Republic Of Fiji Island v Prasad Case

Republic of Fiji Islands v Prasad [2001] FJCA 2; Abu0078.2000s (1 March 2001) IN THE access OF approach, FIJI ISLANDS ON pull FROM THE HIGH apostrophize OF FIJI ISLANDS CIVIL APPEAL NO. ABU0078/2000S (High judgeship Civil Action No. 217/2000)   surrounded by: 1. THE REPUBLIC OF FIJI First Appellant 2. THE ATTORNEY-GENERAL OF FIJI Second Appellant AND: CHANDRIKA PRASAD answerer   Coram: The Rt. Hon. Sir Maurice Casey, Presiding Judge The Hon. Sir lan Barker, jurist of court The Hon. Sir Mari Kapi, Justice of conjure The Hon. Mr Justice Gordon Ward, Justice of Appeal The Hon. Mr Justice Kenneth Handley, Justice of Appeal Hearing: Monday 19, Tuesday 20, Wednesday 21 and thorium 22 February 2001, Suva Counsel: Nicholas Blake QC, Anthony Molloy QC, Michael Scott, Savenaca Banuve and Jai Udit for the Appellants Ge rancidrey Robertson QC, George Williams, Anu Patel and Neel Shivarn for the responder Date of feeling: Thursday 1 March, 2001 JUDGMENT OF T HE COURT Introduction This appeal is against the judgment of Gates J of 15 November 2000 in which he upheld the continuing validity of Fijis 1997 disposition in proceedings brought in the High Court at Lautoka by the respondent Mr Chandrika Prasad. The proceedings challenged the legality of actions, including the purported abrogation of the Constitution, interpreted by those who assumed control of the State during and after an essay takeover by George Speight on 19 whitethorn, 2000. As a Court of Law, our task is limited to determining legal issues. We pee no jurisdiction or authority to pass judgment on non-legal questions, particularly those of a political nature. The appeal embossed questions as to what had really happened in Fiji after 19 May 2000 and we put on had to decide these questions. We have done this by finding, on the evidence, what actually happened, without considering the political merits or wisdom of what occurred. Our task has been to square off whethe r the 1997 Constitution remains in place as ! the...If you study to get a full essay, order it on our website: OrderEssay.net

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