Fiji: Former VP suggests investigation of judiciary

Former Vice President and former High Court judge Ratu Joni Madraiwiwi has suggested that a commission be established to look into the state of the judiciary.  He told members of the Fiji Law Society that the divide in the judiciary, stemming from the 2000 coup, must be dealt with because it is compromising the good standing of the courts.  The commission would be established with broad terms of reference, would look into what type of role, in any, judges played in the 2000 and 2006 coups, and would make recommendations for the future, including "sweeping" personnel changes.  Madraiwiwi said, "While the time to move on is now perhaps appropriate, the commission would assist in giving some directions to the judiciary and the profession.  In looking back at the operation of the High Court, one is non plussed at the extent to which the protagonists have pursued conflicting agendas and motives oblivious or uncaring about the common weal."

Madraiwi also said that cases concerning the validity of the 2006 coup must be allowed to proceed without interference, though if those cases conclude that the coup was invalid, people should not expect the military to step down.  He believes that this compromise, along with political amnesty, would allow the cases to be settled in an appropriate manner.

Lawyer Graham Leung agrees that changes need to be made.  "Confidence in the judiciary to deliver competent and impartial justice according to law is an essential political ingredient that will foster political stability, enabling an environment conductive to economic growth and national development," he said.  He called on the Bar and the Bench to deal with the fragmented judiciary with decisive action, especially since cases dealing with important constitutional and other issues will come before the courts in the coming months.

Leung is currently under a travel ban, for "going overseas and misleading people about what is happening in Fiji" according to Radio New Zealand's report on statements made by interim Prime Minister Commodore Frank Bainimarama.  Bainimarama asked why Fijian lawyers are defending their own right to travel, but have not protested the travel bans levied against the interim regime by Australia and New Zealand.  Leung was supposed to speak in New Zealand at the Pacific Cooperation Foundation conference, but was turned away from his flight on Monday.

Please see also:
"Madraiwiwi: Fix judiciary"  Fiji Times  (21 July 2007)
"Leung spells out way forward"  Fiji Times  (21 July 2007)
"Madraiwiwi: Investigate judiciary"  Fiji Times  (21 July 2007)
"Bainimarama: Leung can stowaway"  Fiji Times  (17 July 2007)
"Fiji PM defends reasons for travel ban on lawyer"  Radio New Zealand International  (17 July 2007)
"NZ foundation dismayed at Fiji travel ban imposed on top lawyer"  Radio New Zealand International  (16 July 2007)