The Citizens Constitutional Forum and its CEO, Reverend Akuila Yabaki has been found guilty of contempt of court by Justice William Calanchini.
The case was taken to court by Attorney General Aiyaz Sayed-Khaiyum after CCF’s newsletter Tutaka published an article titled "Fiji; The Rule of Law Lost" questioning the independence of the judiciary.
In his application, Sayed-Khaiyum had said that the words printed and published by CCF scandalize the court and the judiciary in Fiji on the basis they are a scurrilous attack on the judiciary and lower the authority of the judiciary.
Justice Calanchini said in his judgment, the CCF’s newsletter’s level of publication and circulation was sufficient for the court to enquire whether the publication crossed the fine line between the tolerable and intolerable.
Justice Calanchini also said that in his view, any provision in any piece of legislation, whether it be an Act, Proclamation or a Decree, that purports to oust the court’s jurisdiction with respect to a particular matter, has nothing to do with the independence of the judiciary but is rather a matter of interpretation.
He said he has no hesitation in finding the words that “the independence of the judiciary cannot be relied on” when considered objectively by a fair minded and reasonable person means that there is a real risk of not having his dispute determined by an independent and impartial member of the judiciary. Justice Calanchini said in his view, such a conclusion clearly risks undermining the public’s confidence in the administration of justice.
He further said that this is a serious contempt that is intolerable and has crossed the limits.
The case will be called for mitigation and costs on the 17th of June.
Story by: Vijay Narayan & Tokasa Rainima
