The High Court has today ruled that the decision of the President Ratu Josefa Iloilo to ratify the dismissal of the former Prime Minister Laisenia Qarase and his ministers and to appoint Doctor Jona Senilagakali as Caretaker PM to advise the dissolution of parliament and the dissolution of the parliament itself were valid and lawful acts.
While delivering the ruling for almost three hours on behalf of Acting Chief Justice Anthony Gates, Justice Davendra Pathik and Justice John Byrne, Justice Gates said these acts were valid and lawful as the President was exercising his prerogative powers to act for the public good in a crisis.
The High Court judges have also ruled that President Iloilo's decision from January 4th, 2007 to rule directly pending the holding of a fresh, fair and accurate elections is upheld as valid and lawful.
The judges have further ruled that the President's decision to promulgate legislations in the interest of peace, order and good governance in the intervening period prior to a new parliament is valid and lawful.
The Acting Chief Justice said the judges have also ruled that the grant of immunity by promulgation to the members of the RFMF and others, was similarly within the powers of the President in the emergency and such grant is upheld as valid and lawful.
While delivering the ruling, Acting Chief Justice Gates also highlighted the statement made by President Ratu Josefa Iloilo on January 4th, 2007.
He said all the situations leading to the events of December 5th, 2006 and the events which followed should be taken into account on why the President made those decisions through his prerogative powers.
The High Court has dismissed the originating summons of the ousted Prime Minister and others against Commodore Frank Bainimarama and others.
Acting Chief Justice Gates said the decisions made by the President were necessary and he had to make the decisions swiftly. Although he said the court cannot assess whether the President could have acted in another way however he said it was clear that President Iloilo acted for the good of all the people of Fiji as the action was taken after a long tunnel of civil strife.
Justice Gates said the President had to take direct rule and he also had to take action after the military intervention and he had to take action to ratify the actions from December 5th, 2006 to January 4th, 2007 to move the nation forward under his rule to be assisted by an interim government.
He said the court finds that exceptional circumstances existed not provided for by the constitution and that the stability of the state was endangered. They also found that no other course of action was reasonably available and that such action as taken by the President was reasonably necessary in the interest of peace, order and good government following the events of December 2006.
The High Court ruling also states that the President appointed the interim government to assist him through his direct rule until the next elections.
Acting Chief Justice Gates also shed some light on the court's interpretation of Commodore Bainimarama's appointment as Interim Prime Minister.
