Fiji High Court stands by ruling on interim government

SUVA - Fiji's High Court has stood by its ruling that the country's interim government appointed after the overthrow of an elected administration was illegal.

"I maintain the interim administration is illegal and unconstitutional..." Justice Anthony Gates said yesterday after rejecting the government's application for a stay order on an earlier court decision in November.

Interim attorney general Alipate Qetaki said the government would take the case to the Court of Appeal on February 19 2001.

Rebels toppled Fiji's first ethnic Indian Prime Minister on May 19, holding him and most of his cabinet hostage for 56 days in the name of indigenous Fijian rights.

The military then appointed an indigenous Fijian government led by Laisenia Qarase.

Deposed Prime Minister Mahendra Chaudhry welcomed Gates' latest decision saying it confirmed his party's position that the Interim Administration was illegal.

"It is now for the authorities here to demonstrate to the outside world that the rule of law is respected in Fiji and will be followed."

Mr Chaudhry called on the President, Ratu Josefa Iloilo, to take the necessary steps to execute the High Court's ruling with assistance from Fiji's military.

Fiji's Ministry of Finance should cease all payments and privileges to members of the Interim Administration immediately, he said.

In November, the High Court said Fiji's 1997 multi-racial constitution was still valid despite being abrogated after the coup and ordered Ratu Sir Kamisese Mara, 80, as the legal president to appoint a government from the deposed parliament.

But the interim government said yesterday that Mara confirmed he had resigned back in May.

"I have received confirmation from Ratu Sir Kamisese Mara confirming his decision to retire as president," Qarase said in a statement, noting the resignation took effect from May 29.

- REUTERS and AGENCIES