Kings Counsel Martin Daubney says Suva lawyer Richard Naidu still has his constitutional rights.
The Kings Counsel was making an application seeking leave to appeal the decisions of the High Court to the Fiji Court of Appeal, concerning the respondent’s summons seeking to set aside the ex-parte order and summons seeking oral hearing, cross-examination, and related orders.
The respondent is also seeking a stay in the High Court proceedings.
These decisions were delivered on September 1 and September 2, respectively.
The committal proceedings against Naidu are in relation to a post that appeared on his Facebook page in February, in which he allegedly made comments about the judiciary after a case.
Daubney told the court that the Attorney-General Aiyaz Sayed-Khaiyum, who is the complainant in this case, failed to inform the court about his autonomy against Naidu.
He says the complainant is a senior member of the executive government, seeking to invoke the High Courts’ criminal proceedings.
He says this is not a summary case but a case of contempt.
Daubney says the defense needs to argue the judgments that was made and they are seeking to advance with it.
The hearing for this matter will continue this afternoon in the High Court.