Judge refuses to disqualify himself for bias

Issue No: 738; 8 May 2001

 
High Court judge Daniel Fatiaki has refused to give in to the demands of the Citizens Constitutional Forum that he disqualify from hearing the case because of his actual or perceived bias in the constitutional challenge which the CCF has launched.

Fatiaki was one of the 3 judges involved in drafting the decrees which attempted to abrogate the 1997 Constitution.

The CCF had called for the sacking of the 3 judges, which also included Michael Scott and the Chief Justice Sir Timoci Tuigava.

Later the CJ allocated the CCF case to Fatiaki. The CCF is challenging the legality of the decision by the President to dissolve the Parliament and re-appoint Qarase as Prime Minister.

Fatiaki's contract as a judge had expired recently. But only recently the CJ renewed Fatiaki's contract as a judge.

 

People's Coalition Government - Fiji Islands
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