Fijileaks: Yes, the then Solicitor-General Christopher Pryde was answerable to Aiyaz Sayed Khaiyum but so what? By either commission or omission, Pryde was complicit in everything Khaiyum instructed be done against the post-coup regime's opponents.
*Anyone of sufficient character and integrity should have RESIGNED.
Pryde's appointment as Solicitor-General Unlawful and in Breach of the 1997 Constitution of Fiji, Deposed Chief Justice Daniel Fatiaki, 2007:
"That I have read in the Fiji Times of 24 July 2007, that Mr Khaiyum had on the previous day made a press statement announcing that the Fourteenth Defendant, Mr Christopher Pryde, has been appointed to be the Solicitor- General by the JSC. I believe this purported appointment to be unlawful and in breach of the Constitution. I did not attend nor am I aware of any meeting of the JSC, which made such an appointment. The various media reports regarding Mr Pryde and his appointment have given no details of his work experience and qualifications for appointment as Solicitor-General. It has not been disclosed whether or not Mr Pryde has the requisite constitutional qualification namely that he holds or and has held high judicial office in the Fiji Islands or in any other country prescribed by Parliament, or has had 7 years or more of practice as a barrister and solicitor in the Fiji Islands or in any other country prescribed by Parliament. No consultations could have been held with the Attorney-General [Qoriniasi Bale] over Mr Pryde’s purported appointment as the lawful Attorney-General and Minster for Justice has not been discharging the functions of his office since 5 December 2006.
I am informed by undenied media reports and believe Mr Pryde is not a Fiji citizen. No agreement to his appointment could have been given by the lawful Prime Minister [Laisenia Qarase] since, as stated above, he has been in exile in Mavana, Lau since December 2006."
Deposed Chief Justice Daniel Fatiaki's Affidavit, 15 August 2007
IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Civil Action No. BETWEEN:THE HONOURABLE DANIEL V FATIAKI and JOSAIA VOREQE BAINIMARAMA of 2007 Plaintiff First Defendant : *HIS EXCELLENCY RATU JOSEFA ILOILO VATU ULUIVUDA *HONOURABLE JUSTICE NAZHAT SHAMEEM *HONOURABLE JUSTICE ANTHONY GATES *AIYAZ SAYED KHAIYUM *RISHI RAM *HONOURABLE ACTING JUSTICE JOHN BYRNE *HONOURABLE JUSTICE ISIKELI MATAITOGA (now on Fiji Court of Appeal) *ALOFA SERUVATU A N D *JOHN RABUKU *ANARE TUILEVUKA (P.S. Tuilevuka is one of three judges sitting on the Pryde Tribunal) *ANA ROKOMOKOTI *MOHAMMED N SAHU KHAN CHRISTOPHER PRYDE |
Purported Appointment of Solicitor-General Christopher Pryde- Fatiaki Affidavit
118. That I have read in the Fiji Times of 24 July 2007, that Mr Khaiyum had on the previous day made a press statement announcing that the Fourteenth Defendant, Mr Christopher Pryde, has been appointed to be the Solicitor- General by the JSC. I annex a copy of this report marked “DVF23”. I believe this purported appointment to be unlawful and in breach of the Constitution.
119. I did not attend nor am I aware of any meeting of the JSC, which made such an appointment.
120. The last Solicitor-General appointed by the JSC was Mr Nainendra Nand. As Chairperson of the JSC, I have not been made aware of any resignation by Mr Nand, nor has the JSC taken any steps to remove Mr Nand from his office as Solicitor-General.
121. The various media reports regarding Mr Pryde and his appointment have given no details of his work experience and qualifications for appointment as Solicitor-General. It has not been disclosed whether or not Mr Pryde has the requisite constitutional qualification namely that he holds or and has held high judicial office in the Fiji Islands or in any other country prescribed by Parliament, or has had 7 years or more of practice as a barrister and solicitor in the Fiji Islands or in any other country prescribed by Parliament.
122. No consultations could have been held with the Attorney-General [Qoriniasi Bale] over Mr Pryde’s purported appointment as the lawful Attorney-General and Minster for Justice has not been discharging the functions of his office since 5 December 2006.
123. I am informed by undenied media reports and believe Mr Pryde is not a Fiji citizen. No agreement to his appointment could have been given by the lawful Prime Minister [Laisenia Qarase] since, as stated above, he has been in exile in Mavana, Lau, since December 2006.
Harm Suffered
124. I and my family have suffered personal anguish, distress, public humiliation and considerable inconvenience and anxiety as a result of my being unlawfully suspended without charges for over 6 months and in being denied access to personal files and other personal items that remain locked in my chambers to this very day.
125. I was also prevented from attending two overseas conferences and I was unable to undertake private visits to see the Wellington 7s in New Zealand in February 2007 or attend my mother’s 80th birthday, which was celebrated in Auckland, New Zealand in March 2007. I was also unable to attend my youngest brother’s graduation from the Auckland University of Technology in May 2007 or attend my cousin's wedding in Sydney, Australia on 19 May 2007.
