Heffernan Wants Judge Out
While making submissions this morning, Heffernan's lawyer Dor Sami Naidu, who is also the second Applicant in the case stressed to Judge Justice Daniel Gounder that the hearing on his recusal and directions that the proceedings be placed before a member of the court appointed in accordance to the Constitution prior to December 2006.
While lawyers representing the state, Adish Narayan and Sarvada Sharma earlier made an application to strike out Heffernan's application for a Constitutional redress, Naidu stressed that the legality or otherwise of Judge Gounder's appointment is a matter the court needs to decide before taking any further steps.
Following that Judge Gounder ordered that the application for his removal from hearing the case be dealt with first before the strike out application will be considered.
Heffernan's case which is filed against the Interim Attorney General and Judge Justice Davendra Pathik, challenges the validity of measures taken by Interim Prime Minister Commodore Frank Bainimarama following the events of December 5th 2006 including appointments of High Court Judges.
The case is adjourned till June 12th for hearing on the recusal application.
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