The High Court today granted the Fiji Law Society leave for judicial review on the decision of the Judicial Services Commission to appoint Judge Anthony Gates as Acting Chief Justice.

In his ruling, High Court Judge Justice Andrew Bruce said the Fiji Law Society did have an arguable case but added that it must be highlighted that the case was not to determine whether or not Judge Gates being appointed as Acting Chief Justice was unconstitutional, but rather whether or not the meeting by the Judicial Services Commission was properly constituted.

However, Justice Bruce shortly after granted a stay on proceedings and leave to appeal following an oral application for a stay and an appeal on his ruling, by lawyer Adish Narayan who represents the JSC and the state.

Outside court, Narayan said they appealed the ruling because, they felt Justice Bruce did not take into account the issue of a substantial delay in the proceedings as a lot of events have occurred and people have been appointed, and because Justice Bruce did not take into account that one of the members of the JSC who appointed Justice Gates as Acting CJ was Fiji Law Society President Devinesh Sharma and also that it was the President who endorsed Gates.

The matter will now be held in the Court of Appeal however a date is yet to be set.