Grace Road Group President Denied Release

Grace Road Group’s president Daniel Kim and co-accused Sun Jin Lee have been denied release from the Immigration Detention, Judge Justice Anare Tuilevuka ruled yesterday.

The ruling was delivered at the High Court in Lautoka.

The pair were represented by Ronald Gordon, while Josefa Mainavolau of the Office of the Attorney-General represented the Minister of Home Affairs and Immigration and the Permanent Secretary.

The grounds for applicants’ affidavit were:

•  Kim was arrested by police officers on September 7, 2023 and Lee on October 5, 2023 without the production of removal or detention orders;
•  It was claimed that Justice Lyone Seneviratne did not hear Kim’s Habeas Corpus application as it was not in his jurisdiction;
•  An interim order made on September 17, 2023 preventing the Department of Immigration from removing the duo until the determination of their constitutional redress matter;
•  The court heard the other grounds were the accused posed no risk to public security;
•  Kim was willing to pay his security costs if released;
•  Kim was being kept in a prison facility and being treated like a prisoner while in detention;
•  Kim would agree to the necessary conditions decided by the court and for him to be granted approval to travel to Vanuatu where he was a citizen instead of being deported to South Korea.

Daniel Kim at Lautoka High Court. Photo: Mereleki Nai

“On whether or not Kim and Lee should be released the constitutional issues raised are best left to Seneviratne J to consider in the constitutional redress application pending before him I must decline the application,” Justice Tuilevuka said.

“Costs in favour of the respondents which I summarily assess at $1,500,” Justice Tuilevuka said.

The case was adjourned to April 22 for hearing for a separate application appealing a ruling made by Justice Tuilevuka on January 19.

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