SUVA, Fiji — Guy Reynolds, the attorney representing Fiji’s interim government in the case to determine the legality of the 2006 coup, presented his closing argument in that case today.  In his remarks, he stressed that the High Court had extremely narrow jurisdiction in reviewing the authority of the Fiji executive.  Specifically, Reynolds argued that the High Court had no power to review the issue because it dealt exclusively with executive privilege. 

According to Reynolds, the Court had only two issues to decide in the case.  The first is whether the executive possesses special prerogative  powers.  Second, whether the President intended to use these powers, vested in him, between December 5th 2006 and January 2007.  Reynolds’ argument was that exigent civil constitutional circumstances required that former President Ratu Josefa Iloilo exercise his executive powers in order to safeguard the welfare of the people of Fiji.  Specifically, President Iloilo appointed the interim government in light of the absence of former PM Qarase and his government’s inability to respond to the needs of the people.

Reynolds concluded his argument by saying that these executive’s executive powers can even cover illegal acts.  Given the extraordinary nature of these prerogative powers, Reynolds argued, the High Court did not have the authority to rule on the issue of the coup’s legality.

 

For more information, please see:

Radio New Zealand International — Fiji president acted under reserve powers during coup, says state lawyer — 18 March 2008

Radio New Zealand International — Fiji constitution allows for review of Presidential decisions, High Court told — 18 March 2008

Fiji Village — Court has no jurisdiction — 18 March 2008

Fiji Village — Inaction forced president to act — 18 March 2008

Fiji Broadcasting Corporation Limited  — ‘Fiji should back President’ — 18 March 2008

Fiji Times — President used powers because of civil crisis — 18 March 2008