Court

Richard Naidu takes plea, claims duress

September 8, 2022 4:52 pm

Suva lawyer Richard Naidu has pleaded not guilty to the committal proceedings initiated by Attorney-General Aiyaz-Sayed-Khaiyum.

However, he took his plea through his lawyer, Jon Apted who said they are taking the plea under protest and have some reservations.

The committal proceedings stem from a post on his Facebook page in which he allegedly made comments about the judiciary following a case in February.

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Following the plea, Apted informed the court that they would seek to leave to appeal the two decisions denied by the Civil High Court last week.

This includes the decision to set aside the ex-parte order in relation to committal proceedings brought by Attorney-General Aiyaz Sayed-Khaiyum and to call him for cross-examination.

Meanwhile, the Fiji Law Society who wants to intervene in this proceeding as a third party also filed written submission seeking leave of the court to grant their application to allow their Queens Counsel to appear via video link.

Romanu Vanalagi said that the Queens Counsel is independent who has been engaged to assist the Fiji Law Society independently.

He also said they don’t have enough funds to get the QC and pay for the expenses adding that there were several applications to be taken care of.

He also said that the Funds which previously were given to the Fiji Law Society have been diverted to the Judiciary and their application is taken care of under the electronic recording of the court proceedings.

However, Attorney Generals lawyer Gul Fatima argued that the court expects the QC to appear physically saying that under very exceptional circumstances will the court deviate the proceedings to the video link.

The Court also heard that FLS had filed its Summons seeking joiner on 19 July and after 44 days filed a Motion for its QC to conduct the Hearing via video link.

The AGs counsel argued that the FLS had in its Summons only asked to be joined to conduct the Hearing in the substantive matter.

However, the Motion, it is stating that it does not have the funds for each of its QCs appearances in Fiji as there are several applications before the Court.

Fatima argued that this was a clear deviation from the Summons which originally only sought to have FLS argue in the substantive committal hearing, in the event they were joined.

The AGs counsel also argued that the FLS in seeking to be independent and for that reason wishing to have a QC come from overseas is not answering the basic question.

She submitted that FLS should disclose whether all lawyers in Fiji are members of FLS and whether in appearing to be independent, only a QC can conduct the hearing on behalf of FLS, and no local counsel who is not a member of FLS.

Fatima also said that the financial woes of the Fiji Law Society were not the Court’s problem and that they can get a local counsel.

In response, Vanalagi again asked the court to allow their application as this has already been paid for under the funds diverted to the judiciary and they are just asking to utilize it.

Richard Naidu’s lawyer, Jon Apted also agreed with Vanalagi.

The Civil High Court will rule on this application next Thursday.

National Federation Party Leader Biman Prasad, General Secretary Seini Nabou, party volunteer Ranjit Raju, Activist Shamima Ali, lawyer Filimoni Vosarogo, and Fiji Law Society President Wylie Clark and member Laurel Vaurasi were also present in court today.