FLP and Unity Fiji withdraw stay their of execution application

Fiji Labour Party (FLP) and Unity Fiji have withdrawn their inter parte applications seeking interim and substantive stay of execution or judgements pending appeal to the Fiji Court of Appeal.

The recent applications are in respect of the three civil cases filed by the two political parties against the Speaker of Parliament, the Constitutional Officers Commission, the Government of Fiji, and the Attorney-General. They were dismissed and struck out by the Chief Justice Kamal Kumar last month.

In the first matter, the two parties were ordered to jointly and severely do pay $2000 each to the Speaker of Parliament, the Government of Fiji, and the A-G as cost within seven days from the date of the judgment (October 18).

In the second matter, the two parties were ordered to jointly and severally pay the Commission costs assessed in the sum of $5000 and jointly and severally pay the A-G cost assessed in the sum of $1000 within seven days from the date of this judgment (October 18).

In the third matter, the two parties were ordered to jointly and severely do pay $3000 each to the Speaker of Parliament, the Government of Fiji, and the A-G as costs within seven days from date of the judgment (October 18).

The matter was called before Chief Justice Kumar yesterday at the Civil High Court in Suva for a hearing.

FLP and Unity Fiji’s lawyer Sevuloni Valenitabua told the court that he was instructed by his clients that they were now willing to pay the costs to the defendants.

Previously they had maintained that they would only pay the costs into court pending the outcome of their appeals in the Fiji Court of Appeal.

He said FLP and Unity Fiji were withdrawing the applications for stay of execution and would proceed with the appeal.

He said his clients had now agreed to pay the costs awarded to the parties.

Mr Valenitabua requested the court to give a final seven days to pay the defendants.

Counsel for the defendants Gul Fatima said that the judgments could not be varied to now allow further seven days to pay the costs, and that it was in the interests of the parties to comply with the orders of the court as soon as possible.

She said the judgments had been delivered on October 18 and in which the court had ordered FLP and Unity Fiji to pay to the defendants costs within seven days.

She said this meant that costs were payable by October 25 and the parties had not complied with these orders and were now seeking further time.

She also added that Mr Chaudhry had stated in his affidavit that the parties were amenable to pay the money into court and this confirmed that the parties were able to pay the costs.

In that case she said the parties should be able to comply with the orders of the court.

She said in the event parties continued to disobey the orders, the defendants would consider their options to ensure that the orders of the court were complied with.

Chief Justice Kumar told Mr Valenitabua that if his clients needed further time, he needed to write to the counsel for the defendants and that it was up to the parties now to consider whether they agree to further time or not.

The Chief Justice then granted Mr Valenitabua leave to withdraw the stay of execution by consent, rendering the applications dismissed and struck out.