A STAY order application on the Fiji Independent Commission Against Corruption proceedings against former Airports Fiji Limited chief executive officer Ratu Sakiusa Tuisolia will now be heard next year.
The High Court in Suva heard that the commission's prosecutor Aca Rayawa had not been able to make submissions on the stay application filed by Tuisolia's lawyer, Devanesh Sharma, due to a death in the family.
FICAC lawyer Henrietta Matakitoga told Justice Daniel Goundar that the commission would make their submissions by tomorrow.
Justice Goundar gave FICAC until 12pm tomorrow to file submissions and the defence to respond within seven days while the hearing on the stay application would commence on January 26, 2010.
Mr Sharma made a further application to allow Tuisolia to travel to Australia with his family for vacation.
"The visit is solely for the purpose of holiday," Mr Sharma said.
"Mr Tuisolia and his family travel to Miss Jalal's (his wife Imrana Jalal) family every December in Brisbane and spend the holidays there," Mr Sharma said.
"They will be leaving on December 12 and should be back on December 30."
The leave was allowed, however, Tusolia had to change his surety since his last surety provider, architect Adish Naidu, was now a prosecution witness.
Mr Sharma said Mr Naidu had acted as surety for the accused since the start of the case, however, the prosecution, despite having this knowledge, went ahead and got a statement from him and had him act as a prosecution witness.
The court was told former Airports Fiji Limited chairman Viliame Leqa would act as surety for Tuisolia.
Justice Goundar ordered that a written surety be provided by Mr Leqa before the Tuisolia family leaves for Australia.