Thursday, April 9, 2009

[pima.nius] Scoop: Fiji president fires all judges

5:36 PM |

Fiji president fires all judges

Constitution revoked, elections by 2014

Last updated 11:59 10/04/2009

photo
JOHN SELKIRK/Dominion Post
ILLEGAL: Fiji's appeal court has ruled the government of Commodore Voreqe Bainimarama is illegal.

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LATEST Fiji's president has fired all judges and revoked its Constitution after a ruling that the military government is illegal.

President Ratu Josefa Iloilo revoked Fiji's Constitution, appointed himself head of State and suspended all appointments to the judiciary, the Fijilive website reported this morning.

Iloilo announced that he will appoint a new judiciary along with a new interim government "in the coming days" and said Fiji would hold general elections by September 2014.

Yesterday Commodore Frank Bainimarama said he would relinquish his post as self-appointed prime minister but remain Fiji's military leader.

Bainimarama's military regime suffered a major blow with the ruling that it is illegal and that Commodore Bainimarama should be removed as prime minister.

Bainimarama responded by saying he was relinquishing his post as self-appointed prime minister but would continue as the country's military leader and return his troops to their barracks.

"The ruling of the Court of Appeal and its refusal to grant a stay pending the appeal means, in practical terms, that we effectively do not now have a prime minister or any ministers of the state," he said in a televised address to the nation.

"In other words, we do not have a government in place," Bainimarama said.

Flanked by two senior naval officers, he assured citizens that the security forces would ensure there would be no disruption of law and order.

Police were on alert ahead of the judgment that was carried live on national television.

Bainimarama installed himself as prime minister and finance and foreign minister following his military coup in December 2006, which brought down democratically elected Prime Minister Laisenia Qarase. The Court of Appeal has rejected an immediate re-instatement of Mr Qarase.

Last year Qarase challenged the legality of Bainimarama's rule but the High Court ruled in favour of the military. Its decision was subsequently criticised by international legal experts but the military hailed it as a justification for their rule.

Qarase appealed the ruling.

Two Christchurch lawyers, Gerard McCoy and Christopher Pryde, argued for the military regime. Australian judges Ian Lloyd, Randall Powell and Francis Douglas sat on the bench.

The judges have now ruled that the overthrow of the government was unlawful.

They recommended that President Josefa Iloilo appoint an independent person as caretaker prime minister, who would then advise the president to dissolve the overthrown parliament and make way for elections.

Mr Pryde asked the court for an immediate stay on their judgment but this was refused.

The court ruling came as Bainimarama hosted a political forum in Suva that was boycotted by the political parties that were represented in the overthrown parliament.

He attacked their decision and slashed out at the national daily the Fiji Times and Fiji TV.

"They are … merchants of gloom and doom. Worse still they have because of their agendas become anti-Fiji. They have become anti-the ordinary citizen of our country who is more committed to and focused our building a better Fiji."

Just ahead of the court decision, New Zealand Prime Minister John Key told AAP that Fiji had no intention of meeting an election deadline.

The Pacific Islands Forum has set a date of May 1 announce a 2009 election.

Asked today if he believed the military strongman had any intention of calling an election, Mr Key said: "My honest assessment is no."

"I think he's there for the long haul," he told AAP.

"I really believe it doesn't matter to him much what occurs. He's going to resist any genuine attempts to restore Fiji democracy and I think that's sad."

Mr Key said the military regime was delivering the country a passport to poverty, and there was little more Australia and New Zealand could do.

"We're using our powers of persuasion as much as we can," he said.

- By Michael Field and Stuff.co.nz staff


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