Wednesday, January 16, 2008

Fatiaki's case on this afternoon

Tuesday, January 15, 2008

Update: 1.59pm THE hearing for suspended Chief Justice Daniel Fatiaki's constitutional redress case for leave to add three more names as defendants will be called within the next hour.

The matter was before Justice Davendra Pathik this morning where Fatiaki's lawyer, Jon Apted said he was ready to proceed with their application.

Adish Narayan, who represents 12 of the 15 defendants in the case, said they have made a new application to strike out the case and wanted to have the matter heard before the plaintiff's application.

But Mr Apted said the urgency of the matter was that the tribunal would sit next month and they wanted to have the application heard as quickly as possible.

He said they were not able to stop the hearing of the tribunal unless the court orders an injunction.

Mr Apted said it was only possible if the leave for amendment application was allowed. He said they will then, be able to file for an injunction to stop the hearing of the three-member tribunal (formed to investigate Mr Fatiaki).

In November, Justice Robert James Ellicott, a judge of the Australian Federal Court was announced as chair of the tribunal while former Hong Kong judge Justice Raymond Sears and Tan Sri Datuk Dr Lal Chand Vohrah of the Malaysian High Court as members.

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