Fiji’s Judiciary under grave threat

If there is one thing that clearly distinguishes the December 2006 coup
from earlier coups in Fiji it is the swift action to secure control of the
judiciary.

The Chief Justice was ordered to take leave, his office was ransacked,
unspecified allegations were made and a meeting purporting to be a meeting
of the Judicial Services Commission was convened to appoint an Acting
Chief Justice.

The lynchpin of this conspiracy was the illegally appointed Attorney
General, Aiyaz Sayed-Khaiyum. It was he who ordered the Chief Justice to
take leave, it was he who set up the sham Judicial Services Commission and
it was he who signed off on the papers that went to the President to
effect the removal of the Chief Justice.

Then the illegal Interim Government purported to legislate the creation of
a coercive judicial investigative body known as FICAC (Fiji Independent
Commission against Crime and Corruption). This body claims the power to
write its own warrants to search and arrest. Months after the illegal
seizure of the position of the office of Chief Justice, the illegal FICAC
seized the tax records of the Chief Justice and then proceeded to use them
to build a case for his removal.

This much of the travesty of justice was visible to the public. Out of the
public eye other steps were under way to complete the subversion of the
judiciary. In international circles, however, prominent jurists were aware
of what was happening.

In June 2007 the illegal regime sought to appoint prominent Singapore
lawyer, Mah Weng Kwai, who was also President of LAWASIA as head of FICAC.
But he resigned shortly after the announcement of his appointment. This
followed a letter from the president of the Commonwealth Lawyers
Association, Graeme Mew, to LAWASIA expressing concern that Mr Mah’s
appointment would be lending credibility to an illegal regime installed by
force of arms.

In October all six foreign judges on the Fiji Appeal Court bench resigned
en masse. They issued a statement in which they said that acting Chief
Justice Anthony Gates had taken the administration of the court out of
their hands by stopping all communication, and that since their services
were no longer wanted, their only option was to resign. Their statement
went on to say that “They had served Fiji to the best of their ability, in
most cases for many years, and they regretted that a connection they all
valued should end in this way.”

Two Malaysian judges whose appointment to the Fiji bench was prematurely
announced by President lloilo never took up their appointment.

In January 2008 High Court judge Justice Roger Coventry spoke candidly to
the Fiji legal fraternity about his concerns for the judicial system in
Fiji. He told the lawyers present at a farewell organised by the Fiji Law
Society that “the immediate future is not rosy” and there are certain
things lawyers can and should do. Justice Coventry said he decided in
early January to “terminate” his contract after finding himself “unable to
continue sitting”.

“I am concerned that acts, which on their face appear to be unlawful, are
being presumed lawful until the court rules otherwise.

“I am concerned that in circumstances that requires a judge or judges to
take a particular course of action, that that course is not being taken.”

“If you do not draw your line here, then when you do draw it, it will be
many steps back. … Acquiescence is the friend of illegality.”

Then there was the appointment of a new panel of Appeal Court Judges
without the proper process being followed. The Fiji Law Society has called
these appointments illegal and declined to be present at the swearing in
of the panel.

Sitting atop all of this illegality is Judge Anthony Gates, in his
purported role as Acting Chief Justice.

The overturn of his conviction of the Qaranivalu by three independent
overseas judges shows why he did not want to have independent appeal court
judges. The judges concluded “Taking all these matters into consideration
and bearing in mind the seriousness of the allegations we are satisfied
that the Judge (Gates) did say to the Brodies “I will put him away” as
they claim.”

The judges also noted :”Finally as to the facts relating to the allegation
of bias there is the reversal by the Judge of the assessors opinion that
the accused was not guilty of Counts 1, 2 and 4. In Fiji the verdict in a
criminal charge is that of the judge and not the assessors and he may
override their opinions. This is done from time to time but seldom where
the opinions are for acquittal.” Gates has been caught red-handed by a
panel of three judges.

Fiji’s judiciary has never been under such grave threat. The illegal gang
of thieves will not last, that’s obvious. They are falling apart at the
seams now, but let’s hope that the damage to Fiji’s judiciary and our
basic legal rights is not lasting.

Navosavakadua