Earlier the CJ had appointed Justice Daniel Fatiaki to hear the case.

The CCF object and filed an application for Fatiaki to disqualify himself from hearing the case because of his bias. Fatiaki was involved with advice given to the then President, in May last year when the Government was held hostage, to dismiss the elected Prime Minister and dissolve the Parliament. He later was implicated with assisting in the drafting of a military decree.

Yesterday Fatiaki ruled that he was giving the case back to the CJ to assign a new judge. Fatiaki stated: "consonant with what might be considered an excess of caution on my part, and mindful of the applicants deposed belief (however misguided) that I might unconsciously succumb to the human temptation to exact revenge for their calls for an enquiry with a view of my removal, I have decided to take the exceptional step of referring the file back to the Chief Justice for reassignment to another judge…"

But Fatiaki lashed out at the lawyers who called for his removal. He also lashed out at his fellow judges for criticising judges who were involved with advising the President and in drafting a military decree, and for filing affidavits saying that Fatiaki was involved with drafting the advice.

The judgment, and Fatiaki's conduct during this case, has raised much concern at the lack of integrity in certain quarters in the judiciary.

Today the Fiji Times stated that justice was actually denied by Fatiaki. It stated: "Justice Fatiaki .. revealed the bitterness of the split within the judiciary and the legal profession in general over what happened in the days after May 19. His vitriolic attack on fellow judges is unprecedented."

The paper also states: "The whole sorry business - which Justice Fatiaki might have avoided by stepping aside at the earliest stage - does nothing for public confidence in and respect for the judiciary".

Fatiaki had refused to step aside, and had also refused to divulge to the court his own role in the advice to the now deposed President. This forced the CCF to get affidavits from two judges on Fatiaki's role.

The Fiji Times praised the two judges: "The truth is that Justice John Byrne and Justice Nazhat Shameem had nothing to gain and much to lose by telling what they knew. The authorities should now ensure that those two courageous whistleblowers are in no way victimised for speaking out".

Meanwhile it is believed that the Chief Justice has considered assigning the case to Justice Michael Scott. Scott was another judge who was involved, with the CJ and Fatiaki, in the advice to the President and the drafting of the military decree.

People's Coalition Government - Fiji Islands
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Last update: August 27, 2001