President had to act-McCoy

As the December 5th 2006 case continues in the High Court, the lawyer for Commodore Frank Bainimarama and others, Gerard McCoy has today produced a document which shows that almost all of the SDL ministers had applied and are now receiving pensions as former cabinet ministers.

McCoy also presented a written statement from the Great Council of Chiefs on December 22nd 2006 where the council said that the military regime was in control of the country.

McCoy highlights that the august body which holds the highest level of man in the country had noted in their statement that the political reality was in control of the government machinery. He said the GCC also noted and recognized that in view of the military's actions, the SDL government had been rendered ineffective and incapable of carrying out its constitutional duties.

McCoy also pointed out that the GCC called on the President to exercise his reserved executive powers and appoint an interim government to take the country to the next elections.

The lawyer for Bainimarama said that given that the Great Council of Chiefs recognized the reality of the situation, asked the President to exercise his authority and appoint an interim government and the fact that there is evidence that all the SDL ministers had written to the Prime Minister's Office saying that they had ceased to be ministers and members of parliament and are now entitled for pensions, left the President with no other option but to continue and exercise his executive powers.

McCoy said following that President Ratu Josefa Iloilo acted on his reserved powers. The state lawyer said the President brought in laws that was required to maintain law and order in the country and also brought in the Military Intervention Promulgation where the President after resuming executive authority in January 2007 had said in a national address that he endorsed the actions of the military and the Army Commander and he also stressed that it was something that needed to be done as our country was at a crossroads.

Earlier this morning, former Home Affairs Minister, Josefa Vosanibola took the witness stand and it was also established by McCoy that Vosanibola himself had written that he had ceased to be a cabinet minister in March 2007 and requested the PM's office to pay him pension which he is entitled to.

The case continues before judges, Justice Anthony Gates, Justice Davendra Pathik and Justice John Byrne.