Set Aside High Court Ruling-SDL

The SDL party has appealed to the Fiji Court of Appeal to set aside the High Court ruling made in favor of the President and the Interim Prime Minister last month and have listed 17 grounds for their appeal.

The SDL's grounds for appeal include that the Judges erred in fact and law in holding that in the absence of arbitrariness, the existence only and not the exercise of the President’s powers to appoint Ministers was capable of judicial review and that they erred in fact and law in holding that the President’s actions at the relevant time were valid and lawful.

Their grounds also include that the three presiding judges had erred in law and fact and misdirected themselves in the manner in which they interpreted the 1997 Constitution.

In turn the SDL is also seeking 7 declarations by the Fiji Court of Appeal. This includes that the Appeals court declare that the removal of the democratically elected and constitutionally appointed Prime Minister, his Cabinet, other Ministers and members of Parliament by the Army Commander and the RFMF by force of arms on or about December 5th, 2006 was and is unconstitutional and unlawful.

Another declaration being sought by the SDL is that the usurpation of executive authority and power by Commodore Frank Bainimarama on or about December 5th 2006 was unconstitutional and unlawful.

At a Press conference this afternoon, Former Prime Minister and SDL Leader Laisenia Qarase also revealed that they will request the Judiciary to appoint Judges from Commonwealth countries to preside over their appeal.