Bainimarama should be caretaker PM
That is one of the suggestion put forward by his lawyer
Queens Counsel Gerard McCoy today as the appeal in the Qarase vs Bainimarama case continued.
McCoy said a minister not party to any undertakings or affiliated with the SDL, RFMF or interim government can also be appointed and such suggestion can be put forward to his Excellency the President who will be making the final decision on the matter, and it is not for the court to decide.
He also stated that former Prime Minister Laisenia Qarase is no longer a Prime Minister and he should not be appointed again as a Caretaker Prime Minister because he did not take any steps to recover office two years ago.
McCoy made the statement in reply to the submissions made yesterday by Qarase's lawyer, senior counsel Brad Walker on the suggestion that Qarase should be appointed as Caretaker PM.
Walker had suggested to the court that the judges can suggest that his client takes up the position and then follows the constitutional process to dissolve parliament and call for elections.
However, Bainimarama's lawyer, McCoy told the court that the world is moving and the clock is ticking, and the clock cannot be turned back.
McCoy also submitted to the three Appeals Court judges that the decision is very important which will decide the destiny of the nation and they should see the history of Fiji which had gone through four coups.
He said the public consequences also need to be taken into account as the members of the public are very interested in the case.
Meanwhile, Justice Ian Lloyd questioned McCoy today on whether he had made any enquires to the Supervisor of Election on when will the election be held, to which McCoy replied that he has not.
Justice Lloyd then suggested that it is better for him to get instructions from the Supervisor of Elections on the timetable of elections.
McCoy told the three judges that they should only focus on the stability of the nation and their decision should ensure that it does not cause any instability.
He said their judgment should not be dictated by solutions from elsewhere.
The case will resume tomorrow morning.
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