“The SDL party and I are disappointed with decision by Justice John Byrne on the stay order granted on the injunction,” he told Fijilive. “From the information I have, the case should have been referred to Justice Filimoni Jitoko, who made the ruling on the case.
“The excuse that I was given that Justice Jitoko and all other High court judges were not available to make a ruling yesterday afternoon therefore the case was taken to Justice Byrnes, in a court of appeal where one judge made the decision on the matter,” Qarase said.
He added that the stay order on the injunction to stop all work of the national Council for Building a Better Fiji and the Peoples Charter was temporary measure. “The actual High Court case is still on and I am hoping that court gives a quick hearing date.”
Qarase and SDL are seeking advice on how to proceed with the case after the second stay order.
The initial stay order directed that all work on the Charter be stopped and that the National Council for Building a Better Fiji secretariat stop advertising the document, stop using government offices or civil servants for Charter work.
As well, it ordered that no appropriations be made from the Budget for Charter work.
The Attorney General’s Office then secured a Court of Appeal stay decision on Justice Jitoko’s ruling late Friday The original proceedings had been adjourned to 10 a.m. this Tuesday for directions on the hearing of the plaintiffs’ originating summons. Qarase and the SDL are plaintiffs in the case and Justice Jitoko has ordered that court costs of $1200 be paid to them.
Meanwhile, Fiji Law Society President Dorsami Naidu has called on the acting chief justice to step in and take appropriate measures to show the country that the judiciary has not been compromised.
“People must have access to institutions of the judiciary and the courts have to be independent,” he told Fijilive.
Naidu said he would bring up the issue at the attorney general’s conference at the end of the month.
