Israel charter saga: ‘Name and shame them’

The lawyer for charterer Michael Mausio, who arranged the Israel flight for a Christian festival in 2023, is likely to name all passengers who have yet to pay their full airfare in an amended defence statement. 

This will also include those in Government. 

At the High Court in Suva yesterday before Acting Master Liyanage Kashyapa Wickramasekera, Mr Mausio’s lawyer, Adrienne Ali, firmly told the court that the application for summary judgment by Air Pacific (now Fiji Airways) was defective, and they were ready to fight the case. 

She also told the court that they intended to amend the defence statement previously filed by her client’s former lawyer. 

Plaintiff claim 

The case stems from 2023, when some pilgrims who travelled to Israel for the Feast of the Tabernacle failed to pay their airfares in full. 

The charter group, made up of about 255 pilgrims, was stranded in Israel during the Hamas attack on October 7, 2023, prompting Government to use the same flight as a repatriation service.

The plaintiffs’ summary judgment application argued that all defendants named in the civil suit had no reasonable grounds to contest the case. They sought orders for payment of $3,163,013.70, plus interest and costs.

Fiji Airways is taking: 

• WABS Pacific PTR Limited, 
• Kane Holdings PTE LTD, 
• International Christian Embassy Jerusalem trustees including the late Viliame Gonelevu and late Reverend Aisake Kunanitu, Ana Soqeta, S Tawakevou and Mikaele Mudreilagi 
• Christian Mission Fellowship International, Senior pastor of Manasa Kolivuso and 
• Director, Michael Martin Mausio to court. 

International Christian Embassy Jerusalem (ICEJ) Trustees 

Yesterday’s proceedings grew tense when the trustee’s lawyer, Aca Rayawa, told the court that his clients were never part of the arrangement, nor were they on the charter flight to Israel.

He questioned the plaintiffs on how they had “allowed the airplane to leave the country without sorting out important details of this arrangement.”

He told the court that if Fiji Airways had carried out due diligence in scrutinising the agreement’s signatories, it would have discovered that Mudreilagi, who signed on behalf of the trustees, was never a trustee; Gonelevu and Reverend Kunanitu had died while Soqeta and Tawakevou were neither part of the discussions nor passengers on the charter.

Mr Rayawa has filed a strike-out application seeking the removal of the third defendant from the suit, arguing they had no affiliation with the case.

Fiji Airways lawyer, Nilesh Prasad, told the court that their records indicated the trustees were among the agreement’s signatories.

In response, Mr Rayawa stood up and pointed at Mr Prasad, telling the court it was the lawyer’s duty to investigate such details before allowing an agreement to be signed and sealed. 

Charterer argument 

(1, 2 & 5th Defendant) 

Ms Ali told the court she had been unable to advise her clients on the case because she did not have access to any files or documents.

She said Mr Rayawa, who previously had carriage of the case, had withdrawn as solicitor but had not served any notice to their clients.

She also told the court that the High Court Civil Registry was unable to assist her last Friday. It was later revealed that the file had been with the Chief Registrar, Tomasi Bainivalu, for final signing.

The court apologised for the delay, noting it was unsatisfactory for the file to be held that long at the Office of the Chief Registrar.

Mr Rayawa told the court the hold-up may have been due to another ongoing investigation.

Ms Ali told the court the matter needed to progress, and that it had become public and politically affiliated.

In response, Mr Prasad said the case was solely before the court and should be treated as such.

Ms Ali also acknowledged that her clients, who were previously under Mr Rayawa’s legal care, had been ordered to pay $1000 and later $2000 for non-compliance with court orders.

She has until Friday to settle the court order before being granted time to make submissions and amend the statement of defence to the plaintiff’s application.

All defendants must file their affidavits in response by September 23, after which Fiji Airways will have seven days to reply.

The case has been adjourned to October 16.