December 2006 Case Adjourned

Solicitor General Christopher Pryde made an application today stating that the State is seeking a 2 day adjournment on the first day of the hearing of the case of ousted Prime Minister Laisenia Qarase and others against the military and interim government.

Pryde told the three judges hearing the case, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik that they are seeking an adjournment as the lead counsel in the case Queens counsel, Gerard McCoy is unable to attend due to a commitment at the Court of Appeal in Hong Kong.

Pryde revealed that McCoy will be present in court this Thursday and he stressed that it will only be fair that he be present for the opening submission.

However Queens Counsel Guy Reynold strongly opposed any adjournments but also raised concern that the Junior Counsels from Hong Kong to represent the military officers were also not present today as they are represented by Pryde.

The judges have adjourned the case to 2.30pm to make a decision on the application for adjournment.

Present in court today were were Qarase, Josefa Vosanibola, Sam Speight Junior, Ro Teimumu Kepa, Losena Salabula, Peceli Kinivuwai and the Interim Attorney General, Aiyaz Sayed-Khaiyum.

Qarase and his ousted SDL government ministers have taken legal action against the Interim Prime Minister Commodore Frank Bainimarama and others and are calling on the court to make 4 declarations.

These include that the forceful removal of Qarase and his cabinet and the Parliament and Commodore Frank Bainimarama assuming executive authority and power were unconstitutional and unlawful.

They are also seeking an order that the Doctrine of Necessity that the military used to justify the takeover, and the Doctrine of Effectiveness that they are now successfully running the Fiji administration, are legally misconceived, unjustified and contrary to the law and the constitution.

However, the interim government is also seeking 13 counter declarations by the courts in relation to Qarase's actions prior to December 5th, 2006.

The orders being sought against Qarase include, that Qarase breached the constitution when he kept the President Ratu Josefa Iloilo in the dark over governance matters, including the call for foreign intervention.

The state also seeks an order that Qarase failed to inform the President that the British High Commissioner Roger Sykes, US Ambassador to Fiji Larry Dinger and former Australian High Commissioner Jennifer Rawson asked the then Deputy Commander RFMF Esala Teleni to withdraw support for Commodore Bainimarama and their threat to stop assistance if there was any military intervention.

Another declaration being sought is that Qarase failed to inform the President that he had asked INTERPOL to arrest Commodore Bainimarama who was in New Zealand on November 28th, 2006.