Lawyer representing the Fiji Law Society has stressed that the courts must make a pronouncement to outline the steps which would be legal and constitutional to appoint an Acting Chief Justice when the incumbent is unable to perform his or her duty due to unforeseen circumstances.

While making submissions for the Law Society to seek a Judicial Review of the Judicial Service Commission's decision in January 2007 to appoint Judge Anthony Gates as Acting Chief Justice, Lawyer Samuel Ram highlighted the CJ has to appoint an Acting before he goes on leave or is not in office and without such directions any meeting of the JSC cannot be lawful.

He also stressed that while Judge Nazhat Shameem chaired the JSC meeting, the other two members, former Law Society President Devinesh Sharma and PSC Chairman Rishi Ram could have lawfully appointed an Acting Chief Justice as they are constitutionally part of the Commission.

He also stressed that in such a circumstance, no appointments to the Judiciary can be deemed to be valid is the JSC was unlawfully constituted.

Judge Justice Andrew Bruce then questioned that while Shameem was purported to have chaired the meeting, Ram and Sharma unanimously agreed and voted that Judge Gates be appointed Acting Chief Justice on certain legal advice that was provided by QC Gerad McCoy to try and help the JSC in ensuring the Judiciary continues to operate.
However, Ram stressed that Devinesh Sharma did not have any authority to bind the Fiji Law Society as he also voted to appoint Gates. Judge Bruce then stated that Sharma being a re-known legal practitioner could have objected and abstained from voting if he did not agree with such legal advice as that provided by McCoy.

The Law Society lawyer also highlighted that there was legal advice provided that the President of the Fiji Court of Appeal cannot be appointed Acting Chief Justice and also revealed that there was directive from the then Deputy Army Commander Commodore Esala Teleni to ignore the advice from Justice Daniel Fatiaki that Judge Justice Gordon Ward would " hold the forte" in his absence.

He stressed that these are serious matters which the courts must hear and make a ruling on to clearly outline how the Judicial Services Commission may operate legally to appoint an Acting Chief Justice in circumstances which arouse when Daniel Fatiaki was suspended by the Army Commander. Lawyers for the State made their submissions this afternoon.