The Attorney-General’s office is required to respond by next Tuesday to inquiries from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi, as part of a case requesting a judicial review. This civil case was heard on Friday by Justice Anare Tuilevuka in the High Court in Suva.
Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi represented the state. The case arose from a judicial review application regarding a decision made by the High Court last year involving six individuals who were issued red notices.
During the court proceedings, attention was given to the questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had previously been granted permission to apply for interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi stated that the State had received 23 questions but was unable to answer some, as Mr. Tikoduadua was not the appropriate authority on a few questions, while others were considered privileged. Mr. Sharma indicated a willingness to negotiate a resolution before the next month’s hearing, emphasizing that addressing the questions would clarify the basis for the judicial review.
The relevance of the ouster clause to the case remains unresolved, with no ruling yet from the Supreme Court. While Ms. Solimailagi argued for the potential applicability of the ouster clause, Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative actions.
Justice Tuilevuka adjourned the matter, expressing anticipation for the state’s response. The case will proceed in Lautoka.