High Court Judge Justice Davendra Pathik was disappointed at the absence of the senior counsel representing PCPI Director Angie Heffernan, as he dismissed an application to disqualify himself from the case.
When the case was called this morning, a junior counsel from Pillay Naidu Associates filed the formal motion for the judge to disqualify himself on the grounds that his appointment was unconstitutional and based on his age.
However, the junior counsel informed the court that he is not in a position to argue the grounds as Heffernan's lawyer Dor Sami Naidu is overseas while the informal application in the matter was made by another counsel, Ratu Joni Madraiwiwi.
The judge was outraged and questioned why the counsels have made such serious and ridiculous allegations against him but are not prepared to fight it out in court.
Justice Pathik then proceeded to make his ruling. He dismissed the application to disqualify himself and stressed that in his 50 years as a legal practitioner and 35 years as a judicial officer, he has never seen such nonsense presented in court.
He also highlighted that the grounds to challenge his appointment is based on unfounded claims as he was appointed by the President well before the events of December 5th, 2006, while the constitution is clear that the issue of age does not apply to High Court judges.
Justice Pathik then sounded a stern warning that any counsel or lawyer or legal practitioner who follows suite as in this case will suffer serious consequences and stressed that judges must be left alone to do their work.
The High Court judge also ruled that Heffernan's lawyer Dor Sami Naidu is responsible for making a mockery of the court and has to personally pay a total $9,500 to lawyers representing the three respondents in the case as court costs. He has ten days to do so. The ruling will also be forwarded to the Fiji Law Society for action to be taken against Naidu.
When approached outside the court house, Heffernan said they need to look at the written ruling by the judge before making a comment.
Judge Dismisses Application for Disqualification
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