KEY POINTS:
Fiji's High Court has dismissed the case brought by deposed prime minister Laisenia Qarase that questioned the legality of the 2006 military takeover.
The ruling comes seven months after arguments on the case taken by Mr Qarase's Soqosoqo Duavata ni Lewenivanua (SDL) Party ended in the High Court,
the fijilive.com website reported.
Mr Qarase and his dismissed Cabinet ministers told the court hearing last October that Commodore Voreqe (Frank) Bainimarama had breached Fiji's constitution, acted beyond his legal powers and had not taken the advice of the nation's President.
They also claimed all the decisions and appointments made by the military-led regime since the coup had been unlawful.
Guy Reynolds, lawyer for the coup government, told the hearing it was not Commodore Bainimarama who authorised the takeover but President Ratu Josefa Iloilo, who had exercised his powers under the constitution to dismiss Mr Qarase's government.
He argued the President had reserve powers to do whatever was necessary in a crisis.
A ruling handed down yesterday by Acting Chief Justice Anthony Gates - as head of a three-judge panel including Justices Devendra Pathik and John Byrne - said they found the President's actions during the period in question were lawful and valid.
Other actions the panel upheld as valid and lawful were the appointment of Dr Jona Senilagakali as caretaker Prime Minister and his submission that Parliament be dissolved; the President's decision to rule directly by promulgation; the President's power to promulgate laws and the decision to grant immunity to those behind or involved in the takeover.
Justice Gates said the panel did not consider it appropriate to issue directions on the conduct and timing of elections - a declaration sought by Mr Qarase.
The panel also found the President's actions during the period in question were valid because there was no other course of action reasonably available.
"We find that the President's actions were designed to protect a wide variety of competing interests," said Justice Gates, who was appointed after the coup.
"The constitution remained and remains intact and we therefore find the President's actions to be valid."
Justice Gates began the judgment by reading a summary of reasons given by Commodore Bainimarama for the 2006 coup.
The self-appointed interim Prime Minister said the involvement of key figures from the 2000 coup in the SDL government and the "double-speak" of the SDL government in supporting the rule of law while freeing those who had been jailed for their involvement in the George Speight-led coup were reasons for the takeover.
Other reasons given included the appointment of those involved in the 2000 coup to diplomatic positions, the failure by police to investigate 2000 coup figures, the manipulation of the criminal justice system and the failure of the SDL government to stop Fiji's downward economic slide.
- NZPA
