State Stresses President’s Executive Privilege
The lawyer for Laisenia Qarase and others in the December 2006 High Court case which will determine the legality or otherwise of the December 5th takeover and the appointment of the interim government, wants to use all the minutes of the meetings between the President and Qarase or between the President and Bainimarama leading up to the events December 5th, 2006 as evidence.
State lawyer, McCoy objects to the proposal saying if Cabinet papers are not being made public then why should official communication between the three be made public.
He adds that this would be a step down since the President has executive privilege.
Meanwhile, McCoy said President Ratu Josefa Iloilo could not let the throat of the nation be cut first before he acted. He said the President had seen an extreme situation and acted on it and whether Ratu Josefa Iloilo's decisions were correct or not, is simply beside the point in law.
The case continues before Justice Anthony Gates, Justice Davendra Pathik and Justice John Byrne.
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