The Court of Appeal has refused the application on stay filed by State against Grace Road Fiji members Sung Jin Lee, Nam Suk Choi, Byeongjoon Lee, Jung Yong Kim and Jinsook Yoon, yesterday.
The matter was called before the President of the Court of Appeal, Justice Filimone Jitoko.
Justice Jitoko told the Court that he does not think that the order for the hearing will greatly prejudice the position of the State.
He said that the appellant’s application for a stay of the Appeal’s Court handed out on Thursday, is subject of the proceedings within the next seven days and the Writ of Habeas Corpus is a peremptory writ which unconditionally commands the appellant’s to produce the body of the detained person before the Court – That is the initial step.
Justice Jitoko said this process enables the Court to ascertain in the end whether the detention is lawful and justified.
He said that the argument that the ouster clause would trump or exclude the Writ of Habeas Corpus is misconceived, It can be part of the Court’s consideration when and if it is raised at the Hearing.
He added that it could very well be that in the end, the Court’s will arrive at the same conclusion as before.
In his ruling Justice Jitoko urged the Lautoka High Court to take into consideration, in deciding on the date to hear the hearing of the Habeas Corpus, within the timeframe ordered by the Court of Appeal on Thursday, of the difficulties of the appellant’s counsel.
