LEGAL OR NOT?
7-Mar-2008 11:35 AM

Defence wants Doctrine of Necessity and Executive Power issue dropped

THE main legal argument that will be discussed during the trial of deposed Prime Minister Laisenia Qarase is whether the interim Prime Minister’s appointment by the President was legal.

Defence lead Counsel Gerard McCoy, yesterday questioned if the court has the power to determine if the President’s appointment was right or wrong and what is the power of the court in the case.

McCoy, who flew in from Hong Kong on Wednesday, raised the question yesterday in his opening submission saying that the legality of December 5, 2006 was unnecessary.

He said the issue should be dropped on the Doctrine of Necessity and Executive Power saying the only decision vital in the case was justicability of the decision made by the President.

McCoy informed the three judges Justice John Byrnes, Acting Chief Justice Anthony Gates and Justice Davendra Pathik, that he did not agree to the last question raised by the plaintiff over the Executive Power the President used to appoint the interim PM.

McCoy stressed the point that the President has the Executive Power to make decision, following the appointment of the Interim Government.

But McCoy argued that the alternate power of the President is to preserve the State and that is his duty.

McCoy added that only after evidence is exposed then they will be able to produce detailed framework.

He argued that a question which was raised to be an issue by the plaintiff and respondent 4 on the second day of the trial was inappropriate. The defense counsels said that the fourth question way not necessary.

However, Qarase’s lawyer Queens Council (QC) Nye Perram said if the question was to be removed, the plaintiff would file costs because they had prepared well.

The High Court made an order that the two parties hold its second conference to discuss issues that they would argue during the trial and whether question 4 should be involved or not.

When the matter was called again in the afternoon both parties made an agreement to argue the matter in court.

Perram in his submission on Wednesday suggested there is no such power in the President to make the appointment.

Perram added that the appointment of the interim PM is not the only issue that should be looked at during the trial, but QC McCoy argued that the court should only concentrate on what was done and what was not done prior to the events of December 2006.



By SERUWAIA TAVUKILEVU