Professor James Crawford (SC), of the
He was also asked to comment on the suspension of Chief Justice Daniel Fatiaki.
“If evidence was available of judicial misconduct against Justice Fatiaki, the appropriate step was for the President to use the process provided for in section 138 of the Constitution,” Professor Crawford wrote in his 13-page brief.
“Military intervention to place him on forced leave was contrary to section 118 of the Constitution, and was not cured by the doctrine of necessity.”
Professor Crawford said the entire procedure of Justice Fatiaki’s suspension and Justice Gates appointment was unconstitutional.
“…[T]he meeting on 15 January 2007 was improperly constituted since Justice Shaheem, who chaired the meeting and signed the recommendation, was not a member of the Commission,” Professor Crawford.
“In the circumstances this non-compliance with section 131 of the Constitution was material and it was not cured by the doctrine of necessity.”
- Crawford is Whewell Professor of International Law at the
and Chair of the Faculty of Law. Crawford has an extensive practice in international law and international arbitration, appearing before the International Court of Justice , International Tribunal for the Law of the Sea, International Centre for the Settlement of Investment Disputes and International Criminal Court tribunals. Universityof Cambridge