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Issue No: 764; 15 May 2001
High Court judge, Justice Daniel Fatiaki is in legal problems for lying to the court about his involvement in giving advice to the then President about the dismissal of the elected Prime Minister and the dissolution of the Parliament after the terrorists took the government hostage last year. Justice Fatiaki told the court yesterday: "I know nothing about the advice and meetings that took place in the process of giving advice to the former and the current President". But affidavits filed by two other judges, Justice John Byrne and Justice Nazhat Shameem showed that Fatiaki was involved with the advice. The affidavits state that the Chief Justice Sir Timoci Tuivaga called a meeting on May 20, a day after the terrorists struck. The meeting was also attended by the Chief Magistrate Salesi Temo, the Chief Registrar, and Supreme Court judge Sir Moti Tikaram. The CJ informed the meeting that he and two senior judges, Justice Fatiaki and Justice Scott drafted a legal advice to the given to the President. The affidavit states that when Justice Shameem raised the question of legality and what would happen if the matter were challenged in the High Court, the CJ replied that it would be dealt with by an independent tribunal. Justice Fatiaki is hearing an application by the Citizen's Constitutional Forum on the illegality and unconstitutionality of the current President's decision to reappoint Laisenia Qarase as Prime Minister. Fatiaki was specifically assigned by the CJ to hear the case. The CCF is asking Fatiaki to disqualify himself from hearing the case for reasons of his actual or perceived bias. Fatiaki is refusing to disqualify himself. |
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People's Coalition Government - Fiji Islands |
