King’s Counsel Martin Daubney has made submissions in prominent lawyer Richard Naidu’s case where they are appealing against the High Court’s decision against setting aside the ex-parte order in relation to committal proceedings against Naidu and to not let Naidu’s counsel to cross examine the Attorney General, Aiyaz Sayed-Khaiyum.
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.
While making submissions, Daubney says the court has made fundamental errors on what transpired on the 26th of July.
He says on the 26th of July, the matter was listed on the cause list for mention and the parties came to court in full expectation that it was for mention.
He says according to the transcript for the proceedings on the 26th of July, the Judge, Justice Jude Nanayakkara had said he would prefer to first deal with the setting aside application.
He says Jon Apted who is Naidu’s other lawyer moved the application however, the Judge understood it as his submissions while, the Attorney General’s lawyer, Gul Fatima had only given her preliminary objection.
Daubney says Justice Nanayakkara had said Apted’s submissions were noted while Apted rose to express their desire to cross-examine the Attorney General.
He says Apted then persisted to have his summons heard but the response was that he should have filed an application to have his summons heard and to cross-examine the Attorney General.
The King’s Counsel says the impression conveyed by the Judge inaccurately represent what actually occurred in court and the effect of the misapprehension led to the denial of Naidu’s fundamental rights and one of them is right to be heard on his submissions.
He adds Naidu has constitutional rights to an oral hearing and to seek to cross-examine the Attorney General.
The hearing continues.
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