As Fiji gets ready for the constitutional case involving Ousted Prime Minister, Laisenia Qarase and others against Commodore Frank Bainimarama and the RFMF next month, it will soon be decided whether both parties will agree to seek court declarations on a number of critical issues.
The High Court has told lawyers from both sides to agree on the number of contentious and central issues of the December 5th intervention so that the court can deal with them at one time.
The Interim Attorney General at this stage is seeking a number of declarations. Ten of the declarations claim that Qarase as Prime Minister had failed to inform the President, in breach of his duty under section 104 of the constitution to keep the President generally informed about issues relating to the governance of Fiji.
One of the declarations sought is the alleged request for the International Police Agency to arrest Commodore Bainimarama in New Zealand just days before the events of December 5th. The Interim AG is also seeking declarations on matters like the exclusion of the military from participation in the National Security Council, the request for foreign intervention, the visit of three Ambassadors to QEB and their attempt to seek Captain Esala Teleni's withdrawal of support for the Commander and the summons also claim that Qarase never informed the President about his meeting with the NZ Foreign Minister and the Commander in NZ late last year.
It now depends on the lawyers of both parties to decide which declarations will be sought and affidavits will be filed accordingly.
The trial proper begins on October 2nd.
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