Thursday, April 09, 2009

Lawyer calls 2006 ‘emergency’ a lie

Lawyer calls 2006 ‘emergency’ a lie - 4/9/2009
The alleged emergency behind the events of December 5, 2006 were a 'fictitious lie'.
Laisenia Qarase's lawyer QC Brett Walker made the statement yesterday while submitting their appeal to Fiji Courts of Appeal judges Justice Randall Powell, Justice Ian Lloyd and Justice Francis Douglas.
Mr Walker also told the court the President's decisions made later to confirm, ratify and validate the decisions between December 2006 and January 2007 by military Commander Frank Bainimarama were made upon false, pretended and unlawful advice.
He said the usurper himself, Bainimarama, provided such advice to the President, which was illegal and criminal. He submitted decisions made since the 2006 coup be declared illegal. However Justice Powell informed him it would not be in anyone's favour to declare all the decisions made unlawful.
Mr Walker reiterated the court must not look at problems that may arise if declarations were made but stick to the law in making their final decisions.
He said the court should not be deterred from exercising its discretion to grant relief by considering what may happen.
He added no one was sacred or above the law and the President's decision was also subject to this.
Mr Walker also submitted while the Constitution had not been abrogated by Bainimarama, every decision made had been a realisation of this.
He said Bainimarama and the RFMF had been 'insolent' in the lead up to the coup in assuming that they could make demands of an elected government.
Mr Walker said every act by the Commander had breached the 1997 Constitution.

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