Heffernan's lawyer challenges Interim Government's stay order
8-Jun-2007 10:05 AM

THE High Court in Suva heard yesterday that the interim regime “has no intention of having its illegal acts scrutinised by the courts”.

Lawyer Dr John Cameron, who appeared for human rights activist Angenette Heffernan, made the comment in regards to a stay order granted to the military by the Court of Appeal via Justice John Byrne on Monday.

Heffernan is taking legal action against the military for allegedly restricting her movements and freedom of expression following the December ousting of Fiji’s democratically-elected government.

Her case is the first direct challenge to the military’s attempts to detain a civilian.

In his submission yesterday, Dr Cameron said that the military’s application to the Court of Appeal “was an abuse of process and should have been refused”.

The Court of Appeal, he said, had no jurisdiction to stay the hearing of Heffernan’s case.

Dr Cameron further queried the appropriateness of appointing Justice Byrne as puisne judge to adjudicate in the Court of Appeal.

He said that Justice Byrne’s appointment by Fiji’s President, on the recommendation of the Judicial Services Commission, was not in accordance with Fiji’s Constitution.

“…it was not as the commission cannot have been constituted in accordance with the provisions of the Constitution, from which it follows that any recommendation made to the President was invalid, and that his appointment by the President is accordingly invalid and of no effect,” he said.

Dr Cameron will request the Court of Appeal to throw out the stay order when it sits on June 11.

The case will be called again on June 13.