Richard Naidu's conviction not to be recorded and charge of contempt dismissed

Suva lawyer, Richard Naidu is a free man today as the Suva High Court will not be recording a conviction against him.

High Court Judge Justice Daniel Goundar ruled that the charge of contempt scandalising the court against Naidu is dismissed.

He says summons to set aside the judgement that found Naidu guilty in November last year is by consent and is dismissed as he does not have the jurisdiction.

Justice Gounder has ordered the parties to bear their own costs.

While delivering his judgement, Justice Gounder further says while mitigation and sentencing were pending, a new government came into power and a new Attorney General was appointed.

He says after the change of government, Justice Jude Nanayakkara who was previously presiding over the case had resigned from his post as a judge and left the jurisdiction without concluding the proceedings.

Justice Gounder says the new Attorney General, Siromi Turaga has taken a different position regarding the proceedings, which he has expressed in an affidavit filed in support of the summons to dismiss the proceedings.

Turaga states that he is of the view that these proceedings should never have been instituted against Naidu in the first place.

In the affidavit, Turaga says as a result, he has conveyed to Naidu that he is of the view that the decision of 22nd November, 2022 ought to be set aside and the proceedings dismissed.

He adds for his part, Naidu has confirmed to him that he will not seek to recover any of the costs he has incurred in defending the proceedings.

Justice Gounder says the Attorney General plays an important function as the guardian of public interest in contempt proceedings which allege conduct scandalising the court.

He says the position of the Attorney General has shifted and he is not seeking an order of committal against Naidu.

The judge says Turaga does not support the findings that Naidu is guilty of contempt scandalising the court.

He says it has not been suggested that the present Attorney General is acting unfairly as the representative of public interest in consenting to an order setting aside the judgement.

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 representing the Attorney General.