The Three Member Tribunal appointed to conduct an inquiry against the suspended Chief Justice Daniel Fatiaki have questioned whether Justice Fatiaki will appear before them at any stage of the proceedings.
As the Tribunal sat this morning, Chairman Justice Robert Ellicot questioned why Justice Fatiaki's Queen Counsel, Grant Illingworth has made submissions to inform them that that their client's involvement in the hearing will be limited.
Judge Ellicot questioned whether Justice Fataiki will be present at any stage to answer questions which may allow an opportunity to ventilate the allegations made against him.
Illingworth then informed the Tribunal of his client's stance. He read out Justice Fatiaki's affidavit where he states that he fully respects the Judges on the Tribunal but his position is that the constitution specifies who can be appointed to the Tribunal.
Illingworth revealed that Justice Fatiaki also intends to challenge the Jurisdiction of the Tribunal to hear the proceedings.
Judge Ellicot then stressed that even if Justice Fatiaki does not accept their authority, it is a matter of importance, and questioned why he does not come forward and give his evidence.
The Judge stressed to the QC that while there may be some questions on the validity of the Tribunals appointment and its jurisdiction, it is a matter which his client needs to take to the courts.
Justice Ellicot then went on to say that there has been a cloud over the appointment of the tribunal and Justice Fatiaki's suspension, which appears to be dividing the Judiciary in Fiji. He stresses that this is a matter which must be dealt with quickly.
Ellicot said that there were also questions raised after their appointment on why qualified expatriate Judges on the bench in Fiji were not appointed to the Tribunal. He said he views the actions of the interim government in getting qualified judges from abroad as a way of ensuring total independance.
He said that no matter what the outcome of the Inquiry, it can not be said that any member of the Tribunal is associated with the Judiciary in Fiji.
Illingworth said that he will have to seek further directives from Justice Fatiaki on whether he intends to appear before the tribunal at any time as he has been instructed to represent him throughout the proceedings.
Member of the Tribunal Judge Raymond Sears then reminded the counsels that the Tribunal has some powers to summon people to appear if need be.
The Tribunal proceedings has been adjourned till 10am tomorrow for the members to deliberate on concerns of bias raised against Gerad McCoy while Illingworth, and Counsel to the Tribunal Clive Grossman have been directed to meet and discuss matters which could be ironed out by tomorrow.
