Naidu’s Contempt of Court Hearing Begins Today
The Fiji Court of Appeal Civil jurisdiction has ruled that lawyer Richard Naidu’s contempt of court hearing will take place today.
This was after a stay application which was filed by Naidu’s lawyer Jon Apted was refused by Appeal’s Court president, Judge Justice Dr Almeida Guneratne.
In his ruling delivered yesterday, the Judge stated that counsel for Naidu, Jon Apted had argued 40 grounds of appeal.
He also stated that for the purposes of the ruling he had classified them as principal issues and adjunct issues.
The Judge has granted leave to appeal filed by Mr Apted on only one adjunct issue.
Naidu is alleged to have scandalised and ridiculed the courts and the judiciary in a Facebook post where he made comments in relation to a judgment delivered by the High Court in Suva.
The Attorney-General Aiyaz Sayed-Khaiyum has filed the proceedings alleging that Naidu has ridiculed the Judiciary in a Facebook post.
The Judge stated that on the issue of right to counsel of Naidu’s choice, the trial before the High Court for committal proceedings was still on foot and thus the right to retain counsel of Naidu’s choice was open to Naidu.
Mr Apted had also argued that Naidu’s right to remain silent combined with the presumption of innocence was not properly addressed by the High Court.
Justice Dr Guneratne said he did not think that the learned Judge had a statutory or common law duty to address that issue at a stage where the trial on the committal proceedings had not even commenced.
He said that right being no doubt a constitutional right; it would be open for Naidu to exercise the same at trial on the committal proceedings.
The Judge also said that on the issue of Naidu claiming to have the right to crossexamine the A-G, he held the view that an alleger of contempt also could not be regarded as a compellable witness to take the stand and give evidence as to an alleged contempt (of court in this instance).
The Judge said should the A-G opt not to take the witness stand, his allegation of contempt would stand or fall on the evidence (oral and affidavit) led through other witnesses but all that must await the proper trial on the committal proceedings which were on foot.
The Judge said that counsel for the A-G, Gul Fatima had submitted that the main issue before the High Court was the post in question (the alleged contempt).
She had submitted that Naidu was seeking to avoid committal proceedings initiated by the A-G which were in the interest of the concept of the “majesty of the court”, in which regard therefore; the committal proceedings must be allowed to proceed.
The Court agreed with these submissions.
Leave to Appeal
The one adjunct issue on which leave has been granted to Naidu to appeal to the Fiji Court of Appeal relates to Order 52 of the High Court Rules and prima facie findings of contempt at the leave stage.
The Judge said he was inclined to grant leave to appeal on that issue in the public interest for the full court to express its views.
Stay application
In respect of Naidu’s application for a stay of the committal proceedings, the Judge said the committal proceeding was pending before a court of competent jurisdiction and he could not see any basis to grant a stay against such a court from exercising its jurisdiction.
The Judge said he could rest his decision solely on that ground in refusing the stay, but he went further saying that:
As Naidu himself said the committal proceedings were on the basis of an “alleged contempt”;
That matter was listed for trial and it was only after conclusion of the trial, should the High Court find the “alleged contempt” to have been proved that, the Naidu’s reputation and/or interests would become affected.
For the aforesaid reasons, Justice Dr Guneratne held that there was no legal basis and/or reasons in law to grant a stay of the High Court proceedings.
Court’s orders
Leave to appeal is granted on the ground as articulated in the ruling.
Application to stay proceedings in the High Court is refused.
No order as to costs.
The substantive trial in the committal proceedings will begin today before Judge Justice Jude Nanayakkara at the Civil High Court. Edited