Queens Counsel representing ousted Prime Minister Laisenia Qarase has indicated in the High Court that they may push for Interim Prime Minister Commodore Frank Bainimarama to take the witness box and give evidence why he overthrew a democratically elected government.

As the case got underway today, QC Nye Parram highlighted that Commodore Bainimarama has already made it clear through his legal counsel that he will not come and give evidence in the case and will not be allowed to be cross examined.

Parram said the Commander claims he saw it necessary to overthrow the SDL government but does not see it necessary to come forward and give evidence on the matter. He said many issues facing the court of national importance could perhaps be laid to rest if he were to take the stand.

The Lawyer also said they believe Qarase is still the Prime Minister of Fiji as the President nor any other authority, other than section 109 (1) of the 1997 constitution which provides the only legal means to the President to remove a Prime Minister.

Section 109 - 1 states that the President may not dismiss a Prime Minister unless the government fails to get or loses the confidence of the House of Representatives and the Prime Minister does not resign or get a dissolution of parliament.
Parram argues that under these grounds they will show that the actions of the President were invalid and thus all appointments and actions since are null and void.
He said they will show that on Monday December 4th, 2006 there was a breakdown in communication between Qarase and Government House on a meeting which was to be held on that day. He said the President's Official Secretary Rupeni Nacewa will provide evidence that there was in fact a mix up of time.

He also highlighted an incident on the same evening when Qarase went to Government House, he was told to walk up to the house if was to go in and because it was dark and it was an inconsistent order, Qarase returned home.

He then highlighted that on Tuesday December 5th Qarase got a call from Rupeni Nacewa informing him that the President wants to avoid a coup and for Qarase to resign. However according to Parrom the reply from Qarase was that if that was the Commander's intention, tell him to go ahead.

He said that they will show through the evidence that the Commander met with the President on the same morning and told him to dismiss Qarase or he will take executive authority and Parrom quoted that the President's reply was "Vinaka Vakalevu".

There was intervention from lead Counsel for the Commander, Gerrad McCoy and further evidence on the President's conversation was suppressed for now.

Earlier today, state lawyer, QC Guy Reynolds revealed that their principle submissions in the case would be that the events of December 5th and onwards were undertaken under the directive of the President of Fiji.

Reynolds highlighted that the President, Ratu Josefa Iloilo has reserved prerogative powers which he exercised on December 5th, 2006. He also revealed that they concur with the findings of the Fiji Human Rights Commission and called on the judges not to bring before the courts the actions of the President which led to the removal of the government.

Reynolds said that the President has sovereign powers and there is nothing that would justify in getting the courts to pronounce how and why exactly the President did what he did on December 5th.

Both counsels for Bainimarama and Qarase are currently meeting to try and agree on the list of witnesses to be called, the core and central issues in the case and agree on certain facts.

The case is adjourned till 10 tomorrow morning.