The Attorney-General has made an application to set aside Suva lawyer Richard Naidu’s conviction on contempt of court charges.
The matter was called yesterday before High Court judge Justice Daniel Goundar.
The new counsel for the A-G in the matter, Suva lawyer Feizal Haniff, said they had filed a notice of change of solicitors.
Mr Haniff made an application to set Mr Naidu’s conviction aside and dismiss the proceedings.
He said the application was being made on the consent of the defence.
He also said the judgment had not been perfected, or sealed.
“Unless and until an order has been sealed, or perfected, the court is not functus of the matter,” he said.
“When it’s not functus an application is able to be made to vary and to set aside the judgment.”
Mr Naidu’s lawyer, Jon Apted, said the defence supported the A-G’s application.
Mr Apted submitted that the proceedings were civil, governed by the High Court Rules of Civil Procedure, and under those rules until an order was perfected, the court may set it aside.
“The applicant, the A-G, has applied to set it aside. “We as the respondents consent and we humbly submit the court has jurisdiction to do so.”
Justice Goundar said he would go through the application and would call the matter again if he needed further submissions from the parties
. Justice Goundar gave the parties liberty to file further submissions until next Wednesday.
The matter will be called again on June 13.
