Queens Counsel representing the Ousted Prime Minister Laisenia Qarase and others has stressed that they do not seek to review the decisions of the President Ratu Josefa Iloilo following December 5th 2006 but the court to determine whether there are such powers vested upon him under the Constitution.

Nye Perram stressed that there are no powers under the constitution which allows the Commander to carry out a coup, appoint himself as President of Fiji and appoint a caretaker Prime Minister and there are no powers vested upon the President to appoint a Prime Minister from outside parliament.

Perram, while agreeing that there are necessary circumstances which may allow the President to act outside the constitution, however the Doctrine of Necessity under which such actions have been taken can be scrutinized by the court.

He stressed that they do not seek to review the decisions of the President but to determine if such powers exist based on the fact that the rule of law concept should be followed at all times in relation to any section of the constitution.

Perram listed a number of sections of the constitution but he stressed that the counsel is not questioning the judgment of the President, the decisions of the President and the exercise of his powers but they are questioning whether the President had the powers to appoint Commodore Bainimarama as Interim Prime Minister.

Perram said according to Section 98 of the constitution the President acting in his or her own judgment, appoints as Prime Minister the member of the House of Representatives or Parliament, who in the President's opinion can form a government that has the confidence if the House of Representatives.

The case continues before High Court judges, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik this morning.