Former SODELPA MP Ratu Isoa Tikoca has filed an application in the Suva High Court to set aside the interlocutory judgement where Tikoca was ordered to pay Attorney General, Aiyaz Sayed-Khaiyum $80,000 as total damages within 30 days.
Tikoca had defamed Sayed-Khaiyum.
High Court Judge, Justice Vishwa Datt Sharma had also ordered Tikoca to render in writing a public retraction and apology to Sayed-Khaiyum which also has to be published in the newspapers.
Tikoca was also ordered to pay $5,000 to Sayed-Khaiyum as costs.
Tikoca through his lawyer, Ratu Isoa Tikoca Junior told the court today that they were not issued a writ of summons regarding damages resulting from the defamation.
Justice Sharma then said the onus was on Ratu Isoa to come to court and counter the assessment of damages but he did not do that.
Justice Sharma adds the writ was served but no action was taken by the defendant and in absence of that, an assessment on the damages was delivered by the court.
Tikoca Junior also told the court that his client has been in Australia since 2019.
Sayed-Khaiyum's lawyer, Devanesh Sharma told the court that they are opposing the application by Tikoca.
Justice Sharma has ordered Tikoca to file a response in 21 days.
He says both parties can file further responses by 5th November.
In 2018, Tikoca intentionally or recklessly slandered Sayed-Khaiyum in an interview with a Sydney Community Radio Station where he spoke in the i taukei language and made statements without due regard to the truth or veracity of its contents.
Tikoca had said that contractual arrangements have been implemented for civil servants from three months to five years and within five years, the amount of civil servants being replaced will amount to 2,550 people.
He said that these people are the ones that stand in the way of Sayed-Khaiyum.
Tikoca had further falsely said this is the devious scheme that Sayed-Khaiyum is masterminding without Bainimarama having a clue whatsoever.
The matter has been adjourned to the 8th of November.
