Canadian Committee protests Fatiaki funding

Issue No: 816; 1 June 2001

 
The Canadian Committee for Democratic Rights in Fiji has lodged a protest to the Canadian Prime Minister for the Canadian government's funding of a trip for Justice Daniel Fatiaki to Canada.

Justice Fatiaki was involved in drawing up the advice to the now deposed President Ratu Sir Kamisese Mara when the elected government was held hostage by terrorists. The advice included advice to dismiss the elected Prime Minister, dissolve the Parliament and abrogate the Constitution. Fatiaki was later assigned a case where the legitimacy of the new President's decisions has been questioned. Fatiaki was asked by the applicants to step aside on grounds of bias. But he refused to do this stating that the applicants had to prove that he was involved in drafting the advice to the President. The applicants filed numerous affidavits, including two from judges, to demonstrate their case. Only then did Fatiaki remit the case to the Chief Justice to assign another judge.

In its letter to the Canadian Prime minister, the Canadian Committee for Democratic Rights in Fiji asked the Canadian Government to reconsider the funding for Judge Fatiaki. It stated that as "a champion of human rights and constitutional democracy" the Canadian Government "MUST NOT be seen to support a member of the Fiji judiciary who supported the abrogation of a legitimate constitution".

The letter also states: "Judge Fatiaki has not exercised professional high standards expected of a judge. Conversely he has been alleged to be on the side the perpetrators of the coup in Fiji on May 19-2000. He is part of the conspiracy that destabilized a very vibrant and just Government. You action, Sir, is needed immediately to put right this grave wrong that has been allowed by your representatives in New Zealand, and our Government."

 

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