Another setback for Fiji's interim leaders

2:30 PM

Fiji's interim Government has failed to defeat a High Court ruling declaring it illegal. The interim Government's application was rejected in the Court of Appeal in Suva yesterday.

Justice Sir Maurice Casey dismissed the application for a stay on the declaratory orders made by Justice Anthony Gates, ruling that the court could only nullify Justice Gates' decision on appeal.

"Short of setting aside the judgment, there is no way that the declarations themselves can be nullified, either temporarily or permanently," Justice Casey said.

Gates ruled in November that the 1997 Constitution, dumped by the Fiji army following the coup attempt last May, was still the supreme law of Fiji.

This meant ousted Prime Minister Mahendra Chaudhry's Government was still legally in power and Ratu Sir Kamisese Mara was still Fiji's head of state.

The Fiji Court of Appeal will hear the appeal lodged by Laisenia Qarase's interim Government against Justice Gates' decision on February 19.

Attorney General Alipate Qetaki said in Fiji's Daily Post newspaper today that Justice Casey's ruling would not change how the country was being run.

"In the absence of any coercive effect of that judicial statement, the Interim Government can see no reason why the status quo should not continue until the hearing which is only a month away. This means business as usual," Mr Qetaki said.

Justice Gates ruled yesterday that the Constitution Review Commission should be disbanded immediately.

The commission, which is promising a new constitution by next June, was ruled illegal by Justice Gates in November.

Yesterday's decision ruling followed a writ filed last week by Mahendra Chaudhry and Labour Party President Jokapeci Koroi calling on the commission to be disbanded.

Justice Gates said he would review the judgement after the February 19 Court of Appeal decision.