Supreme Law Is The Constitution Not The President

The lawyer representing Ousted Prime Minister Laisenia Qarase and others in the December 2006 case Queens Counsel Nye Perram stressed in the High Court today that the supreme law of the land is the constitution, not the President and the court should follow the constitution when deciding on the legality of the events of December 5th.

Perram said there was no need to use the doctrine of necessity powers as the President should have used the Chandrika Prasad court ruling which meant that parliament should have been recalled.

He said everything ruled in the Prasad case after the May 2000 coup will be nonsense if the court rules this time around that there were extraordinary powers which was used in December 2006.

Qarase's lawyer also said the court has been deprived of some major evidence as the President and those close to him during December 5th did not come to court for the case.

Perram then questioned the court why President Iloilo appointed Commodore Frank Bainimarama as the Interim PM and no one else. He said Bainimarama's legal counsel has also failed to provide evidence on why Bainimarama was appointed.

Perram said everyone in Fiji and the neighboring pacific countries know what happened on December 5th, 2006 and again questioned why the President had no one else but Bainimarama to appoint as the Interim Prime Minister.

Qarase's lawyer then said to the court and I quote "Let us assume everything was right but Bainimarama's counsel have forgotten that the Emergency regulation is over and the legal Prime Minister is sitting in the court" end of quote.

Perram said based on the Chandrika Prasad ruling,the tense situation is over and the interim regime should hand over power to Qarase who is available.

High Court Judge Justice Judge Byrne then said that if Qarase comes back into power then there will be no fresh elections.

Perram replied that parliament continues to exist because there has been no dissolution of house of representatives and the Prime Minister, Qarase and the cabinet ministers are available and the constitution provides for it.

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