The Attorney-General’s office is required to reply by next Tuesday to inquiries from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi in a judicial review case. This civil action was heard 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 appeared for the state. The case involves an application for judicial review regarding a High Court ruling from last year involving six individuals who were issued red notices.
During Friday’s court proceedings, the focus was on updates concerning a list of questions that Minister for Home Affairs and Immigration, Pio Tikoduadua, must address. The plaintiffs were previously granted permission to seek interrogatories after their request to cross-examine the Minister was rejected.
Ms. Solimailagi informed the court that the State had received 23 questions, but some could not be answered because Mr. Tikoduadua was not considered the appropriate authority for certain questions, while others were viewed as privileged.
Mr. Sharma indicated his willingness to discuss and resolve the issues prior to the next month’s hearing, emphasizing that clarifying the questions would aid the judicial review process. The applicability of the ouster clause in this case remains undetermined, with the Supreme Court yet to issue a decision. While Ms. Solimailagi argued for the clause’s applicability, Mr. Sharma referred to Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka adjourned the matter, expressing anticipation for the state’s responses. The case is set to continue in Lautoka.