The Attorney-General’s office has until next Tuesday to answer inquiries from the lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi in a case that seeks judicial review.
This civil case was deliberated by Justice Anare Tuilevuka in the High Court in Suva on Friday. Lawyers Nilesh Prasad and Devanesh Sharma appeared on behalf of the plaintiffs, while Deputy State Solicitor Ofa Solimailagi represented the state.
The proceedings revolve around a judicial review application related to a High Court ruling last year that involved six individuals who were issued red notices.
During Friday’s court session, updates were provided concerning the list of questions that the Minister for Home Affairs and Immigration, Pio Tikoduadua, is required to address. The plaintiffs had previously been granted permission to file interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi informed the court that the State had received 23 questions but was unable to respond to some, as Mr. Tikoduadua was not considered the appropriate authority for certain inquiries, and others were deemed privileged.
Mr. Sharma expressed a willingness to engage in discussions to resolve outstanding issues before the next month’s hearing, highlighting that clarity on the questions would aid in the judicial review process.
The relevance of the ouster clause in this case is still under consideration, as the Supreme Court has not yet made a determination. Ms. Solimailagi argued the potential applicability of the ouster clause, while Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka adjourned the proceedings, expressing anticipation for the state’s responses. The case will resume in Lautoka.