The Attorney-General’s office is required to respond to inquiries from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi by next Tuesday, as part of a judicial review case. This civil matter was addressed by 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. The case involves an application for judicial review concerning a High Court ruling that involved six individuals who received red notices last year.
During the proceedings, attention was given to the questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had previously been allowed to seek interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi reported that the State had received 23 questions but was unable to answer some, as Mr. Tikoduadua was not considered the appropriate authority for a few inquiries, and others were deemed privileged.
Mr. Sharma expressed a willingness to engage in discussions to resolve these issues before the next hearing set for next month, emphasizing that addressing the questions would help clarify the basis for the judicial review.
The relevance of the ouster clause to the case is still unresolved, with the Supreme Court yet to make a decision on it. Ms. Solimailagi argued that the ouster clause may be applicable, while Mr. Sharma referred to Section 16 (1)(c) of the 2013 Constitution, which permits judicial review of any executive or administrative actions.
Justice Tuilevuka adjourned the hearing, expressing anticipation for the state’s responses. The case will proceed in Lautoka.