There was no legal powers-QC

Queens Counsel representing ousted Prime Minister Laisenia Qarase and others stressed that there were no legal powers in play in the actions from December 5th, 2006 to the appointment of the interim government by the President.

While making submissions earlier this afternoon Nye Perram stressed that there are now powers under the constitution which allows the Commander to carry out such an act and there are no powers vested upon the President to appoint a Prime Minister.

Perram, while agreeing that there are necessary circumstances which may allow the President to act outside the constitution, however the Doctrine of necessity under which such actions have been taken can be scrutinized by the court.

He stressed that they do not seek to review the decisions of the President but to articulate that there is no such power under the constitution.

Meanwhile, former Home Affairs Minister Josefa Vosanibola took the witness stand this morning and admitted writing to the Prime Minister's office in March 2007 seeking a pension as a former cabinet minister.

Upon cross examination by Queens Counsel for the Interim PM and other, Gerard McCoy presented the letter in which Vosanibola admits writing and I quote " I am aware I ceased to be a cabinet minister and member of parliament due to the events of December 5th, 2006 and apply for pension entitled to me" end of quote.

However Vosanibola maintained that he was forcefully removed from office by the RFMF and he never handed in his resignation to the President Ratu Josefa Iloilo to relinquish his post.

As the December 5th 2006 case continues in the High Court, the lawyer for Commodore Frank Bainimarama and others, Gerard McCoy earlier 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 mana in the country had noted in their statement that the political reality was that the military was in control of the government machinery. He said the GCC also noted and recognised 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.

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