8 Jun 2005

Fiji opposition publishes letter to PM on Reconciliation Bill

7:52 pm on 8 June 2005

Fiji's opposition leader has published an open letter to the prime minister outlining what he says are serious misrepresentations and disinformation in Laisenia Qarase's public statement on the Reconciliation and Unity Bill.

Mahendra Chaudhry says the prime minister claims there will be no interference with the authority and independence of the director of public prosecutions, but under the Bill the powers of the DPP are undermined.

Mr Chaudhry says a politically appointed Reconciliation and Unity Commission will be able to suspend criminal proceedings.

He says this provision usurps the powers of the DPP and as such stands in breach of the Constitution, because the DPP is an independent constitutional office protected from political interference.

Mr Chaudhry says the prime minister claims that "there will be no interference with the authority and independence of the courts."

But Mr Chaudhry says the Reconciliation and Unity Commission will have the powers to ask the courts "to postpone any criminal proceedings pending the consideration and disposal of the application for amnesty."

Mr Chaudhry says under the Bill, a person granted amnesty for a crime for which he is serving a term of imprisonment, shall be "released forthwith on a warrant issued by the president."

Mr Chaudhry says this again has the effect a of overturning a lawful decision of the courts and the prime minister is therefore deliberately misinforming the public when he says there is no interference with the courts.

Mr Chaudhry says overturning a judgement of the courts is unconstitutional.