Tuesday, April 17, 2007

'Rule of law under threat'

www.fijitimes.com - Monday, April 16, 2007

THE rule of law risks being compromised because of uncertainty over the Chief Justice's status and the overt perception that the judiciary is politicised. This was one of the findings of the LAWASIA Observer Mission last month.

In its report, which was released to the public last week, it concluded that while the delay in establishing the tribunal was unfortunate, the failure to provide the suspended Chief Justice, Daniel Fatiaki with particulars of allegations against him was regrettable.

The association, which is the professional body that represents the legal fraternities in the Asia Pacific region, concedes the legality of the tribunal is open for challenge.

However, it notes it is the "most appropriate forum available under the Constitution" in which allegations against Justice Fatiaki would be best dealt with.

Justice Fatiaki yesterday said whether or not the interim administration institutes a tribunal, does not bar him from filing for legal redress.

He was suspended from office by the President Ratu Josefa Iloilo three months ago.

The association stressed lawyers must be allowed to speak openly without fear of intimidation.

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