Judicial meltdown? September 4, 2007

What does it mean when six judges resign as a group from the bench of the Fiji Court of Appeal?

The six judges are: Justices Ian Barker, Anthony Ford, Bruce McPherson, Peter Penlington, Robert Smellie and Sir Thomas Eichelbaum.

In a statement issued on Monday by Justice Thomas Eichelbaum, the judges said Acting Chief Justice Anthony Gates (appointed following the coup) had taken the administration of the court out of their hands, Fiji Times Online reported.

Justice Thomas said Justice Gates had not consulted them about the sittings held last week and had not even had the courtesy to ask about their availability.

“As it was apparent to the judges that their services were no longer wanted, they had decided the appropriate course was to resign,” the statement read.

“They had served Fiji to the best of their ability, in most cases for many years, and they regretted that a connection they all valued should end in this way.”

Justice Gates put a brave face on the resignations. The Fiji Times Online quoted him as saying: “We must respect their decisions and they are to be thanked for the past service they have rendered to Fiji.

“I am confident that the Bar and the public will be well served by the appellate courts in the months and years ahead.”

The resignations come on the heels of a legal challenge launched by Chief Justice Daniel Fatiaki against his suspension from office.

Fatiaki has named President Ratu Josefa Iloilo, Bainimarama, interim Attorney-General Aiyaz Sayed-Khaiyum, Justice Gates and 11 others, including newly-appointed judges and magistrates in his lawsuit.

He is challenging the legality of the Judicial Services Commission decision, which met in his absence and recommended in his suspension following the military coup.

He is also challenging new judicial appointments made since his suspension.