Regime's Stay Order Decision Appeal Rejected
Issue No: 386 17 January 2001
The appeal by the regime against the High Court's rejection of the regime's stay order application, has been thrown out by the Fiji Court of Appeal.
Throwing out the appeal, the Judge, Justice Casey stated that the declaratory orders issued by Justice Gates had no coercive effect.
The regime had engaged a New Zealand lawyer, Tony Malloy to fight the case. It is understood that Malloy had advised the regime to withdraw the appeal because there was no ground for the appeal to succeed. The regime, however, decided to proceed with the appeal.
The Fiji Court of Appeal has also rejected the regime's application to include additional affidavit evidence in its appeal proper on the Chandrika Prasad case decision. The judge decided that no further evidence than what was submitted would be entertained. It is understood that the affidavit evidence already submitted include affidavits from regime Prime Minister, Laisenia Qarase, Military Commander Com. Frank Bainimarama, and about a dozen or so civil servants stating on oath that the business of running the government is continuing as normal. These have to be properly filed by 12 February.
Meanwhile the High Court this afternoon will hear the Fiji Labour Party's application for an injunction to bar the Constitution Review Commission from sitting any further.