April 19, 2007

Another legal opinion that judiciary on shaky ground

If you needed further assurance of the ever-increasing shaky legal ground our judiciary is currently on, a new legal opinion has emerged that confirms the illegality of the appointment of Justice Anthony Gates as Chief Justice.

This time the opinion is from James Dingermans QC, the man who was leading counsel to the Hutton Inquiry into the death of UK Government scientist Dr David Kelly in 2003. He specialises in constitutional law and was assisted by his 3 Hare Court colleague James Hawkins in drawing up the opinion.

In short, they say that the Judicial Services Commission which met on January 15, 2007 was unconstitutional and that the appointment of Justice Gates at that meeting, therefore, was illegal.

Download the opinion here.

11 comments:

Anonymous said...

The JSC comprises of 3 post holders - Chair PSC, President FLS and CJ as Chair.
They are in the JSC by virtue of the positions they hold....We have a Chief Justice and he was present and able to attend a meeting of the JSC. Nazhat Shameem is not the Chief Justice and was not eligible to be present at the meeting.

THe Chair PSC's appointment was also illegal and so he had no right to be there either.

the only one out of the 3 who was LAWFULLY a member of the JSC was the President of the Fiji Law Society.

But his duplicity was soon revealed.

Anonymous said...

As Dr Cameron says - they have justified the sacrifice of principle for self-interest....that would sum up Tony Gates and Nazhat Shamimi.

Anonymous said...

Disgusting to the infamous duo!

Anonymous said...

Well with legal opinions like this Justice Fatiaki has a good chance of winning his case, if its heard by impartial judges of course and not these self serving hypocrites. And if he does win, we'll definitely see all the other cases of unfair dismissal lining up to have theirs heard. Everyone can see that the current crop of judiciary heads are politicised but its good to hear it from legal experts.

Anonymous said...

This is probably why the President has deferred his medical trip, as they struggle to find a "legal" way to replace the ailing president with someone from their team.

Anonymous said...

And the judciary is about to get even more pro-military with 2 new appointments in the wings - one to the High Court and the other to the Magistracy....

Keep The Faith said...

Hmm..last anon...we've heard that too!

Good ol Justice Byrnes has been recalled and Ana R for magistracy.

Anonymous said...

Sorry Ana but you got one hell of a fight coming up and you'd better get ready for it.

YOU DON'T BELONG ON THE BENCH YOU LAWLESS TYRANT!!!

kaiviti said...

Let them do it.But we resist to the core.Expose them and their ulterior motives. let the world know.Thx RFC..tell the world like it is.You rock babe.
Send some intelly to investigate Davnesh Sharma.Is he a qualified lawyer?How come he sat in that meeting with two junta supporters.yet he tried to speak against junta publicly.Why all of sudden, he has disappeared and tupou is doing the talking.You liumuri.Must be another Chodri boy.If you are not,then you better publicly admit yr fault.Gates and his cronies are pointing a finger at Fatiaki, four of those fingers are pointing back at them.This time they are coup plotters and have formed the regime and the corrupt double standard judiciary.I hope they are not all two face like gates.

Anonymous said...

Yes....Justice Byrnes was here last month but had to go back for something or another....

Ana R....I guess Gates has convinced Rishi Ram that she should be a Magistrate. Esp now that the Law Society President no longer attends their meetings.

Well, let's just pray for them and our country.

Anonymous said...

Devanesh Sharma is a qualified lawyer....his qualifications are not in doubt, his ETHICS are!