The Suva High Court today refused an application filed by lawyer Dor Sami Naidu to stop Justice Daniel Goundar from presiding over Pacific Centre for Public Integrity (PCPI) director Angie Heffernan’s case.
Naidu, who was represented by Tupou Dranidalo, made applications on the basis that Justice Goundar was appointed after suspended Chief Justice Daniel Fatiaki was removed from his office.
Dranidalo told the court that Justice Goundar’s appointment is illegal and they would not prefer their case to be heard by any other judges who were appointed after the removal of Justice Fatiaki.
State lawyer Adish Narayan strongly opposed this saying Naidu has wasted a lot of time in filing the issue and it should be done in the Court of Appeal and not in the High Court.
Justice Goundar, before delivering his ruling, asked Dranidalo where would they go with their cases if the left over judges refused to preside over their case. He ruled that the application to recluse him is struck out.
Following that, lawyers representing the state made applications that the case be struck out and state to be awarded indemnity costs.
Judge Goundar also struck out part of Heffernan’s substantive claims where she was also seeking to dismiss judge Justice Davendra Pathik from presiding over her case on similar grounds.
Justice Goundar will deliver his ruling on the application to strike out the case and the indemnity costs on notice.
Meanwhile, the state earlier filed for $130,000 in indemnity costs against Heffernan in a separate court proceeding and the state is expected to seek similar in damages in this matter as well.
This is straight out of the Singapore experience where you stack the courts with judges who sypathise with you and then ensure that they rule in your favour and impose hefty financial losses on your opponents. That was how they destroy all opponents in Singapore and and neutralise Trade Unions who oppose Lee Kwan Yu.
Next it will Qarase, Parmod Rae and others. You watch it.