A Fiji High Court judge has rejected democracy activist Angie Heffernan's application to disqualify him from hearing the case and severely criticised the conduct of her lawyers.
Ratu Joni Madraiwiwi had earlier appeared before the court on behalf of Ms Heffernan's lawyer Dorsami Naidu and claimed that Justice Devendra Pathik's appointment was illegal and at 77 he was too old.
Mr Naidu was not in court to receive the ruling yesterday but sent a junior counsel who was unable to argue matters before the court.
On the claim that his appointment was unconstitutional, Justice Pathik has ruled that the application was "frivolous and a clear case of abuse of process of the court."
Justice Pathik said he was appointed by the president and was duty bound to hear cases put before him without fear, favour or ill-will.
He said never in his 50 years as a judicial officer of which 35 years has been as a judicial officer, had he come across such nonsense from senior counsel who are firing bullets from behind a curtain by sending a junior and inexperienced solicitor who was unable to argue the matters raised.
Justice Pathik said he would not allow counsel to get away lightly from their stupidity, their conduct at the bar and their contemptuous behaviour towards he court.
He warned that any lawyer who is inclined to follow the same conduct will suffer serious consequences and will be reported to the Fiji Law Society.
Justice Pathik has ordered Mr Naidu to pay court costs of nearly 6-thousand US dollars to three other parties in the case - the acting chief justice, Anthony Gates, Justice John Byrne and the interim attorney general.
