The State has discovered three previously undisclosed documents that may be significant to the ongoing Supreme Court reference on the 2013 Constitution.
Deputy Solicitor-General Eliesa Tuiloma told the Supreme Court the documents appear to relate to the public consultation process that took place before the Constitution was adopted.
“We would like to bring the attention of the Court to some of the documents that we have found in opposition, that we feel are very important and relevant to this case,” he said.
Mr Tuiloma said the documents were found during a search of internal State records and were not believed to be in the public domain.
He also said the State could not confirm whether they were official documents, unlike the other materials previously disclosed in its Statement of Constitutional Facts.
“In relation to the Statement of Constitutional Facts, we have in opposition three documents that also were referenced in the Statement of Facts, and therefore we feel they have to be disclosed to this Court at this stage.”
He said the documents raise constitutional questions and include: the Submissions relating to consultations on the 2013 Constitution, a table compiling those submissions, and “The Yash Ghai” consultation draft constitution.
“As we have also prepared ready an affidavit to be filed in court today pursuant to the leave being granted.
“We would also like to serve all these documents to all parties if we are given the leave to do so.”
