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SUVA: Emergency rule has been re-imposed in Fiji, which is due to last for a month, following the return of deposed prime minister Laisenai Qarase to Suva for the first time since the bloodless December's coup, announced coup leader Commodore Frank Bainimamara on a commercial radio.

Qarase returned to Suva on Saturday after eight months in exile ahead of a court case in which he wants the December 5 coup against his government declared illegal.

When contacted by local media, he said he would not bow to threats from the military and denied he had been campaigning against Bainimarama's regime.

Under the emergency powers, some constitutional rights were withdrawn and the authorities can detain people without trial.

The regime's Interim Attorney General Aiyaz Sayed-Khaiyum did not give details of how the state of emergency would be applied. He also refused to say whether Qarase could be put under house arrest in Suva.

Earlier this week, six judges from New Zealand and Australia resigned from Fiji's Court of Appeal because of concerns over how the court is run.

In June, Malaysian lawyer, Mah Weng Kwai, who is also the President of LawAsia, resigned after a week as the Commissioner of the Fiji Independent Commission Against Corruption to avoid a perception that LawAsia was endorsing the regime.

Bainimarama justified the coup by alleging Qarase's government was corrupt and favoured the indigenous Fijian population over the ethnic Indian minority, which makes up about 37 percent of the population of 900,000.

On January 3, Chief Justice Daniel Fatiaki and Chief Magistrate Matanitobua were told by the military to take immediate “voluntary” leave and in his place, Justice Gates was appointed on January 16 as the acting Chief Justice of Fiji.

A day later, Gates issued instructions to the Acting Chief Registrar that Fatiaki was not to be allowed into his office and that there was to be no communication with Fatiaki while he was on leave.

Then on January 18, Fatiaki was suspended.

Till today, Fatiaki remains suspended and the interim administration's promise to the European Union pursuant to Article 96 of the Contonou Agreement that the Tribunal to investigate Fatiaki would be appointed by July 15 has not been kept.

Fatiaki has since filed (2 weeks ago) judicial challenge against his suspension and included recent appointments to the High Court Bench of Justices Byrne, Mataitoga as well as Magistrates.

The appointment of new Malaysian judges against this background has, therefore, raised some eyebrows. Some analysts are saying by their appointments from an illegally constituted commission and against the background of a so called civilian administration which has the hallmarks of a military dictatorship, these individuals may unwittingly lend themselves open to the perception that they either support or acquiesce in the events of December 5.

However, it is not known whether Datuk Dr Cyrus Das and Datuk Cecil Abraham have agreed to the appointment prior to the announcement by the Interim Attorney-General.

It has now become a matter of concern that there is a serious erosion of the rule of law in Fiji, including the manner in which the Court of Appeal has been effectively "dismembered."

The Law Society of Fiji is on the side of Fatiaki.

Sources: From various news agencies.

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