The Attorney-General’s office is required to respond by next Tuesday to inquiries from attorneys representing plaintiffs Sung Jin Lee and Nam Suk Choi in a judicial review case. The civil matter was presented 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 acted on behalf of the state. This case revolves around a judicial review application concerning a High Court decision related to six individuals who received red notices last year.
The court session on Friday centered on updates regarding the questions that Home Affairs and Immigration Minister, Pio Tikoduadua, is required to address. The plaintiffs had previously received permission to apply for interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi informed the court that the State had received 23 questions, but some could not be answered as Mr. Tikoduadua was not considered the appropriate authority for certain inquiries, while others were viewed as privileged.
Mr. Sharma expressed his readiness to negotiate and resolve these issues before the next hearing, emphasizing that addressing the questions would help clarify the basis for the judicial review.
The relevance of the ouster clause in this case remains undetermined, pending a decision from the Supreme Court. While Ms. Solimailagi argued for its applicability, Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka postponed the proceedings, expressing anticipation for the state’s forthcoming responses. The case will proceed in Lautoka.