The Attorney-General’s office has until next Tuesday to answer questions posed by the attorneys representing plaintiffs Sung Jin Lee and Nam Suk Choi in a judicial review case. This civil matter 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 acted on behalf of the state. The case is associated with a judicial review application concerning a High Court decision that involved six individuals who were issued red notices last year.
During the proceedings on Friday, the focus was on updates regarding the list of questions that Home Affairs and Immigration Minister Pio Tikoduadua must respond to. The plaintiffs had previously been granted permission to apply for interrogatories after their request to cross-examine the minister was denied.
Ms. Solimailagi informed the court that the State had received 23 questions, but some could not be answered as Mr. Tikoduadua was not deemed the right authority for a few of them, while others were considered privileged information.
Mr. Sharma indicated a willingness to discuss and resolve these issues before the next hearing, emphasizing that clarification of the questions would assist in determining the grounds for the judicial review.
The importance of the ouster clause in this case remains unresolved, with the Supreme Court yet to make a decision on it. While Ms. Solimailagi argued in favor of the applicability of the ouster clause, 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 case and expressed anticipation for the state’s responses. The hearing will resume in Lautoka.