December 2006 Case Set To Begin

The High Court case which is expected to decide the legality or otherwise of the events of December 5th, 2006 and the interim government gets underway in the Suva High Court this morning.

Ousted Prime Minister Laisenia 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.

The State is expected to be represented by Queens Counsels' Guy Reynolds while QC Nye Perram will represent Qarase and members of the ousted SDL Government.

Both parties say they are ready for case which gets underway at 9:30 this morning.