Identifier
Created
Classification
Origin
09SUVA219
2009-05-26 05:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Suva
Cable title:  

FIJI DE FACTO GOVERNMENT APPOINTS JUDGES AND WEAKENS LAW

Tags:  PGOV PREL PINR KDEM FJ 
pdf how-to read a cable
VZCZCXRO2349
PP RUEHAP RUEHKN RUEHKR RUEHMJ RUEHPB
DE RUEHSV #0219/01 1460559
ZNR UUUUU ZZH
P 260559Z MAY 09
FM AMEMBASSY SUVA
TO RUEHC/SECSTATE WASHDC PRIORITY 1284
INFO RUEHBY/AMEMBASSY CANBERRA 2250
RUEHWL/AMEMBASSY WELLINGTON 0315
RUEHPB/AMEMBASSY PORT MORESBY 1702
RUEHMJ/AMEMBASSY MAJURO 0765
RUEHKN/AMEMBASSY KOLONIA 0337
RUEHKR/AMEMBASSY KOROR 0221
RUEHLO/AMEMBASSY LONDON 0178
RUEHFR/AMEMBASSY PARIS 0178
RUEHKO/AMEMBASSY TOKYO 0173
RUEHAP/AMEMBASSY APIA 0268
RUEHDN/AMCONSUL SYDNEY 1103
RUCNDT/USMISSION USUN NEW YORK 0431
RUEHBS/USEU BRUSSELS
RHHMUNA/HQ USPACOM HONOLULU HI
RUEKJCS/SECDEF WASHDC
UNCLAS SECTION 01 OF 02 SUVA 000219 

SENSITIVE

SIPDIS

PLEASE PASS TO EAP ACTING A/S DAVIES

E.O. 12958: N/A
TAGS: PGOV PREL PINR KDEM FJ
SUBJECT: FIJI DE FACTO GOVERNMENT APPOINTS JUDGES AND WEAKENS LAW
SOCIETY

REFS: A) Suva 124 B) Suva 131

FIJI JUDICIARY SLOWLY REPLENISHED
----------------------------------

UNCLAS SECTION 01 OF 02 SUVA 000219

SENSITIVE

SIPDIS

PLEASE PASS TO EAP ACTING A/S DAVIES

E.O. 12958: N/A
TAGS: PGOV PREL PINR KDEM FJ
SUBJECT: FIJI DE FACTO GOVERNMENT APPOINTS JUDGES AND WEAKENS LAW
SOCIETY

REFS: A) Suva 124 B) Suva 131

FIJI JUDICIARY SLOWLY REPLENISHED
--------------


1. (SBU) On May 22, Fiji's senior judicial positions were partially
repopulated, as the de facto government appointed a new Chief
Justice and four Judges of the High Court six weeks after the
constitution was abrogated and the judiciary sacked on April 10
(reftel B). Five High Court Judges led by reappointed Chief Justice
Anthony Gates accepted appointment under a Decree setting up a new
judiciary. This decree also prohibits enquiries into the abrogation
of the constitution and legal challenges of all actions by the
interim government since the Dec 5, 2006 coup. Chief Justice Gates
and fellow re-appointed judges Davendra Pathik and John Byrne, an
Australian, had earlier ruled in the High Court that the Dec 5, 2006
coup was lawful (reftel A). (This ruling was later overturned on
April 9, setting the stage for the abrogation of the constitution.)
Joining them on the bench are Suva lawyer Sosefo Inoke and Daniel
Goundar, a fearless young judge who previously sentenced two
soldiers to prison for the murder of civilians in 2007. De facto
Attorney General Aiyaz Khaiyum said he is confident he will soon be
able to fill the remaining High Court positions. In the meantime,
the High Court has re-opened, and, in the absence of the senior
Australian, New Zealand and Pacific Judges who usually sit on the
Appeal and Supreme Courts, these newly appointed High Court Judges
will concurrently sit on the Appeal Court.


DE FACTO GOVERNMENT ASSUMES DUTIES OF FIJI LAW SOCIETY
-------------- --------------


2. (SBU) The de facto government moved swiftly over the weekend to
implement a new Decree aimed at silencing the Fiji Law Society
(FLS). Decree Number 12, signed by President Iloilo, removes the
powers of the Council of the Law Society to license and discipline
lawyers. These powers now reside with the de facto Attorney General
and the Chief Registrar of the High Court. At about midday on May
23, the Acting Chief Registrar, former RFMF Major Ana Rokomokoti
obtained the keys to the office of the FLS and seized all of its
files containing complaints against lawyers. The FLS is a statutory
body established to regulate the legal profession, license lawyers
to practice and to discipline and, if necessary, to expel lawyers
who breach the code of ethics and the law. From July 1, all lawyers
in Fiji will have to apply to the Chief Registrar to be licensed to
offer legal services. These licenses, which had been subject to
annual renewal, must now be renewed every six months. The FLS has
been a vocal critic since the coup of December 2006, and
particularly since the abrogation of the constitution and sacking of
the judiciary.



GOVERNMENT ACTIONS EXPECTED
--------------


3. (SBU) At a May 25 reception hosted by Acting NZ High
Commissioner, Ratu Jone Madraiwiwi told the Ambassador the de facto
government's actions were not surprising or unanticipated. He said
Fiji's lawyers would have no choice but to make the practical
decision and abide by the new regulations. He added that there was
growing unease within the FLS among most members over the intent of
FLS president Dorsami Naidu's desire to oppose the new regulation.
The appointment of Chief Justice Gates and the others was a
non-controversial event with Gates himself saying over the weekend
that his decision to resume the Chief Justice position was an effort
to maintain an independent judiciary rather than a political one.


COMMENT
--------------


SUVA 00000219 002.2 OF 002



4. (SBU) The unilateral decision by the de facto government to
relegate the FLS to a voluntary organization was another predictable
action that allows it to circumvent any opposition to its desire to
reshape governance in Fiji. It is not surprising that we hear
lawyers will accept the new legal order because of their need to
maintain their client base.

MCGANN