The Fiji Human Rights Commission will not be permitted to act as an intervener in the case of the Ousted Prime Minister Laisenia Qarase and others against the Interim Prime Minister and the RFMF.

In their ruling today, Acting Chief Justice, Anthony Gates and Judge John Brynes say that the application is declined as the primary parties in the case are not un-informed litigants seeking to have abuses of human rights addressed.

The Judges say both sides are persons of stature, with access to expertise and to senior counsel, in order to present their claims competently and thoroughly and intervention are not required. However, the FHRC will remain as a neutral party in the case to assist the court where necessary.

The High Court has also ordered that the counter action filed against Qarase, where the state seeks 10 declarations which includes that Qarase failed to inform the President about issues relating to the governance of the state and calling for foreign intervention prior to December 5th, 2006 amongst others, be consolidated with the case and be dealt with at the same time as they are inter-related.

The two Judges stressed that they are anxious that the parties bring forward the contentious and central issues relating to the December 5th intervention and asked that the issues be narrowed down through consultations.

The ruling also states that the application by Qarase's lawyer Tevita Fa, for a postponement of the trial date is declined, however more time has been granted to Fa, to file further documents.

Meanwhile, Fiji Human Rights Commission Director Dr. Shaista Shameem raised concerns with the judges regarding the affidavits from the Official Secretary to the President Rupeni Nacewa and whether it can be used in court.

Shameem said information which Nacewa is privy to, must be classified as executive privileges, as he has access to confidential information and various conversations that the President has.

Justice's Gates and Byrnes then highlighted that the actions of the President is a delicate matter now before the courts and all parties would have to tread carefully. He has recommended that Shameem discuss the issue with the other parties before the court will decide how to deal with the issue.

The case is adjourned for mention on September 24th and the trial date remains on October 2nd.