SUVA, Fiji — The trial challenging the constitutionality of the Fiji Coup of 2006 has taken a new turn.  Last week lawyers for the interim government argued that the Fijian High Court lacked jurisdiction to hear the case and this week they are attempting to argue that certain evidence should not be admitted into the proceedings in the interest of executive privilege.  Specifically, lawyers for the interim government wish to exclude the minutes from meetings between President Ratu Josefa Iloilo, Qarase and current interim Prime Minister Bainimarama that took place prior to the December 2006 takeover.  Transcripts of the meetings have been presented to the High Court by the President’s official secretary Tupeni Nacewa in the form of an affidavit.

Gerard McCoy, QC, a lawyer for the interim government, is arguing that revealing such information would be detrimental both to the public and to the office of the PM.  McCoy stated that the information contained within the affidavit is privileged because, “Nacewa is the passage through which official communications are committed – and parties were not at liberty to oust the crown privilege.”  Furthermore, he said, any information contained in the affidavit would distract the Court from its main purpose, looking after the public welfare.

Qarase’s lead counsel, Nye Perram, QC, countered that this evidence was vital to the Court’s consideration because it could give critical insight into the legality of Bainimarama’s military takeover.  He also argued that the public has a right to know what transpired in the lead up to the coup, “the public only knows what happened outside – and had a right to know the inside story.”

The matter is set for arguments on Tuesday before the Fiji High Court.

For more information, please see:

Radio New Zealand International — Fiji interim government lawyer says High Court has no authority to review President’s actions — 07 March 2008

Radio New Zealand International — Fiji interim government continues to claim executive privilege in legal challenge to coup — 07 March 2008

Fiji Broadcasting Corporation Limited — People have a right to know coup events: lawyer — 07 March 2008

Radio New Zealand International —Fiji court told to consider public interest as interim government claims executive privilege — 06 March 2008