State’s court decision raises questions

LAUTOKA High Court judge Justice Anare Tuilevuka stated in a ruling last Friday that Government’s decision not to release a Report of the Taskforce that led to the arrest of six Grace Road officials in August last year “raises several questions”.

Justice Tuilevuka has allowed a Judicial Review of the Minister for Home Affairs’ decision to remove Jung Young Kim (Daniel Kim), Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee, Jin Sook Yoon and Beom Seop Shin from Fiji. “I am mindful of Mr Green’s (Ropate Green, Solicitor General) submissions that the minister had also taken into account the national security concerns which were highlighted by a Report of the Taskforce which the minister allegedly convened in response to the Red Notices and the Diplomatic Notes,” stated Justice Tuilevuka. “I also note Mr Green’s submissions that the said report cannot be disclosed. This raises several questions.

“Is Judicial Review available in decisions pertaining to the ‘national security’ of Fiji? If it is, to what extent should this court be satisfied that there is in fact, a matter of national security at stake?

“Flowing from that, to what extent should the court enquire as to whether or not the minister’s decision to declare the applicants “prohibited immigrants” was in fact influenced by matters of national security?

“Is the court entitled to call for an affidavit from the minister in pursuit of that inquiry?

“Is the minister immune from disclosing any documentation relating to national security and the defense of the country?

“Can the court require from the minister evidence to prove that the disclosure of documents (Taskforce Report) would compromise national security concerns?

“Even if the report were to be disclosed, this court, or anyone else for that matter, may not be equipped to review the minister’s factual assessments and the substance of his decisions.”