What matters is the exercise taken by the President in an emergency situation.

That was the comment from the State Counsel, representing the President, Richard Gordon in the High court yesterday afternoon while responding to the three Court of Appeal Judges in the Qarase/Bainimarama appeals case.

Gordon said under the 1997 Constitution, an emergency situation allows the President the powers to exercise his prerogative to appoint.

Also under the President's powers he is to act on the best interest of the nation so as to address and recognise a crisis.

The appeal case proper which began yesterday is where Qarase is challenging the High Court decision of October last year, where the court ruled in favour of the President that he used his reserved powers and declared that the interim government and its promulgations are legal.

The Case resumes at 9 this morning.