Court has no jurisdiction

Those were the words of one of the Queens Counsels representing the interim government and others, Guy Reynolds, as he made submissions in the case filed by Ousted Prime Minister, Laisenia Qarase and others against Commodore Frank Bainimarama and others.

Reynolds stressed to the three preceding judges that there are only two matters that they can and need to determine in the case, one is that the special and executive and prerogative powers of the President does exist and the second, through the evidence that the defense has provided, that the President had infact intended to exercise those powers vest upon him between December 5th 2006 to January 2007. And he told the judges, following that they must put their pens down as the jurisdiction of the court does not extend any further.

Reynolds said while the plaintiffs have recognized that these executive powers of the President do exist, the court cannot be asked to determine the extent of illegality the President should be allowed to act, as it will be impossible to do so. He said the court must decide matters of law and fact and he added that the actions of the President were of those of political administration and highlighted a case where it was said that the court has no jurisdiction to review political decisions.

Reynolds also highlighted a ruling delivered by the High Court in Pakistan in 1955 where the Chief Justice stated in his ruling that special prerogative and executive powers exist upon the sovereign and are vested upon the sovereign, which maybe exercised in special circumstances. He highlighted circumstances such as threats to National Security, whether it be external or internal and to preserve the society and the state and to stop it from being destroyed by the constitutionally appointed Government.

Reynolds also quoted from the ruling, where the Chief Justice of Pakistan states that the crown or sovereign acted legally in such circumstances and that these executive powers extend to legislative powers to preserve the state and society as the salvation of the people is the Supreme Law.

Reynolds also told the judges that they do not need to look into the legality of December 2006 as there was acquiescence or a level of acceptance by Laisenia Qarase and others that the interim government had in fact taken power when they had requested to be paid pension as former cabinet ministers.

The QC also stressed that that one of the most important questions was raised by one of the presiding Judges Davendra Pathik who questioned SDL's Queens Counsel Nye Perram on what else was the President to do inlight of the crisis the country was facing.

Reynolds said that strong reasons must be given why the prerogative powers would not exist upon the President in time of a crisis and the constitution would have to be written in a language which clearly states out how such powers were to be ousted.

He said not even legislations would be able to curtail or restrict the executive powers vested upon the sovereign

Reynolds then proceeded to make submissions to prove that the President Ratu Josefa Iloilo had infact intended to exercise his executive powers as highlighted in his national addressed where he endorses the actions of the military and weeks later granted Immunity to the Commander and the RFMF for their actions between December and January 2007.

He submitted that they have already put evidence before the courts, that Qarase had atleast enquired about foreign intervention which proves that the nation was in crisis and which required the President to exercise his ultimate executive powers to protect the state and society.

Reynolds stressed that at the moment in time, there can be no doubt the President had only one thing on his mind and that was to ensure national security remains intact and the state is protected.                           

Reynolds continues with his submissions this afternoon.