It is simply not practicable to identify all the prerogative powers vested up the President of Fiji.
Those are the words of state lawyer, Queens Counsel Gerad McCoy in the case to determine the legality or otherwise of the events of December 5th and the interim government.
McCoy said that there can be no doubt that the prerogative and reserved powers of the President do exist and stressed that these powers must be able to adapt to changing circumstances as they arise to protect the state.
McCoy cited several rulings delivered by courts in Malta, India, New Zealand, the House of Lords in England and cases in Fiji where he quotes that the Executive Authority is vested upon the Crown and such powers are to be exercised by the Sovereign where the Crown's Jurisdiction applies.
He stressed that these prerogative and reserved powers entitle the President of Fiji to use his discretion in ensuring matters such as national security, for the good of the society, the people and the state. McCoy said it is not just a right but a duty as the ultimate prerogative of the Crown is the security of the nation.
He said this allows the President of Fiji Ratu Josefa Iloilo, the man who symbolizes the unity of this nation, to act with foresight to protect the nation and not wait until the throat of the nation has been cut.
The QC said there is no evidence that the powers transplanted into the Fiji soil, passed down through the British Monarch has been plucked from the President of Fiji.
He reiterated that no even legislations and acts of parliament could take away these ultimate powers vested upon the President to act on his own discretion to protect Fiji from any form of threat, whether internal or external, to ensure peace, stability and tranquility within the society and within the nation.
Meanwhile, QC representing Qarase and others has requested for additional time to prepare his closing submissions and the case is adjourned till 9am tomorrow morning.
Fijivillage News Director Vijay Narayan files this report:
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