The Attorney-General’s office has until next Tuesday to address inquiries from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi in a case aimed at seeking a judicial review.
This civil matter was heard by Justice Anare Tuilevuka in the High Court in Suva on Friday. Plaintiffs were represented by lawyers Nilesh Prasad and Devanesh Sharma, while the Deputy State Solicitor, Ofa Solimailagi, stood for the state.
The case arises from a judicial review application pertaining to a High Court ruling last year concerning six individuals who were issued red notices. The focus of Friday’s court proceedings was to discuss updates regarding the questions that Home Affairs and Immigration Minister Pio Tikoduadua needs to address. The plaintiffs had previously been given permission to seek interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Solimailagi informed the court that the State received 23 questions, but some could not be answered as Mr. Tikoduadua was not regarded as the appropriate authority for certain queries, while others were deemed privileged information.
Mr. Sharma expressed a willingness to engage in discussions to resolve the issues ahead of the next month’s hearing, emphasizing that providing responses to the questions would help clarify the basis for the judicial review.
The question of the ouster clause’s applicability to the case remains unresolved, pending a ruling from the Supreme Court. While Solimailagi argued that the ouster clause might apply, Sharma cited Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka adjourned the proceedings, indicating he awaited the state’s responses. The case is set to continue in Lautoka.