MEDIA RELEASE – For immediate use, 15 August 2013

Fiji sentences show continued erosion of rule of law

Sentences imposed by the Fijian High Court on a non-political Suva organisation are a serious restriction on the right to free speech, the New Zealand Law Society says.

“The New Zealand Law Society sees the moves by the Fijian government to pursue this matter as evidence of a continued erosion of the rule of law in one of our closest neighbours,” the convenor of the Law Society’s Rule of Law Committee, Austin Forbes QC, said today.

The Citizens Constitutional Forum Ltd (CCF) and its director, Reverend Akuila Yabaki, were found guilty of contempt of court by publishing an article which contained excerpts from an English report critical of Fiji’s justice system.

The article was entitled “Fiji – The Rule of Law Lost” and it was published in the April 2012 issue of CCF’s quarterly newsletter Tutaka.

The English report which was quoted was prepared by an English Law Society organisation, Law Society Charity. Among its conclusions was a finding that the independence of the Fijian judiciary was in doubt.

After charges were brought by the government, Fijian High Court Judge William Calanchini found CCF and Rev Yabaki guilty of contempt “scandalising the court”. Justice Calanchini has now passed sentence.

Mr Forbes says Rev Yabaki has been sentenced to three months’ imprisonment. This has been suspended for one year, conditional upon him paying a fine of F$2,000 within 28 days. CCF has been fined F$20,000, and both have been ordered to apologise to the judiciary of Fiji within 28 days.

“The deteriorating state of the rule of law in Fiji can also be seen from the latest decree issued by the President,” Mr Forbes said.

“Clause 25 of a decree changing the law relating to IT and computing services states that no court may hear any proceedings or claim which challenges the validity of the decree or any decisions made under it. It appears that in Fiji the courts are not allowed to decide on government actions under this decree.”

Mr Forbes says the Law Society of England and Wales has also condemned the court action and sentences in strong terms.

Background: The 9 August 2013 decision of the Fijian High Court is available at http://www.paclii.org/fj/cases/FJHC/2013/388.html.

The Reform of Information Technology and Computing Services Decree (Decree No 17 of 2013) is available at http://www.fiji.gov.fj/getattachment/07da429d-6ea8-4d41-a452-49fdb184d145/Decree-No-17---Reform-of-Information-Technology-an.aspx.

ENDS

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