Majority of judges stood by 1997 Constitution - Judge

Issue No: 765; 15 May 2001

 
A High Court judge has revealed that a majority of judges stood by the 1997 Constitution when the terrorists attempted to abrogate it.

In an affidavit sworn by Justice John Byrne, it is stated that judges Nazhat Shameem, Ratu Joni Madraiwiwi, Devendra Pathik, Anthony Gates, and John Byrne had committed themselves to the 1997 Constitution.

The affidavit has been filed by the CCF. The CCF is claiming that by being a member of the group which advised the then President to dismiss the Prime Minister, dissolve the Parliament, and later to draft the Judicature Decree which abolished the Supreme Court, High Court judge Justice Daniel Fatiaki should not now sit and judge the case involving the 1997 Constitution.

The Chief Justice Sir Timoci Tuivaga, and judges Daniel Fatiaki and Michael Scott had abandoned the 1997 Constitution when the terrorists claimed that they had abrogated it.

 

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