Iloilo urged to deal with judiciary
Friday September 07, 2007

The Pacific Centre for Public Integrity has called on Fiji President Ratu Josefa Iloilo to immediately deal with concerns of the independence of the judiciary.

"There will be dangerous consequences on the public's right to equitable justice and the rule of law in Fiji if the serious matters of the independence and integrity of the judiciary are not addressed immediately," PCPI executive director Angie Heffernan said in an open letter.

"These concerns surround the suspension of the Chief Justice, the inability of the interim government to establish a tribunal to hear his case, the appointment of an acting Chief Justice and subsequent appointments made by the Judicial Services Commission (JSC)."



She said PCPI is also concerned with the effective functioning of the judiciary after the mass resignation of six eminent judges from the Court of Appeal.

Judges Sir Thomas Eichelbaum, Ian Barker, Tony Ford, Bruce McPherson, Peter Penlington and Robert Philip Smellie had resigned as judges of the appeals court citing concerns about how Chief Justice Anthony Gates is handling administrative matters.

"The resignation en masse of these distinguished and internationally renowned judges reflects badly on the credibility of the Fijian Judiciary," she said.

"If current judges have concerns regarding the functioning of the judicial system, how can the public be expected to have faith in its operation?"

She adds that there is too much emphasis being placed on elections as the roadmap to a return to democracy.

"Elections are only one indicator, and if there is a compromised judiciary, the outcomes of an election can always be overturned by the courts," she said.

"The road to democracy includes ensuring there is an independent judiciary that has the trust of the people."