A-G's Office Given Deadline For Response

The Attorney-General’s office has until next Tuesday to respond to questions from lawyers representing plaintiffs Sung Jin Lee and Nam Suk Choi, in a case seeking a judicial review.

The civil matter was heard before 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 case stems from a judicial review application related to a High Court decision involving six individuals issued with red notices last year.

The court proceedings on Friday focused on updates regarding the list of questions that Home Affairs and Immigration Minister, Pio Tikoduadua, must answer. Previously, the plaintiffs were granted leave to apply for interrogatories after their request to cross-examine Mr Tikoduadua was denied.

Attorney-General’s office Deputy State Solicitor, Ofa Solimailagi. Photo: Beranadeta Nagatalevu

Ms Solimailagi informed the court that the State had received 23 questions, but they could not answer some, as Mr Tikoduadua was not deemed the appropriate authority for a few, while others were considered privileged.

Mr Sharma expressed willingness to discuss and resolve the issue before the hearing next month, stressing that resolving the questions would clarify the grounds for the judicial review.

The ouster clause’s relevance to the case remains undecided, with the Supreme Court yet to make a ruling on the matter. While Ms Solimailagi argued that the ouster clause could apply, Mr Sharma countered by citing Section 16 (1) (c) of the 2013 Constitution, which allows for judicial review of any executive or administrative action.

Justice Tuilevuka adjourned the matter, stating that he looked forward to the state’s responses.

The case will continue in Lautoka.

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