Citizens Constitutional Forum Release – Criticism or backhanded compliment?

  

The Citizens Constitutional Forum (CCF) issued a Press Release today in which the Forum asked for the Interim Government to preserve the judiciary's independence . The CCF acknowledged that the Judiciary continued to function following the 5 December 2006 coup as evidenced by the major cases such as the "Qarase v Bainimarama case in 2008 and the appeals case in April 2009, plus the sentencing of the army and police officers responsible for the deaths of Sakiusa Rabaka and Nimilote Verebasaga, reassured people that Fiji's courts had remained independent after the 2006 political upheaval".

 

The CCF has taken exception to the "reported sacking of three magistrates and the termination of employment of at least three prosecution lawyers by the newly appointed Acting Director for Public Prosecutions (DPP) Mr Aca Rayawa"

 

The CCF is entitled to its views and entitled to express it views and the Loyal Fijian has always acknowledged that. Loyal Fijian is also committed to a free and fair judiciary.

 

While on the face of it the "sackings", as described by the CCF are portrayed as arbitrary, Loyal Fijain urges all readers to have all the facts before jumping to conclusions.

 

It is in this regard that the IG needs to step up its game and ensure that it provides sufficient information to the people so that bits and prices are not taken out of context or even deliberately misinterpreted.

 

While it is possible to react angrily to the CCF press release, this would be an over-reaction. The Release is more of a backhanded compliment in that it acknowledges that the judiciary operated as it should when former PM Qarase was given his day in court. And that's the way it should stay, I think we all agree with that,

 

In the interest of fairness and impartiality , the full CCF Press Release is reproduced below:

 

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18 January 2010

 

 

Media Release

 

Government needs to create enabling environment for independent judiciary

 

The Interim Government needs to take immediate steps to create an enabling environment for an independent judiciary in Fiji, so that confidence in the judiciary can be restored, says the Citizens' Constitutional Forum (CCF)

 

"In the aftermath of the 5 December 2006 coup, the people of Fiji remained confident of the independence of our judiciary. This was evident in the range of Constitutional and legal redress cases filed for judicial review, "CCF Chief Executive Officer (CEO) Rev Akuila Yabaki said. "The Qarase v Bainimarama case in 2008 and the appeals case in April 2009, plus the sentencing of the army and police officers responsible for the deaths of Sakiusa Rabaka and Nimilote Verebasaga, reassured people that Fiji's courts had remained independent after the 2006 political upheaval".

 

The reported sacking of three magistrates and the termination of employment of at least three prosecution lawyers by the newly appointed Acting Director for Public Prosecutions (DPP) Mr Aca Rayawa, has renewed fears that the Interim Government maybe intimidating judicial and legal officers.

 

"The judiciary needs to be seen to be independent. If magistrates get sacked soon after making a decision against the government, then one may assume that this government will not tolerate a judgment that does not go in its favour," Rev Yabaki said. "Fear of losing jobs could intimidate judicial officers and law enforcement agencies into being less impartial and to be more favourable towards the government."

 

An independent judiciary is essential for the preservation of the rule of law in a country, as well as for safeguarding good governance principles, human rights and moral values. The lack of an independent judiciary means that people in Fiji will not be able to fully enjoy the basic human rights of the Right to Fair Public Hearing; and the Right to be Considered Innocent until Proven Guilty.

For further information, contact CCF on ph: 3308379 or fax: 3308380.

 

 

 

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Rev Akuila Yabaki

Chief Executive Officer