The Attorney-General’s office is required to respond by next Tuesday to inquiries from the legal representatives of plaintiffs Sung Jin Lee and Nam Suk Choi in a judicial review case. The proceedings were held on Friday before Justice Anare Tuilevuka in the High Court in Suva.
Lawyers Nilesh Prasad and Devanesh Sharma represented the plaintiffs, while Deputy State Solicitor Ofa Solimailagi acted for the state. The case arises from an application for judicial review concerning a High Court ruling last year involving six individuals who were issued red notices.
During Friday’s proceedings, the court addressed updates regarding the questions that Home Affairs and Immigration Minister Pio Tikoduadua is required to answer. The plaintiffs had been permitted to apply for interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi reported to the court that the state had received 23 questions but could not provide answers to some, as it was determined that Mr. Tikoduadua was not the proper authority for certain queries and that others were classified as privileged information.
Mr. Sharma expressed his readiness to engage in discussions to resolve the questions prior to the next month hearing, emphasizing that doing so would elucidate the grounds for the judicial review.
The relevance of the ouster clause to the case remains undecided, pending a ruling from the Supreme Court. Ms. Solimailagi contended that the ouster clause might be applicable, while Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka postponed the matter, indicating he anticipated the state’s responses. The case will resume in Lautoka.