Richard Naidu

The Court of Appeal has rejected all but one issue placed before it in respect of the applications filed by Suva Lawyer Richard Naidu in relation to the committal proceedings against him.

Naidu’s lawyer Jon Apted had filed these applications seeking leave to appeal following two decisions by the Suva High Court.

These decisions were in relation to Naidu’s applications seeking orders to set aside the ex parte order to launch committal proceedings, to conduct an oral hearing on the application to set aside and to cross-examine the Attorney-General.

The committal proceedings against Naidu are in relation to a post that appeared on his Facebook page, in which he allegedly made comments about the judiciary after a case.

The matter was called for hearing in the Court of Appeal on Monday where Naidu’s lawyer Jon Apted had argued 40 grounds of appeal.

In the Ruling delivered today by Appeals Court Judge Justice Dr Alemeida Guneratne, he stated that for the purposes of the ruling he had classified Apted’s grounds as principal issues and adjunct issues.

He granted leave to appeal on only one adjunct issue, and refused the stay of proceedings before the High Court.

Naidu’s lawyer had argued that his client’s right to retain a lawyer of his choice to appear for him was denied in the High Court.

He had also said that his client’s right to remain silent combined with the presumption of innocence was affected.

Apted had submitted that his client was entitled to a favorable order from the court by subjecting the A-G to cross-examination.

In response, the Attorney General’s lawyer Gul Fatima submitted that the Naidu was seeking to avoid committal proceedings initiated by the Attorney General, and which proceedings were in the interest of the majesty of the court, and in which regard the committal proceedings must be allowed.

In his ruling today, Appeals Court Judge Justice Alemeida Guneratne stated that the committal proceedings are still on foot and it is still open to the Naidu to defend the committal proceedings.

Justice Guneratne also said that should the A-G opt not to take the witness stand, his allegation of contempt would stand or fall in evidence led (oral and affidavit) through other witnesses, but all that must await the proper trial on the committal proceedings.

He said that he was inclined to grant the leave to appeal only on one adjunct issue relating to Order 52 of the High Court Rules.

The Appeals Court Judge also said that the committal proceedings are pending before a court of competent jurisdiction and could not see any basis to grant stay against such a court from exercising its jurisdiction.

The Judge, while refusing the stay, said that the applicant himself says the committal proceedings are on the basis of an alleged contempt.

Justice Guneratne also said the matter is listed for trial, and it is only after the conclusion of the trial, that should the High Court find the alleged contempt has been proved, will the applicant’s reputation and interests be affected.

The Appeals Court judge said that there is no legal basis or reason in law to grant a stay of the High Court proceedings.

The hearing in the substantive committal proceedings is scheduled to commence tomorrow at 9:30am.