SUVA, Fiji – Former Prime Minister Laisenia Qarase brought suit on Wednesday challenging the legality of the December 2006 takeover.  Commodore Voreqe Bainimarama maintains that his coup was necessary to remedy the failure of government, community, and religious leaders to deliver what the populace needs.  Nye Perram, QC, said in his opening statement that Qarase is still the prime minister of Fiji and that the takeover was not allowable under the Fijian constitution.

Perram said, “We are saying that Qarase was still Prime Minister and it was not constitutionally possible for the President to appoint the Commodore as interim Prime Minister. […] What has happened is simply not expressed in the Constitution.”

Lawyers for the state have indicated that they do not intend to call any witnesses.  They have also filed submissions regarding the accessibility of certain documents relevant to the case, namely Cabinet minutes, presidential advice, and discussions between senior state officials.  The issue of executive privilege has been raised.

President Ratu Josefa Iloilo’s official secretary, Rupeni Nacewa, was deposed on Friday with Iloilo’s permission.  The court will determine whether those affidavits will be admitted when it resumes on Tuesday.

For more information, please see:

Fiji Times – Bainimarama tells why – 05 March 2008

Fiji Times – Lawyer: Qarase still PM – 06 March 2008

Fiji Village – Qarase is Still the PM – SDL Lawyer – 06 March 2008

Radio Fiji – People have a right to know coup events: lawyer – 07 March 2008

Radio Fiji – No State witnesses in Qarase case – 07 March 2008

Fiji Times – Details in affidavit, court hears – 08 March 2008