Suva lawyer Filimoni Vosarogo yesterday made an application for High Court judge Justice Dr Thushara Kumarage to be recused from Opposition MP Ratu Suliano Matanitobua’s upcoming trial.
The matter was called for mention in the Anti-Corruption Division of the High Court in Suva before judge Justice Kumarage yesterday.
The application was filed and served on Tuesday, with a supporting affidavit sworn by Ratu Suliano.
Mr Vosarogo made the application on the grounds of “apparent or ostensible bias” by reason of pre-judgment of offending, witnesses and issues.
The notice stated the perception of fair trial, required under the Constitution, was not possible due to judge Justice Kumarage having dealt with the Niko Nawaikula trial.
Mr Vosarogo also asked that the case be remitted to the Chief Justice or allocating judge of the Criminal Division of the High Court for determination of the trial issues and the trial.
He said it was not an easy application to make and was even harder to present.
“It is not to be misunderstood with any insinuation, or any faith in the court or the lack thereof,” he said.
“It is not also to be misunderstood with any aspect of faith in the justice system or in the administration of justice.”
He said there were precedents already set for this sort of application to protect the interests of justice.
Fiji Independent Commission Against Corruption (FICAC) commissioner Rashmi Aslam told the court FICAC would be opposing the application and would file an affidavit by yesterday afternoon.
Mr Vosarogo is to reply to the FICAC affidavit by the close of business today and the parties will present their submission in court on Friday when the matter is called for hearing.
