Lawyer representing Commodore Frank Bainimarama has today stressed to the three Appeals Court judges that there is nothing between them and the Fiji Human Rights Commission.
As the Qarase verse Bainimarama case continued today, QC Gerad McCoy said that while they are impressed with some of the submissions of the FHRC regarding the prerogative powers of the President, he would like to remind the court that they have nothing between them as the FHRC is just a friend of the court.
McCoy also rejected submissions made by another intervener, the Citizens Constitutional Forum.
He said the CCF has misunderstood their case and has failed in their interpretation of the constitution.
FHRC chairperson Dr Shaista Shameem submitted yesterday that the President has reserved or prerogative powers to act in the best interest of the nation, and he has these powers at all times and can exercise them when necessary, not only during emergencies.
She also pointed out that this case in relation to Qarase and Bainimarama is different from the Chandrika Prasad case of 2000 as the Prasad case was only taken to court to restore the 1997 constitution.
Doctor Shameem said the Prasad case does not have a similarity with the case in relation to the events of 2000 because in 2000, George Speight and the Army Commander both purportedly abrogated the constitution.
She said the Court of Appeal needs to take into account that in the current case, the constitution has not been abrogated.
The Queens Counsel appearing for the CCF said that the limited role of Fiji's President in the constitution facilitates the democratic processes.
Doctor Melissa Perry said the President of Fiji is unelected as he is appointed by the Great Council of Chiefs.
Perry said the President also does not govern and cannot form part of a government.
She also said the President acts on advice.
The CCF counsel, which was appointed as a friend of the court before the appeal case proper began, also highlighted sections 86 and 87 of the constitution which gives the President a symbolic role and do not create a fourth branch of government.
The case continues this hour.
Lawyer denies connection with FHRC
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