Heffernan Case Struck Out Again

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.

10 Responses to “Heffernan Case Struck Out Again”

  1. Wailei! Says:

    Hell, this is getting beyond ridiculous! These judges are no longer neutral, they have insulted the justice system!

    “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.”

    Of course she should ask for someone else who has not been tainted as a coup sympathiser!

  2. Mark Manning Says:

    it’s all been planned from years ago , as Rabuka said , it took him 7 years of planning before he did his coup !

  3. Mark Manning Says:

    I truly hope that the misery this regime has bestowed upon the people of Fiji , comes back at them , one hundred fold .

  4. natewaprince Says:

    Well two can play that game.I hope all those wrongly terminated by the bi-polar pig sue the pants off this illegal regime.These should be all former MPs’,govt CEO’s.,board members and chairmen,and those that were physically abused by the ghandu goons.Also the families of the 3 murdered men.

    Inundate them with lawsuits and wipe the smugness off their arrogant faces.

  5. Budhau Says:

    NP – the point the author was making was that the courts are stacked – so their ain’t a change for a anti-IG suit to go through – So you suggestion is somewhat silly.

    When they finally sue- they won’t be suing the pants off of the IG – they will be suing the government of the day – and you and I and all the taxpayers will be paying for any judgments that they will get.
    Just like when Dr Anirudh Singh who was tortured in 1987 by the soldiers, he sued and a few years ago, our government paid the damages awarded to him.

    If you inundate them with lawsuit now – the result would be no different than what is happening to Heffernan.

    BTW – the word is Gandu not Ghandu.

  6. FijiGirl Says:

    The good thing about this case is that it puts on record, indelibly on record, the fact that the judges appointed post-coup are illegal appointees, no matter how much Goundar and Pathik shake their ponytails about it.

    Recorded evidence like this will be veritable gold dust after this regime has fallen.

    God bless Fiji

  7. Peace Pipe Says:

    The stacking of the judiciary with ig sympathisers were all pre-planned before th coup. That is the one one main institution that has to be neutralised and made domicile towards the overtaking illegal authority the ig so that their asses could be saved. Because a genuine judiciary would rule everything against the ig since their are an illegal authority having acquire power by coup. This plan is now working in the favour of the ig as it is being played out before our very eyes.

  8. FijiGirl Says:

    When Musharraf tried to do this in Pakistan, the lawyers all went on strike, held public protests and attracted MAJOR attention from the world’s media.

    And Musharraf had no choice but to back down.
    http://www.iht.com/articles/reuters/2008/06/09/asia/OUKWD-UK-PAKISTAN-PROTEST.php

    How about it, Fiji Law Society?

    God bless Fiji

  9. Budhau Says:

    Yes FijiGirl – those lawyers in Pakistani lawyers tried to do something even when faced with a much more brutal regime. What have the lawyers in Fiji do – both the FLS and the indigenous lawyers group.
    Yeah, they did their part – didn’t they sign a petition to the President.

  10. natewaprince Says:

    Hmmmmmm…..

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