Lawyer Jon Apted yesterday entered a plea of not guilty for Richard Naidu in the contempt of court proceedings against him in the High Court in Suva.
The matter was called before Justice Jude Nanayakkara for Mr Naidu to enter a plea and to hear an application from the Fiji Law Society (FLS) to allow its overseas Queen’s Counsel to make submissions by video-link on its joinder application in the proceedings.
Mr Apted entered the plea “under protest and with full reservation of rights”.
When Justice Nanayakkara asked if a hearing date could be set Mr Apted said it would be premature as the Fiji Law Society’s application to join the proceedings had yet to be decided and Mr Naidu might apply to cross-examine people giving evidence on behalf of the Attorney-General.
Mr Apted said that Mr Naidu would also be seeking leave to appeal against the decisions of the court last week refusing Mr Naidu’s application to set aside the proceedings and any necessary stay of proceedings.
The A-G’s lawyer, Gul Fatima, said any application for cross-examination or any other matter could be dealt with on the day of the substantive hearing but Justice Nanayakkara said this would need to be applied for formally. Ms Fatima said there was nothing stopping the parties from locking in a date for the substantive hearing.
Mr Apted said Mr Naidu had indicated from the beginning of the proceedings that he intended to be represented by a Queen’s Counsel (QC) who would not be available until November, but Justice Nanayakkara said this timetable was too long.
Mr Apted expressed “puzzlement” at the “rush” when there was only a month between the dates proposed by Ms Fatima and those he had proposed.
Mr Apted said it would be premature to set a date for the substantive matter when the court was yet to rule on the FLS’s participation in the case.
Representing the Fiji Law Society (FLS) Romana Vananalagi, making his submission on the FLS’s motion to allow a New Zealand-based QC to appear via video link for the FLS in the proceedings, said the FLS could not afford the costs associated with having a QC appear in person.
The costs include flights to and from Fiji for the court dates, accommodation and meals, and of course fees.
Mr Vananalagi said FLS wanted to use the facilities already available in the Fijian courts to allow the FLS to be represented in the proceedings by a counsel who would be independent.
Ms Fatima said whether the FLS could or could not afford a QC was not the concern of the court.
The matter will be called again next Thursday when Justice Nanayakkara will deliver a ruling on the FLS’s application.
Mr Naidu was represented yesterday by Mr Apted, Laurel Vaurasi and Filimoni Vosarogo.
