The application for leave to appeal the conviction and sentence by former SODELPA MP and lawyer Niko Nawaikula has been moved to next Monday.
Nawaikula appeared before resident Justice of Appeal Isikeli Mataitoga this morning.
Justice Mataitoga asked Nawaikula if the constitutional redress he had applied in the High Court was of the same issues as that of his appeal, and Nawaikula told the court that the facts of the case are the same but different actions were taken.
He says in the High Court, it is redress for a breach of the constitutional right for his trial, and in the Appeal Court, the ground for appeal is bias.
Justice Mataitoga also told both counsels that he feels he should not hear this case until the High Court matter is determined.
A production order has also been issued for Nawaikula and former SODELPA MP, Ratu Suliano Matanitobua.
Ratu Suliano's case was also called today, but he was not present.
Nawaikula and Ratu Suliano were convicted and sentenced on a charge each of giving false information to a public servant and obtaining financial advantage last year and they are appealing the conviction and sentence.
The case will be called again next Monday for mention.
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