Judgment tomorrow
After listening to submissions from both parties for three days, the three judges, Justice Randall Powell, Justice Ian Llyod and Justice Francis Douglas announced that they will be ready to deliver their ruling tomorrow afternoon.
Earlier today questions were raised on why the Interim Prime Minister has not come to court to give an undertaking that he will allow the constitutional process to take its course if a decision by the Appeals Court is made against them.
Laisenia Qarase's, QC Brad Walker highlighted that the former Prime Minister Qarase had given an undertaking in the High Court in the Chandrika Prasad case that if the decision is made against them, they would step aside and allow the constitutional process to take its cause to return Fiji to democracy.
He said such an undertaking would ensure that no matter what the decision of the court and if relief of some sort is granted to his clients, the Commander would adhere to the ruling and follow the court's directive.
Walker also stated earlier today that the President's decision to confirm, validate and ratify the acts between December 2006 and January 5th 2007 by the Commander and the RFMF was done upon the advice given, which was false, pretended and unlawful.
He highlighted that the usurper himself, being the Commander, provided such advice to the President, which was illegal and criminal.
Walker then went on to question the reasons as to why the current regime is called an interim asking where is the end point as no elections have taken place as required under the 1997 Constitution.
State Lawyer Gerard McCoy stressed the issue at hand is determining the existence of the prerogative powers of the President and that there is no possibility for a court to give an undertaking as relief, to compel the President to do something.
McCoy said the Constitution itself does not compel the President to take any advice, then neither can the Courts.
He said the reality in Fiji is that the Boundaries Commission is still undertaking its work and due to the financial constraints, elections could not possibly be held in the current circumstance.
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