The Petition of William Roberts Marshall QC, SC Resident Justice of Appeal Fiji since 16th July 2010
1. This petition is addressed to the Prime Minister, Commodore Voreqe Bainimarama and to the Military Council.
2. One object of this petition is to explain, with evidence supported by documents, that since 9th April 2009 there have been progressive inroads into the independence of the judiciary which process has culminated since mid-April 2012 in a judiciary which at all levels now does what it perceives is required of it by the Executive. At all levels, judges having heard the evidence, having researched and found the applicable law, and having listened to the submissions of the parties now ask themselves,” Now what would the Attorney General like my decision and judgment in this case to be?” and make their judgment and orders in line with their answer.
3. A second object of this Petition is to persuade you that you should change this Executive policy forthwith. The commendable objective central to your dismissal of the Qarase government in late 2006 was to have a nation where everyone regardless of race are Fijian citizens; where government is inclusive rather than them extractive, multi-racial rather than racist, and honest rather than corrupt. Such a government is transparent in its actions so that its citizens can appreciate its problems and performance. If there is nothing to hide then transparency will be appreciated by informed opinion and that good opinion will trickle down to the grass roots.
4. A transparent non-corrupt inclusive government which values and abides by the rule of law has a chance of being elected whenever, inevitably, some kind of electoral process is put into action and Fijians must vote. You have said you will win in 2014 against Qarase and the SDA. But you will not if the perception of voters is that your government has undermined the rule of law to the detriment of innocent individual citizens of Fiji who have become victims of miscarriage of justice. Another matter is that citizens of Fiji do not want a government which if they have a civil or criminal case before the courts, will ensure a result in favour of the Executive. They see confidence in the independence and impartiality of the courts as essential.
In the 143 page petition, Marshall says Khaiyum deliberately instigated a campaign to destroy the rule of law in Fiji and tells Bainimarama he must dismiss him or pass the reins on to someone in the ‘Military Council who will.’
Marshall recommends Khaiyum be exiled to Rotuma like Apolosi Nawai and be given no access to the Internet. He also suggests:
a) the Chief Registrar (Justice Arachchi, whose contract was terminated last week) be dismissed
b) Chief Justice Anthony Gates be retired
c) Nazhat Shameem be appointed Chief Justice
d) If she doesn’t accept, it should go to Justice Salesi Temo
d) Shaista Shameem be appointed to the office of Attorney General
e) And William Calachini made Independent Legal Services Commissioner
f) And judges from Sri Lanka serving in the Court of Appeal and Supreme Court be dismissed
In the following excerpts from petition, Marshall details the Machiavellian actions of Khaiyum:
To read the full transcript
Click on this link ~ Final Petition of William R Marshall_rvse