Justice Jitoko Calls Case In Closed Court

Well bloggers, here we go again. SV urges Qarase to appeal Byrnes ruling before a single Judge of the Supreme Court. It is sad that the interim government is guilty of ‘Judge shopping’ because this is the 2nd time it has ‘shopped’ for Judge Byrnes to over-rule Judge Jitoko. The 1st time was in the Hannah matter. Qarase and the SDL cannot be said to ‘shop’ because at the end of the day, it is Gate’s or more correctly Shameem who determines which Judge gets to hear which matter. Well the truth cannot be suppressed permanently because it will come back and bite you back. Blog on ragone!

Publish date/time: 18/11/2008 [12:55]

High Court Judge Filimoni Jitoko today called the People’s Charter case taken up by former Prime Minister Laisenia Qarase and the SDL in closed court.

Judge Jitoko accepted the stay order granted on his ruling to stop all the Charter work by Justice John Byrne.

However, state lawyers and lawyers for the SDL confirmed that Justice Jitoko raised questions and sought clarification from the state on the procedure and the manner in which the stay was obtained by the state from Justice Byrne late Friday afternoon.

Justice Jitoko had given the SDL options to either appeal the stay order directly or to deal with the matter through the Appeals Court.

The case will be called on Thursday for mention before Justice Byrne in the Fiji Court of Appeal.

It had been confirmed that Justice John Byrne will deliver his ruling on Thursday to explain the grounds and reasons why he issued a stay order.

Court Officials have confirmed to Fijivillage that Judge Byrnes has asked them to notify the media to be present when he gives his reasons as the stay has generated a lot of attention.

 

16 Responses to “Justice Jitoko Calls Case In Closed Court”

  1. Mark Manning Says:

    This will be interesting !

  2. Budhau Says:

    Judge shopping really bad remember how they tried to get the Chandrika Prasad case transferred out of Gates court.
    What exactly are you guys arguing about regarding the Jitoko injunction and the stay order.

    First of all the Jitoko injunction was wrong – there can be no injunctive relief or an order for specific performance against the state.
    On something that is obviously wrong any judge would order a stay pending appeal.

    So then there is the issue of judge shopping – true had they gone back to Jitoko, it is very likely that he would not have ordered a stay on his own order – as a good lawyer, Aiyaz looked at other options available.

    What I cannot understand is why is Qarase doing this – what he seems to be doing is not legal but political – an attack on the Judiciary and in the long run that will hurt us even more. We will have a military rule with no judiciary. Remember how they got rid of the supreme court by one the decrees after Speight.

  3. soro Says:

    Boidada sara na vakasama lialia ninini ni bush curry lawyer.

  4. FijiGirl Says:

    Vinaka Judge Jitoko!

    And while you’re at it, Mr Prime Minister dina saraga, please can you get yourself some REAL LAWYERS.

    Please engage Jon Apted, Everett Leung, Richard Naidu, Our Vice President Ratu Joni Madraiwiwi, Tupou Draunidalo, CJ Daniel Fatiaki – or even all of them – with a bit more savvy to advise you on how best to tackle these parasites that have usurped you.

    Now is not the time to stick to your friends. Now is the time to get THE BEST legal minds in the country behind you so we can ALL jettison the illegal regime of all time losers.

    Please think outside the box, Mr Prime Minister Dina. We need you to engage the best legal minds that Fiji has, instead of the best that SDL has.

    God bless Fiji

  5. Dauvavana Says:

    Okay the bushcurry dalit lawyer is now doing what he does best; talking from his rear again and spewing out sewer.

    Just a slight reminder, it is now 5pm in Suva, less then an hour to start on the dalit sewer run collecting buckets house to house…………..better run along dalit, the warriors shit needs to be collected or else we will deport this useless dalit back to Culcutta

  6. F.I.R.M Says:

    Budhau nanuma ga na niqona set

  7. EnufDictatorship Says:

    And where has lamusho Judge Byrnes disappeared to? To the Hague…again!!! levu ga na round-tui-boto tiko on taxpayers’ money…dou yavu MACAWA!!!! Thieves!

  8. EnufDictatorship Says:

    Correction…not Byrnes who went..it’s that illegal S-G Pryde..ko se baci qai.

  9. hopefiji Says:

    Fiji Girl

    I think you should think before you open your trap. It’s an insult to people like Niko and other locals, who have accepted to represent people like Qarase and others. And I’m sure he is doing it for free or for very little. Lawyers dont come cheap and need both personal and professional courage to take on such cases. Will be interesting to find out if Munro Leys, Howards and others acutally volunteered their services free or otherwise.

