By Ryan L. Maness
Impunity Watch Reporter, Oceania
SUVA, Fiji — Justice Coventry, of the Fiji High Court, has dismissed contempt charges brought by interim Attorney General Aiyaz Sayed-Khaiyum against the former vice president of the Fiji Law Society, Tupou Draunidalo. In addition to dismissing the case, Coventry ordered that the AG pay court costs of $20,000.
The charges were based upon Draunidalo’s statement on 14 May; that, “The confidence of lawyers in the judicial system, let alone the public, is shattered.” On 15 June, the AG sought leave to apply for an Order of Committal against Draunidalo. After Draunidalo submitted eight affidavits in support of her position, lawyers from the AG’s office filed papers to discontinue the proceeding. The issue was officially dismissed on 14 November.
In his ruling, Coventry noted that, while several prominent legal professionals had spoken in support of Ms. Draunidalo, the only affidavit in support of the Khaiyum’s claim was a broadcast transcript of the original statement. Coventry also noted that when the AG was pressed to explain why he had filed for the proceeding, “he could do no more than state that the proceedings had been brought in the public interest and, with virtually no change in the circumstances, were being withdrawn in the public interest.” Coventry finished by saying that the AG had acted “irresponsibly” for bringing this proceeding against a woman who was utilizing her freedom of expression.
Seeing no clear reason why this charge could have been lodged, the Justice speculated that ulterior motives may have been involved.
The Solicitor-General, Christopher Pryde, counsel for the Attorney-General, informed the court of his intention to seek an appeal of the ordered costs.
For more information, please see:
Radio New Zealand International — Fiji AG castigated by High Court judge in ruling — 20 November 2007
Fiji Times — Judge roasts interim A-G — 21 November 2007
Fiji Times — Interim A-G ordered to pay $20,000 — 20 November 2007
Fiji Broadcasting Corporation Limited — Attorney-General order to pay $20,000— 20 November 2007
FijiVilliage.com — AG’s actions irresponsible – judge — 20 November 2007