118. That I have read in the Fiji Times of 24 July 2007, that Mr Khaiyum had on the previous day made a press statement announcing that the Fourteenth Defendant, Mr Christopher Pryde, has been appointed to be the Solicitor- General by the JSC. I annex a copy of this report marked “DVF23”. I believe this purported appointment to be unlawful and in breach of the Constitution.
119. I did not attend nor am I aware of any meeting of the JSC, which made such an appointment.
120. The last Solicitor-General appointed by the JSC was Mr Nainendra Nand. As Chairperson of the JSC, I have not been made aware of any resignation by Mr Nand, nor has the JSC taken any steps to remove Mr Nand from his office as Solicitor-General.
121. The various media reports regarding Mr Pryde and his appointment have given no details of his work experience and qualifications for appointment as Solicitor-General. It has not been disclosed whether or not Mr Pryde has the requisite constitutional qualification namely that he holds or and has held high judicial office in the Fiji Islands or in any other country prescribed by Parliament, or has had 7 years or more of practice as a barrister and solicitor in the Fiji Islands or in any other country prescribed by Parliament.
122. No consultations could have been held with the Attorney-General [Qoriniasi Bale] over Mr Pryde’s purported appointment as the lawful Attorney-General and Minster for Justice has not been discharging the functions of his office since 5 December 2006.
123. I am informed by undenied media reports and believe Mr Pryde is not a Fiji citizen. No agreement to his appointment could have been given by the lawful Prime Minister [Laisenia Qarase] since, as stated above, he has been in exile in Mavana, Lau, since December 2006.
Harm Suffered
124. I and my family have suffered personal anguish, distress, public humiliation and considerable inconvenience and anxiety as a result of my being unlawfully suspended without charges for over 6 months and in being denied access to personal files and other personal items that remain locked in my chambers to this very day.
125. I was also prevented from attending two overseas conferences and I was unable to undertake private visits to see the Wellington 7s in New Zealand in February 2007 or attend my mother’s 80th birthday, which was celebrated in Auckland, New Zealand in March 2007. I was also unable to attend my youngest brother’s graduation from the Auckland University of Technology in May 2007 or attend my cousin's wedding in Sydney, Australia on 19 May 2007.
FATIAKI: Subsequent Purported Appointments by JSC are ILLEGAL
That I am informed by various undenied media reports and believe that the Eighth Defendant, Mr Isikeli Mataitoga, has been purportedly appointed as a Puisne Judge in breach of the [1997] Constitution and of the High Court Act (as amended by Act No.23 of 2002). This appointment was not recommended by a duly constituted JSC. I did not convene or attend any meeting to recommend such an appointment. It was also in breach of the provisions of the High Court Act (as amended by Act No.23 of 2002).
That for neither of these appointments was there any consultation with the Attorney-General and Minister for Justice (Qoriniasi Bale), nor, in the case of Mr Mataitoga’s appointment, was there consultation with the sector standing committee of Parliament. The lawful Attorney-General has not been performing the duties of his office and Parliament has not been in session since 5 December 2006.
That I verily believe from undenied news reports that 5 new resident magistrates have been purportedly appointed to the Magistrates Courts, namely, the Ninth Defendant, Alofa Seruvatu, the Tenth Defendant, John Rabuku, the Eleventh Defendant, Anare Tuilevuka, the Twelfth Defendant, Ana Rokomokoti, and the Thirteenth Defendant, Mohammed N Sahu Khan. All these appointments are in breach of the Constitution. None were made by a duly constituted JSC. None were made after consultations with the Prime Minister or Leader of the Opposition. It is a matter of notorious public record that the lawful Prime Minister has been in exile in Mavana, Lau since December 2006 and the Leader of the Opposition has not been able to perform his constitutional functions since 5 December 2006.
That for neither of these appointments was there any consultation with the Attorney-General and Minister for Justice (Qoriniasi Bale), nor, in the case of Mr Mataitoga’s appointment, was there consultation with the sector standing committee of Parliament. The lawful Attorney-General has not been performing the duties of his office and Parliament has not been in session since 5 December 2006.
That I verily believe from undenied news reports that 5 new resident magistrates have been purportedly appointed to the Magistrates Courts, namely, the Ninth Defendant, Alofa Seruvatu, the Tenth Defendant, John Rabuku, the Eleventh Defendant, Anare Tuilevuka, the Twelfth Defendant, Ana Rokomokoti, and the Thirteenth Defendant, Mohammed N Sahu Khan. All these appointments are in breach of the Constitution. None were made by a duly constituted JSC. None were made after consultations with the Prime Minister or Leader of the Opposition. It is a matter of notorious public record that the lawful Prime Minister has been in exile in Mavana, Lau since December 2006 and the Leader of the Opposition has not been able to perform his constitutional functions since 5 December 2006.