The Stay Application regarding the case of former Prime Minister Charlot Salwai that was scheduled to be heard today is now adjourned to June 4, 2020.
The case would proceed via the AVL video conferencing platform to connect with Fiji.
Fijian lawyer, Filimoni Vosarogo, is representing Mr Salwai.
The former Member of Parliament (MP) Tomker Netvunei, sought an adjournment until July 2020.
The application is based on the current difficulties with international travel and in preparation ahead of the hearing, as Mr. Vosarogo had anticipated being able to return in time to prepare for the hearing, and accordingly, did not take with him the material he required.
It was accepted that Mr. Vosarogo’s predicament in not being able to travel is not of his own making.
But Justice Andree Wiltens noted that the hearing could have proceeded via AVL.
“The lack of preparation is unfortunate and could have been avoided; but to deny the application would be unfair to the applicants who are facing serious charges and who have a right to be represented by private counsel of their choosing,” he said.
“The lateness of the application is also regrettable- the situation affecting us all has been known for some time, and the application could and should have been made sooner.”
Justice Wiltens said he was not prepared to put this case off until July. “There is no reason to do so.”
The Supreme Court judge acknowledged that Public Prosecutor, Josaia Naigulevu was “ready and anxious to proceed today to avoid further delay” but Mr Naigulevu also accepted the inevitability of the situation.
Mrs. Ferrieux Patterson sought additional time to file submissions in support of the application. She was late, as she was directed to file by April 21, 2020. The Court has given her until 4pm on May 20, 2020, to file her submissions.
The charges related to bribery and perjury and date back to 2013 with the defendant and other senior politicians accused of using ministerial appointments and parliamentary secretary postings, to avoid a vote of no confidence.