The Attorney-General’s office must provide a response by next Tuesday to inquiries from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi in an ongoing judicial review case. The civil case was heard by Justice Anare Tuilevuka at 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 originates from a judicial review application regarding a High Court ruling concerning six individuals who were issued red notices last year.
During Friday’s court session, updates were reviewed regarding the list of questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had been given permission to request interrogatories after their previous attempt to cross-examine Mr. Tikoduadua was rejected.
Ms. Solimailagi informed the court that the State had received 23 questions; however, some could not be addressed because Mr. Tikoduadua was not seen as the appropriate authority for a few questions, while others were classified as privileged information.
Mr. Sharma expressed his readiness to discuss the issues to reach a resolution before the next hearing, emphasizing that clarifying the questions would aid in understanding the basis for the judicial review.
The relevance of the ouster clause in this case is still uncertain, as the Supreme Court has yet to rule on the matter. Ms. Solimailagi contended that the ouster clause may apply, while Mr. Sharma referenced Section 16(1)(c) of the 2013 Constitution, which permits judicial reviews of any executive or administrative actions.
Justice Tuilevuka adjourned the matter, expressing anticipation for the state’s responses. The case is set to resume in Lautoka.