29 Apr 2005

Fiji military commander may be questioned over abrogation of 1997 Constitution

10:25 am on 29 April 2005

Fiji police are soon likely to question the military commander, Commodore Bainimarama, on the abrogation of the 1997 Constitution during the coup.

Assistant Commissioner Kemueli Bulamainaivalu has confirmed to RADIO LEGEND that police have again opened their investigation file on the issue and will seek legal advice from the director of public prosecutions.

He says the file was reactivated after various coup related cases were taken to court.

Mr Bulamainaivalu says police really want to know whether Commodore Bainimarama's action was a crime, which will be determined by the DPP.

The courts were earlier told that the military commander had acted under the doctrine of necessity.

This was when the High Court ruled that the abrogation was illegal and restored the 1997 Constitution.

When the then Qarase interim regime appealed against the restoration, the Court of Appeal and the Supreme Court also upheld the 1997 Constitution.