Media release – for immediate use
25 March 2009
Fiji – Rule of Law

The New Zealand Law Society and its Rule of Law Committee fully support the concerns expressed in the recent report of the International Bar Association "Dire Straits: A Report on the Rule of in Fiji".

The NZLS President, John Marshall QC, says that there is real concern about the erosion of the rule of law in Fiji over the past few years.

"The IBA report recounts many incidents during this time that are of concern to the international community. Governments, law societies and bar associations, especially those in the Pacific region, must continue to apply pressure for the full restoration of the rule of law and democratic elections in Fiji.

"Allied to this is the need for the restoration of a truly independent judiciary and ensuring that judicial appointments do not have any political purpose. Judges should not be rostered to hear cases on the basis of any such purpose. Nor should they rule on cases determining whether they have been legitimately appointed,” John Marshall says.

Austin Forbes QC, Convener of the NZLS Rule of Law Committee, also says that "the independence of the legal profession must be maintained and there must be no intimidation of it for political or non-democratic purposes".

The IBA report particularly expresses concern about the circumstances under which former Chief Justice Fatiaki was removed from office in January 2007. He eventually agreed to retire as a result of a settlement involving a large payment of money.

John Marshall said that the calibre of the members of the delegation that prepared the IBA report was very high. It included a senior Australia judge and other well respected members from various Commonwealth countries.

ENDS

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