published 18 January 2001

Media release

The engagement of a private lawyer Kitione Vuataki by the Qarase regime to defend the Constitution Review Committee in the High Court is highly questionable.

First, why did the regime have to engage a private lawyer when it has numerous lawyers in the Solicitor General's Office who could have done this job? Is it because the Solicitor-General's Office took heed of Justice Gates ruling in the regime's stay order application that the regime was taking cases on its own behalf and not on behalf of the state or the people of Fiji?

Second, the regime's Constitution Commission has at least two lawyers. The Commission's secretary, Walter Rigamoto is a lawyer who has spoken about constitutional matters. The Constitution Commission has also hired a USP lawyer, who is supposedly an expert in constitutional law, for reportedly over $100,000. Why did the CRC not use this lawyer? Is it that he is not capable of handling such cases? In which case the larger question that arises is: if he is not capable to handling such simple matters as an application for an injunction, why hire him in the first place?

Third, if the regime had to go private, did it investigate the market? Why did the regime not put out a public tender for law firms to bid for to take this case up? This is a major breach of government procedures. The Auditor-General, who is so fast in reacting to petty matters, should now investigate this serious breach of government procedures.

Fourth, why did the regime hire a criminal lawyer? Mr. Vuataki has no track record of arguing constitutional cases. He is a criminal lawyer. The case needed someone who had a record of arguing cases of public law. There are lawyers in private practice who are good in this area of law. Why was their service not solicited?

Fifth, why was a government vehicle (reg. No. GM499) used to carry Vuataki, and Ratu Rakuita Vakalabure to the court? The government policy on the use of government vehicles is very clear.

Sixth, what was Ratu Rakuita Vakalabure, who yesterday was paid to receive submissions in Suva, doing in Lautoka Court trying to assist Vuataki?

Seventh, what was the Hansard reporter doing in court tape recording the proceedings? On what grounds did Vuataki get to hire a government paid Hansard reporter?

Eight, how much is Mr.Vuataki paid? Because he is paid from public funds, the taxpayers have a right to know how much was given, or will be given, to Mr. Vuataki.

It is well known that Mr. Vuataki is defending some of those who have been charged with the George Speight terrorist activities. Why did the regime see fit to hire a lawyer who is tainted with defending terrorists to defend the Constitutional Review Commission?

It is now rumoured that the regime is paying Mr. Vuataki a hefty sum of money which can also serve as a payment for defending the terrorists. This is a very serious matter. The regime must come out clean on this. Is it paying Mr. Vuataki a sum which is more than what local experts would have charged? Is it also financing Mr. Vuataki to defend the terrorists?

Signed:
J. Koroi
18 January 2001
People's Coalition Office
Suva
Fax: 380985.