Fiji military no right to replace Chaudhry, court told

SUVA - Fiji's interim government was illegal because the military had no constitutional right to install it after a racially inspired coup in the South Pacific nation, a court was told yesterday.

Prominent British barrister Geoffrey Robertson told Fiji's Court of Appeals the military had no power to overturn the country's multi-racial 1997 constitution after a coup by nationalist rebels last May.

"The commander of the Republic of Fiji Military Forces had no legal power to abrogate the constitution ... On the constitution itself, the commander acted illegally," Robertson told the court.

Robertson was speaking on the second day of a hearing into an appeal by interim Prime Minister Laisenia Qarase against an earlier High Court ruling that his government was illegal.

Security was tight around the court house and the capital Suva. Many people fear a ruling against the interim government could spark a return to the violence that accompanied the coup.

The appeal is being heard by five international judges -- two from Australia and one each from New Zealand, Papua New Guinea and Tonga. Submissions are expected to be heard into next week and a judgment may not be delivered for some weeks.

Nationalist rebels led by George Speight toppled the multi-racial government of Mahendra Chaudhry, Fiji's first ethnic Indian prime minister, on May 19 last year, saying they were acting on behalf of indigenous Fijians and wanted to curb Fiji's economically powerful Indian minority.

Coup rebels held Chaudhry and most of his cabinet hostage for two months before he was released under a deal made between the military and the rebels.

Robertson argued Chaudhry's coalition government had never been formally dismissed by then President Ratu Sir Kamisese Mara, which meant Qarase's interim administration appointed by the military was illegal and unconstitutional.

"There is no evidence whatsoever that Mahendra Chaudhry's coalition government was dismissed by the then President Ratu Sir Kamisese Mara," Robertson said.

Mara announced during the coup that he had suspended parliament. He was later replaced by his deputy, Ratu Josefa Iloilo, although Mara did not formally resign until December 15.

Military commander Frank Bainimarama said in an affidavit to the court on Monday he had no choice but to act to prevent a total collapse of law and order in Fiji, which he said was on the brink of anarchy.

Rioting broke out in the streets of Suva after failed businessman Speight and his rebels raided parliament and was followed by intermittent violence in the following weeks.

Speight has been charged with treason and is awaiting trial on an island off Suva.

- REUTERS