Grace Road Group President Daniel Kim

Lautoka High Court Judge Justice Anare Tuilevuka has ruled that the state’s proposed additional evidence in the case against Grace Road Group President Daniel Kim and Dr. Sung Jin Lee does not justify their continued indefinite detention.

The ruling comes after the state sought to introduce fresh evidence in an attempt to convince the court that the two men pose a threat to national security.

In his decision, Justice Tuilevuka stated that even if the new evidence was proven, it would still not be enough to convince him that Kim and Dr. Lee represent a threat.

Furthermore, the Judge emphasized that the onus is on the state to demonstrate that the detention is reasonable, necessary, and proportional.

The state had filed a summons on November 21st 2024, seeking permission to introduce new evidence as part of the judicial review process concerning the legality of the detainees’ continued detention.

The evidence in question pertains to a statement from Jolie Ann Lee, a dual American and South Korean citizen, who was allegedly a member of the Grace Road Group before fleeing last week.

However, Justice Tuilevuka ruled that while he would grant the state leave to submit the new evidence, it would only be considered during the substantive judicial review, not as part of the current detention challenge.

In his ruling, Justice Tuilevuka noted that the state had failed to justify the indefinite detention of Kim and Dr. Lee.

He points out that in all cases concerning the lawfulness of detention, it is the responsibility of the state to demonstrate the necessity of holding individuals in custody without charge for extended periods.

As a result of the ruling, Kim and Dr. Lee were granted bail, though their release will be contingent upon an amicable settlement with their legal counsel regarding the terms of the bail conditions.

The matter will now be called in Suva next Monday to see if the parties have settled the terms of release.

However, failure to do so the Court will set it.