A request to have a $1 million tala lawsuit against the suspended Commissioner of Police, Fuiavailiili Egon Keil and others adjourned indefinitely has been opposed by the plaintiff’s lawyer.
Lawyer Seuamuli Sarona Ponifasio, who is representing Suitupe Misa, told the Supreme Court on Monday she opposes to the application made by Attorney General’s lawyer, Sefo Jnr Ainu’u.
She asked the Court for an adjournment to allow her to file a response to the application.
Presiding Supreme Court Judge, Justice Lesatele Rapi Vaai granted the request and adjourned the matter until 17 October 2016.
The matter was adjourned from the previous mention in August where Mr. Ainu’u asked for an adjournment.
At the time, Mr. Ainu’u pointed out there are criminal charges against the Commissioner of Police which should be dealt with first.
“It is in our view that it is prejudice to criminal proceedings,” he told the Court. “We ask that the criminal proceedings be completed before we can assess the civil matter.”
But Seuamuli argued that if that was the position of the Attorney General’s Office, they have to establish that there will be a risk of the case being prejudice with the criminal proceedings.
“They haven’t substantiated that and they seemed to assume the details of the charge.”
Mr. Misa is suing the Police Commissioner, the Minister of Police, Sala Fata Pinati and the Ministry of Police for $1million tala.
Meanwhile, the Commissioner of Police has been charged by the National Prosecution Office pending criminal proceedings in relations to the unlawful arrest of Mr. Misa at the Fugalei market. His lawyer has asked the Court for the charges to be dropped.