The High Court in Lautoka has determined that Pio Tikoduadua, the Minister for Home Affairs and Immigration, cannot be compelled to undergo cross-examination in the ongoing case involving six members of Grace Road who are currently in detention.
On May 30, the legal representatives of Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee, Beomseop Shin, Jung Yong Kim, and Jinsook Yoon filed an application requesting that both the minister and the permanent secretary be directed to appear in court for cross-examination concerning their affidavits.
Justice Anare Tuilevuka explained that judicial review is not suited for settling factual disputes and is based on the understanding that Parliament, through legislation, delegates the responsibility of fact-finding to the executive. He highlighted the principle of separation of powers, noting that a court involved in judicial review is hesitant to assume the executive’s role in determining facts, emphasizing that it is not meant to act as an appeals body.
Justice Tuilevuka remarked that the request to cross-examine the minister suggested discrepancies between a letter dated August 31, 2023, and an affidavit from November 10, 2023. He advised that, given the reluctance to permit cross-examination in judicial review cases, the more suitable approach for the applicants would be to seek clarification through interrogatories.
Additionally, Justice Tuilevuka indicated that the lawyers for the detained Grace Road members could submit an application to procure the Taskforce Report which had recommended their arrest and deportation.