The Rule of Law should be in place.
Those were the words of Queens Counsel Nye Perram representing Ousted Prime Minister Laisenia Qarase and others in the December 2006 case, which came to an end in the Suva High court earlier this afternoon.
Perram stressed the country is in a difficult position and the only solution is for the rule of law to be enforced. Perram in his closing submissions to the court said the court has to rule the actions taken on December 5th 2006, were unlawful.
Perram told the court that the counsel for Commodore Frank Bainimarama are largely throwing sand at the eyes of the court and are creating more debate than providing evidence.
He also reiterated Qarase had asked for Military assistance on December 5th 2006 but the intention was to solve the situation in a good manner just like RAMSI operations in Solomon Islands.
Perram said there was no need to use the Doctrine of Necessity powers as the President should have used the Chandrika Prasad court ruling which meant that parliament should have been recalled.
He said everything ruled in the Prasad case after the May 2000 coup will be nonsense if the court rules this time around that there were extraordinary powers which was used in December 2006.
Qarase's lawyer also said the court has been deprived of some major evidence, as the President and those close to him during December 5th, did not come to court for the case.
Perram then questioned the court why President Iloilo appointed Commodore Frank Bainimarama as the Interim PM, and no one else. He said Bainimarama's legal counsel has also failed to provide evidence on why Bainimarama was appointed.
Qarase's lawyer then said to the court and I quote "Let us assume everything was right but Bainimarama's counsel have forgotten that the Emergency regulation is over and the legal Prime Minister is sitting in the court" end of quote.
Perram said based on the Chandrika Prasad ruling, the tense situation is over and the interim regime should hand over power to Qarase who is available.
High Court Judge, Justice Judge Byrne then said that if Qarase comes back into power then there will be no fresh elections.
Perram replied that parliament continues to exist, because there has been no dissolution of the House of Representatives and the Prime Minister, Qarase and the cabinet ministers are available, and the constitution provides for it. Another counsel for Qarase, Rachel Pepper gave her submissions and stressed that Qarase had used the word "Former Prime Minister for himself" because he wanted to express that he was removed from his position. The case has ended and the judges, Justice Anthony Gates, Justice John Byrne and Justice Davendra Pathik will deliver the ruling on notice.
Fijivillage News Director Vijay Narayan files this report:
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