Suva High Court Judge Justice Daniel Goundar will deliver his ruling on the 14th of July on whether the contempt of court case against Suva lawyer Richard Naidu will continue or fresh proceedings will begin.
Naidu was found guilty in November last year by High Court Judge Justice Jude Nanayakkara for contempt scandalising the court.
Naidu 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 proceeding was brought against Naidu by the then Attorney General, Aiyaz Sayed-Khaiyum.
Naidu is represented by Jon Apted while Feizal Haniff is now representing the Attorney General.
The matter is before Justice Gounder as Justice Nanayakkara tendered in his resignation earlier this year.
Justice Gounder says he is seeking clarification if he still has jurisdiction to proceed with the substantive matter.
Apted says the issue is that the civil matter is partially heard and under normal civil procedure rules, when a new judge takes over a partly heard substantive matter, the judge only continues with the consent of the parties.
He says they are not objecting to any judge taking over the substantive matter. Apted says if the judge hears the application from the beginning, that would have the similar effect to set aside the ruling.
The lawyer says at that point, it is up to the Office of the Attorney General to discontinue the proceeding before the proceeding begins again.
Apted has clarified it is not an objection to Justice Gounder but it is about what procedure applies on the substantive application for committal.
He says the application to set aside the ruling is not an initiation of fresh proceedings but an interlocutory application within the existing one.
Apted further says if the judge rehears, it would be open at that stage to the applicant to discontinue and rehearing in fact would mean the ruling that found Naidu guilty is somehow gone as well.
Apted adds in criminal proceedings, Justice Gounder would have proceeded to sentencing but this is a civil matter and they are submitting that the normal civil procedure would apply.