    On the issue of the exparte hearing by Byrnes. Common on guys ..let’s not be naive here..hannah’s case was not the first…Byrnes did it to Judge Jiten Singh in Heffernan’s matter…same thing….as Qarase case.

    The problem has been all along the Fiji Law Society and its members have been a bunch of spineless big mouth all show no action losers. The dismal state of Fiji’s judiciary and the continued presence of the unlawful regime is direct result of the lack of spin by by the FLS and its lack of spin members who claim to be experts in human right’s and constitutional law.

  10. EnufDictatorship Says:

    I second you hopefiji re. our spineless FLS….they are our last resort but no guts like their Paki counterparts, who walked and bled on the streets of Pakistan to protest how their fellow professionals were being treated and, thus, the country as a whole.

  11. LUVfiji Says:

    I tend to agree with FijiGirl’s call for the SDL to seek better legal representation. That certain crop of lawyers have proved themselves, as we recently saw with Ballullu Khan’s case. Damn the man, but he knew who to hire when it came to fighting the Judiciary in its current dismal state – and thats getting nothing less than the best. Victory for the SDL is victory for us all freedom fighters. Just my 2c thought!

    Another great day with SV!

  12. Budhau Says:

    Bale is a SDL guy, and SDL is fighting that other case – that reminds me of a old saying, “The man who represents himself in court has a fool for an lawyer.”

    EnufDictatorship – regarding the FLS’s Paki counterparts – how many times have I brought that up in here – and they say I am a coup sympathizer
    .
    BTW – our judiciary has been screwed up for a very long time – with all the bickering that we had after 1987 and 2000, I think they should have brought in a neutral, well qualified, expatriate Chief Justice instead of putting Fatiaki in there as the CJ and we won’t be in this shit – at least as far as the judiciary is concerned.

  13. Save the Sheep Says:

    Just because it is or was SO doesn’t mean it needs to remain SO..

    Whatever happened in the past the events of December 2006 and since means that all of the things be raised need to be addressed once and for all.

    Please let us not argue on a ‘tit for tat’ basis. What happened recently with the Judicial rulings was clearly borderline legally and clearly wrong morally.

    It is beyond time that people in the Judiciary got in touch with the VALUES and got over the technocratic application of the law which is nothing less than taking a cheap shot at the community.

  14. Keep The Faith Says:

    What strikes me as most odd in this story as the need for Justice Byrnes to almost be calling a press conference to justify what he did.

    History in the making folks that the judiciary feels the need to explain itself…just make the ruling and get on with it man.

    Now if only we can get the media to ask questions like a real press conference. Byrnes is so deluded and possess such an inflated view of himself I wouldn’t be surprised if he went along with Q&As.

  15. kini Says:

    E tiko beka e vei na vale nei boci qo? Me qai lai dua mada na kena tavaya ni benisini, kei na kavuru nei mereseini. Hey, whats good for goose is also good for the gander? Hey accident do happen?

  16. Fiji Democracy Now Says:

    This is the text of the comment we posted on Fiji Times today.

    We are alarmed that Justice John Byrne saw fit to rule that nobody can take an injunction against the State in civil proceedings.

    Unlike the former Soviet Union or Hitler’s Germany, such legal recourse is not an uncommon occurrence in democratic countries, and of course there is precedent for it in our own country.

    So, we take the point that by manoeuvring behind the scenes to secure an ex-parte hearing the interim attorney-general effectively prevented the SDL’s lawyer from arguing the legal foundation of the case as originally put to Justice Jitiko, a factor which automatically rendered Justice Byrne’s ruling one-sided or seemingly biased.

    We also agree with the Fiji Times and Justice lan Lloyd that the courts should be open to the media and that hearings in camera should be allowed only under exceptional circumstances.

    But, taking into account the contemporary reality of our beloved nation, which is being administered by a ruthless and seemingly unprincipled military-backed regime, are these not issues that only scratch the surface?

    We think the rea issue here has more to do with a string of striking coincidences than it has with issues of law.

    The way our military-backed regime would have it, there was only one judge available late on Friday 14 November 2008 when it sought an ex-parte hearing to secure a stay of a ruling that had been successfully sought by the former government party, the SDL

    But, coincidentally, the regime found themselves appearing before the very same Judge who also was the only one available on at least two previous occasions when the regime found itself in legal difficulty.

    Also coincidentally, on each of those occasions, including on 14 November, this particular judge found in favour of the regime.

    This smacks very much of what is known in polite society as “judge shopping”.

    It’s an issue no less serious than the torching of Justice Gordon Ward’s home after he fell out with Sayed-Khaiyum.

    It reminds us once again that our dictator and his cronies regard themselves as being completely above and beyond the law of the land.

    God willing, at the end of the day they will discover that they are not, and they will be dealt with accordingly.

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