Media release – for immediate use

15 April 2009

Fiji – legal situation

The New Zealand Law Society is extremely concerned at the breakdown of the rule of law in Fiji and believes New Zealand lawyers should not accept appointment to any office under the regime.

The breakdown in the rule of law has seen judges sacked because the governing regime disagreed with a Court of Appeal decision that the regime was unlawful and the President of the Fiji Law Society, Dorsami Naidu, detained after urging judges to remain true to the 1997 Constitution.

In a lengthy interview with TVNZ at the weekend, Mr Naidu said he expected repercussions for speaking out. He was then detained on Monday and released about 11am New Zealand time today.

NZLS President John Marshall QC spoke to Dorsami Naidu shortly before he was detained and offered him the New Zealand Law Society’s full support.

Mr Marshall says that he shares the Fiji Law Society’s view that the purported dismissal of Fiji’s judges is unlawful.

“This is a matter of great concern because the existence of an independent judiciary in any country is vital for the maintenance of the rule of law.

“Similarly, an independent legal profession has a hugely important role to play in the situation that now exists in Fiji.

“Lawyers there, led by the Fiji Law Society, will need to be courageous, will need to resist intimidation and, as best they can, ensure that people’s rights and freedoms are upheld. They will need to work towards a return to the rule of law as soon as possible,” John Marshall said.

Noting that judicial and government legal positions in Fiji have often been filled by New Zealand lawyers, John Marshall said that in his view lawyers should not accept office with a regime that had been found to be unlawful.

“I have spoken to a former FLS president this morning and he strongly believes that New Zealand lawyers should not accept appointment to any office in the regime or as a judge,” John Marshall said.

Mr Naidu, in his interview with TVNZ, had also expressed the hope that New Zealand lawyers would not assist the regime in this way.

ENDS

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