Fiji Human Rights Commission Chairperson, Doctor Shaishta Shameem will today make a submission in the High Court case to determine the legality or otherwise of the events of December 5th and the interim government.

Following Doctor Shameem's submissions the counsels for Commodore Bainimarama and others and Laisenia Qarase and others are expected to conclude their submissions before High Court judges, Justice Anthony Gates, Justice Davendra Pathik and Justice John Byrne take time to decide on their ruling.

Queens Counsel for Qarase and others, Nye Perram confirms that they are seeking seven declarations which include the determination of the legality or otherwise of the events of December 5th, whether the President had the powers to dismiss the constitutional Prime Minister Laisenia Qarase and appoint Commodore Bainimarama as Interim Prime Minister and whether Commodore Bainimarama had the powers to remove the President and assume executive authority to appoint a Caretaker Prime Minister and gazette decrees.

Perram has also raised the question on whether President Iloilo on January 16th, 2007 had the powers to ratify or validate all the decisions and decrees gazetted by the Commander and officers of the RFMF since December 5th, 2006. Perram said this is an attempt to make everything lawful which may be unlawful. He also stressed that this cannot make effective a regime that has usurped powers.

He quoted section 45 of the constitution which states that the power to make laws for the state vests in a parliament consisting of the President, the House of Representatives and the Senate. Perram highlighted that the President could not ratify all the laws himself.

Meanwhile as the last court session came to a close, one of the presiding judges, Justice Davendra Pathik asked Qarase's lawyer what the President could have done if he did not have the constitutional powers to act.

He said and I quote "The country had gone to the dogs. What would the President do bearing in mind he had no powers under the constitution. Is there any avenue available to him?" end of quote.

Perram said the President should have acted according to the Chandrika Prasad case where it was ruled that parliament should be recalled to resolve all the issue.

Perram said it was not right for the President to appoint Commodore Bainimarama as Prime Minister as Ratu Josefa Iloilo did not have the constitutional powers to appoint the Commander as PM.