawyers.
Fiji Airways, through counsel Nilesh Prasad, has initiated civil proceedings against all five defendants seeking recovery of $3,163,013.70, along with associated interest and costs. The court proceedings revealed that the three non-compliant defendants had yet to file a necessary response to the airline’s summons for summary judgment and had failed to pay previously awarded court costs, even after being granted several adjournments.
Additionally, it was highlighted in the court that Mausio had issued a $2,000 cheque for costs last month, which was later returned due to insufficient funds—an action that raised further concerns about the defendants’ financial reliability. In response, Anand stated he was unaware of his clients’ previous non-compliance as he had only recently taken over the case, citing the prior attorney’s personal commitments abroad.
After considering both sides, Acting Master Wickramasekara concluded that the request for an additional adjournment was unwarranted and dismissed the pleadings of the three defendants, ordering them to pay costs totaling $6,000. Meanwhile, the remaining two defendants along with the plaintiff have been directed to submit legal documents by November 7, with the next court date set for December 11.
This case has gained attention following its ties to the recent charter flight carrying 255 pilgrims to Israel for the Feast of the Tabernacles, returning amidst the chaos following Hamas’s coordinated attacks on October 7. The next hearings will be crucial as all parties seek to resolve the ongoing legal disputes while navigating the complexities of compliance and obligations as ordered by the High Court.
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