Qarase, Others Maintain Dec 5 Takeover Was Illegal

Former Prime Minister, Laisenia Qarase and others are attempting to get clear declarations now from the Fiji Court of Appeal, which the SDL said, were not addressed in the Qarase/Bainimarama High Court ruling last month.

In the appeal filed to the Court of Appeal by Qarase, Ro Teimumu Kepa, Ratu Suliano Matanitobua, Adi Sivia Qoro and Josefa Vosaniboola, they say that they want court orders granting relief sought by them in their amended originating summons dated 26th June, 2007.

Qarase and others want the Fiji Court of Appeal to declare that the removal of the democratically elected and constitutionally appointed Prime Minister, his cabinet, other ministers, and members of parliament by Commodore Bainimarama and the RFMF by force of arms on or about the 5th of December, 2006 was unconstitutional and unlawful.

They also want the court to declare that the usurping of executive authority and power by Commodore Bainimarama, when he removed the President, on or about 5th December, 2006 was unconstitutional and unlawful.

Declarations are also being sought by the Court of Appeal that the decision and action taken by Commodore Bainimarama in the purported exercise of executive authority to dissolve parliament as and when he did were unlawful and unconstitutional, null, void and of no effect, that Laisenia Qarase remains the lawful and constitutional Prime Minister of Fiji and the members of his cabinet, other ministers and his government remain the lawful and constitutionally constituted government of Fiji.  

Qarase and others also want the Court of Appeal to declare that the current interim regime cannot rely on the doctrine of effectiveness to ensure its legitimacy, and it remains an illegal regime because its defacto control of the country was imposed and continues to be imposed on the people by force of arms and not by popular acceptance or voluntary acceptance.

The case is filed against Commodore Bainimarama, the RFMF, the state of the Republic of Fiji Islands and the Interim Attorney General.

It is not known at this stage on when the matter will be heard in court.