Wednesday, July 04, 2007

Reinstate Fatiaki CJ for want of prosecution.

Tui Savu,


Letter to Fiji Times & Fiji Sun; July 2007

The Petition instigated by Hemendra Nagin and supported by the vast majority of Fiji’s legal fraternity is not a exercise in futility as misunderstood by Bainimarama.

To the contrary, the Petition to be handed to President Iloilo later this week addresses fundamental constitutional Presidential fiduciary duties, which as expected Bainimarama and his advisors fail to appreciate.

President Iloilo pursuant to section 85 of the Constitution is vested with the executive authority of the State of the Fiji.

Section 86 makes him Head of State and confers upon him the symbol of unity.

Section 87 invests upon him the rank of Commander in Chief of the Fiji Military Forces making Bainimarama his subordinate.

President Iloilo suspended Fatiaki CJ on 06/01/07 pursuant to section 138(3)(a)(i) of the Constitution.

This Friday marks 6 months since Fatiaki’s suspension, yet no formal charges have materialised.

The Petition calls upon President Iloilo’s fiduciary duties pursuant to section 138(4) of the Constitution, whereby he can revoke the suspension at any time.

It is uncertain whether any allegation/s of misbehaviour has been referred to a tribunal because AG Sayed-Khaiyum continually faces great difficulty in attracting credible jurists to sit on the Tribunal given Fiji’s political status.

Be that as it may, it is an undisputed fact that President Iloilo ordered Fatiaki CJ’s suspension pending a tribunal’s finding, which after 6 months have not only failed to materialise, but Fatiaki CJ himself is still kept in the dark as to the specific charges against him.

President Iloilo’s response to the Petition will reveal Fiji true political state and the legitimacy of his presidency.

Bainimarama’s obtuse remark referred to above is premised on his willingness to resort to terror, bullying tactics and rule Fiji by the gun, whereas the Petition on the other hand seeks legal redress and exhorts President Iloilo to faithfully carry out his Presidential fiduciary duties in accordance with the Constitution and rule of law.

Should President Iloilo remain steadfast and true to his constitutional Presidential duties, then he should accept the Petition, revoke the suspension and reinstate Fatiaki CJ forthwith pursuant to section 138(4) of the Constitution.

Furthermore, he should terminate all investigations into the allegations against Fatiaki CJ for ‘want of prosecution.’

However, if President Iloilo wavers and rejects the Petition because of Bainimarama’s influence, then he cannot be said to properly fulfilling his Presidential fiduciary duties in accordance with the Constitution and rule of law.

Either response by President Iloilo to the Petition would have achieved its purpose because it will clearly show to the international community Fiji’s true political status.

I, for one support the Petition and call for Fatiaki CJ’s reinstatement forthwith and call upon all right thinking citizens of Fiji and the international community to support the Petition as well.

As I had stated previously, the Petition is not an exercise in futility as misunderstood by Bainimarama and his advisors, but rather something akin to Martin Luther’s 95 Thesis nailed to the Wittenberg Church door and need I remind you of what transpired from the nailing of the Thesis/Petition?

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