The President of the Fiji Law Society has today questioned whether the Chief Justice has the powers to reinstate a person who was earlier disbarred from the legal fraternity.

As the case filed by Michael Benefield Senior was called before the Acting Chief Justice Anthony Gates today, Davinesh Sharma highlighted that the Legal Practitioners Act requires that the restoration to the bar should be decided by a committee appointed by the Fiji Law Society.

He questioned whether the Chief Justice, who does have some discretion on applications for appointments to the bar, has the jurisdiction to determine such a case as the laws are not clearly defined on reinstatements of persons who had been removed.

Benefield's lawyer Subhash Parshotam then argued that the Legal Practitioners Act clearly outlines that a person who has been disbarred can be reinstated under the discretion of the Chief Justice through powers vested upon him.

However, both lawyers and Justice Gates admitted that there are no clear legal guidelines to deal with the issue and further research is required from all parties.

Benefield was disbarred after certain allegations 22 years ago however he was acquitted of the charges without conviction.