3 Mar 2004

Fiji judiciary said to be concerned by new appointment to Court of Appeal

9:05 am on 3 March 2004

A high level split in Fiji's judiciary which developed after the May 2000 coup is reported to have worsened.

The Fiji Times reports that this follows a recommendation by the chief justice, Daniel Fatiaki, that High Court judge, Justice Michael Scott, be appointed to the Court of Appeal.

The chief registrar of the High Court, Musuka Tabete, has written to the members of the Judicial and Legal Services Commission saying that the chief justice is facing difficulties with the administration of the Court of Appeal as well as doing his own work since the departure of Justice Jai Ram Reddy for the International Criminal Court on Rwanda last year.

Mr Tabete says Justice Scott's appointment to the Court is necessary because the chief justice of Tonga, who has been appointed president of the Appeal Court, cannot take up the position for some months.

Fiji's Judicial and Legal Services Commission appointed Justice Ward as Appeal Court President late last year but he has not yet been given a contract, although he was in Fiji for several days last week.

A row broke out in Fiji's judiciary after the coup when the then chief justice, Sir Timoci Tuivaga, supported by Justice Fatiaki and Justice Scott, drafted decrees purporting to abrogate the Constitution.

This led to a series of public rows between judges, two of whom swore affidavits supporting an application to disqualify Justice Fatiaki from hearing a coup-related case.

If Justice Scott is appointed to the Court of Appeal, he will be reviewing judgements made by Justices Anthony Gates, John Byrne and Nazhat Shameem, all three of whom opposed his actions during the coup and afterwards.