Suva High Court Judge Jude Nanayakkara will deliver his ruling on the 28th of this month in the matter where Richard Naidu's lawyer has made an application to cross-examine Attorney General Aiyaz Sayed-Khaiyum during the substantial hearing in Naidu's committal proceedings case.
Naidu allegedly posted on his Facebook page a picture of a judgement in a case represented by his associate that had the word 'injunction' misspelt, and then made some comments that he was pretty sure the applicant wanted an injunction.
The committal proceedings has been brought against Naidu by the Attorney General.
While making submissions, Naidu's lawyer, Jon Apted says Sayed-Khaiyum's evidence cannot be relied upon if the respondent has not been allowed to challenge it.
He says their basis for the application is the Constitution of Fiji and no limitations can arise to limit the right to a fair trial of an accused person.
Apted says the right to challenge evidence is regarded as an aspect to the right of a fair trial.
He further says the court has the power to make an order they seek and the court can compel the Attorney General to be cross-examined and failure on his part will put him in contempt of court.
Apted says Naidu is not guilty and the post was a light hearted quib while the applicant’s sole purpose is to harass and embarrass Naidu.
The lawyer says the affidavit by Sayed-Khaiyum is the applicant’s only evidence and is open to challenge.
He adds Naidu's liberty is at stake, his livelihood is at stake, his family life, his hard earned reputation over his 60 long years of hard work is at stake.
In response, the Attorney General's lawyer, Gul Fatima asks what will they achieve from cross-examining the Attorney General when he has provided an affidavit.
She says they had an opportunity to respond in an affidavit but they did not do so.
Fatima says Naidu appears to be personalising the matter and there is nothing in this proceedings that says the applicant has brought them in his personal capacity.
She also says Naidu does not have the right to compel anyone to give evidence but he has the right to bring evidence and witnesses.
Fatima says not once is the respondent concerned about the gravity of the allegation and they are downplaying the allegation and focusing on everything else.
She adds the court has to decide whether the post is contemptuous or not.
Fatima says there is nothing in the affidavit that is ambiguous.
Meanwhile, the hearing on the committal proceedings will take place on the 10th and 11th of November.
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