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Issue No: 830; 7 June 2001
The Chief Justice, Sir Timoci Tuivaga has again undermined the independence of the judiciary. This time Tuivaga has appointed Michael Scott to preside on the case involving the writ of the Citizens Constitutional Forum against the decision of the President Ratu Josefa Iloilo to reappoint Laisenia Qarase as the Prime Minister, and for breaching the Constitution. Earlier he had appointed Daniel Fatiaki to preside over this case. The CCF had asked Fatiaki to disqualify himself for bias. Fatiaki initially refused, but later submitted the case back to the Court for reassignment to another judge. The CCF's ground was that Fatiaki, Scott and Tuivaga were biased because they drafted the advice to the now deposed President Ratu Mara that the elected government be dismissed and constitution abrogated. The appointment of Scott was first predicted by this site (see: http://www.pcgov.org.fj/hot_press/no790.htm). By appointing Scott, Tuivaga has shown absolute contempt for the independence of the judiciary. Tuivaga is reported to be also a supporter of the terrorist George Speight. They met many times in Brisbane when Speight was staying there, and later after Speight released the hostages, Tuivaga warmly greeted Speight to the Fiji Golf Club. It is believed that Tuivaga is trying to get the case delayed to after August. Already Scott has refused to disqualify himself and has stated that the earliest the case can be heard is mid July. The CCF is likely to challenge Scott on his disqualification. This will drag the case to end of July. The substantiative case, then would not be able to proceed until after August. New elections have been scheduled for August. |
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People's Coalition Government - Fiji Islands |
