State lawyers get more time
Thursday August 16, 2007

State lawyers were today given a month to file affidavits of reply by the High Court in a bid to strike out ousted Prime Minister Laisenia Qarase's proposal to seek a court declaration that December's military takeover was unconstitutional.

Qarase's lawyer, Tevita Fa said that the matter will be called on September 11 for an interloctary summons which was filed by state counsel.

However Fa said that the hearing date on October 2 still stands.

The panel of judges include acting Chief Justice Anthony Gates, Justice Davendra Pathik and Justice Gordon Ward who will hear the case.

"The timetable has been sifted to next month to allow the defence counsel the right to reply and for us as well, otherwise the hearing for October 2 still stands," Fa said.



The application by state lawyer Christopher Pryde is on the grounds that the defendants in Qarase's case, the military and its commander Commodore Voreqe Bainimarama have already been granted immunity by the President, Ratu Josefa Iloilo.

Fa said the State's application on the grounds of immunity took away the rights guaranteed under the Constitution.

Qarase is expected to be in Suva by the end of the month.