The trial proper of Ousted Prime Minister, Laisenia Qarase and others questioning the legality of the takeover on December 5th last year has kicked off in the High Court.

In his opening submission, state lawyer, QC Guy Reynolds revealed that their principle submissions in the case would be that the events of December 5th and onwards were undertaken under the directive of the President of Fiji.

Reynolds highlighted that the President, Ratu Josefa Iloilo has reserved prerogative powers which he exercised on December 5th, 2006. He also revealed that they concur with the findings of the Fiji Human Rights Commission and called on the judges not to bring before the courts the actions of the President which led to the removal of the government. Reynolds said that the President has sovereign powers and there is nothing that would justify in getting the courts to pronounce how and why exactly the President did what he did on December 5th.

Reynolds went on to say that the President's actions should not be something which should be up for judicial review. He said the plaintiffs, Qarase and others should focus on the key aspect of the case which is to determine whether exact breaches of the constitution took place, from the events of December 5th. He also highlighted that what Qarase and others are seeking is for the court to try and legitimise a coup. Reynolds highlighted a previous incident where a coup was executed in Australia in 1975 through the exercise of various executive powers and was never till today taken to court.

In his opening remarks Laisenia Qarase's QC, Nye Parrom highlighted the events leading up to December 5th and said that they would provide evidence of various correspondences between the RFMF and the SDL government which led to the overthrow of the government last December.

Parrom revealed that on Monday December 4th, 2006, there was a breakdown in communication between Qarase and Government House on a meeting which was to be held on that day. He said that they will provide evidence from the President's Official Secretary, Rupeni Nacewa that there was in fact a mix up of time.

He also highlighted an incident on the same evening when Qarase went to Government House and he was told to walk up to the house if was to go in, and because it was dark and it was an inconsistent order, Qarase returned home.

Qarase's lawyer then highligted that on Tuesday December 5th, 2006, Qarase got a call from Rupenui Nacewa informing him that the President wants to avoid a coup and for Qarase to resign. However according to Parrom the reply from Qarase was  and I quote " if that is the Commander's intention, tell him to go ahead" end of quote. No further evidence on that was revealed.

Parrom also revealed that on the same morning, the Commander met with the President and he said that they will show this through the evidence that Commodore Bainimarama told the President to dismiss Qarase or he will take executive authority and Parrom quoted that the President's reply was "Vinaka vakalevu".

Parrom said that all these things that Commodore Bainimarama and the RFMF are claiming in terms of the President's executive authority and the ten declarations now sought that Qarase did not inform the President, are all their ways to try and show that there was a necessity to carry out a coup.

Qarase and his ousted SDL MP's Sam Speight Junior, Ted Young and Losena Salabula were at the Suva court house to hear the first day of proceedings.

Acting Chief Justice Anthony Gates, Justice John Byrnes and  Justice Davendra Pathik will determine the legality or otherwise of the events of December 5th 2006 as presiding judges in the case. The case has been adjourned to 10am tomorrow.