Court dismisses strike out application and adjourns matter
May 16, 2008, 08:13

The matter on the deportation of Fiji Times Publisher Mr Evan Hannah was called before Justice Filimone Jitoko this morning at the Suva High Court.

Justice Jitoko dismissed the application to strike out the matter. However, on the second issue of service, an adjournment was granted.

Counsel for the State, Ms Mereseini Rakuita stated in her submissions that there were grounds on which the Habeas Corpus is to be dismissed:

- there is no reasonable cause of action since Mr Hannah is no longer being detained by the Respondents;

- It is an abuse of process since what the Applicant wants is to undo administrative decisions taken by the Minister and the Permanent Secretary in exercise of their powers under the Immigration Act.

Ms Rakuita said, “Therefore, there is no basis for the continuation of the Writ of Habeas Corpus”.

She reiterated that Hannah was no longer in custody and was out of Fiji’s jurisdiction and that the Writ of Habeas Corpus is no longer applicable.

The Court will now hear the matter tomorrow at 2.30pm on the second issue.



-End-
(No.0725)