Pacific Center for Public Integrity Director Angie Heffernan's case challenging the appointments of the Acting Chief Justice Anthony Gates, High Court Judge Justice John Byrne and the Interim Attorney General Aiyaz Sayed-Khiayum was struck out this afternoon.

Heffernan had filed legal action seeking constitutional redress against the three defendants that their appointments were not in accordance with the constitution and therefore null and void.

However, in his ruling this afternoon High Court judge Justice Davendra Pathik stated that the applicant joining the two judges as parties in the action, which must have been on the advice of counsel signed by one Dr. James Cameroon who had never turned up in court, is the worst case of abuse of process of the court and amounts to a frivolous processing.

Judge Pathik noted that litigants cannot sue judges and join them as parties to an action as the authority of a judge eminates from the presidential exercise of power vested upon him.

He further stated that it was incomprehensible that sole counsel appear before judges to have their case heard and at the same time did not want to recognize them, as has happened in the case of two respondents who are very senior and experienced judges who are duly appointed by the president of Fiji.

He said if some lawyers did not see judges as judges then they should not seek an audience before them.

Judge Pathik ordered that the action be struck out. Angie Heffernan has been ordered to pay all court costs to counsel for the three defendants and she must make the payment within 30 days of determination of the final costs incurred.

The High Court judge also ordered that unless Heffernan pays the taxed costs in full in time, she be not allowed to make any further application or institute any proceedings herein in Court.