Inactions forced president to act

President Ratu Josefa Iloilo was put in an awful situation during the months of December going into January 2007 where he had to act due to a vacuum in the governance of Fiji and no government that seemed to be in power or even contacting him on the developments.

While making submission Queens Counsels representing the interim government and others, Guy Reynolds said it was the failure on the part of Qarase and others to do anything at all for two months after December 5th, 2006 which resulted in the president to act.

Reynolds said Qarase did not even contact the president and apprise him on the situation. He said there are not two governments in power but one government, which is the interim government.

He also said that according to Qarase's QC Nye Perram's submissions that his clients had applied for pension due to economic duress, however, Reydolds said this application validated their resignation or dismissals from government.

He also said that there cannot be any possibility that Qarase and others will resume office as the President is ensuring that the interim government prepares for the next elections and it would be destabilizing and counterproductive in what the President it trying to achieve if the Qarase government was to come back into power now.

He also talked about Qarase waiting for two months before he took instructions to file proceedings in court. He said there will be no excuse for this delay as it was incumbent on Qarase to not only to move quickly but immediately in order to assert that they wish to remain and were the government of Fiji.

He said they had a duty to move the court in order to maintain their positions but they failed to do that. Reynolds also said he is not going to humiliate Qarase publically to give reasons why he did not commence proceedings straight after December 5th, as just by repeating his reasons would be humiliation.

He said Qarase and others created the governmental vacuum and that vacuum had to be filled and the President just did that. He said it was the very inactivity of Qarase and others which forced the Presidents hand to act which can be seen as acquiescence or level of appreciation or support for the interim government.

Reynolds stressed that this is not an illegal regime in power, it is a Ministry to deal with the situation and a Ministry appointed by the President to take Fiji to the next elections.

Earlier today Reynolds told the court it has no jurisdiction to determine the extent of illegality which can be exercised by the President, in exercising his special executive powers.

Reynolds stressed to the three preciding 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 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 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 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 address 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.                           

The case continues at 9:30 tomorrow morning.