PNG’s Sir Mari Kapi assumes key role in Fiji

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Posted on Nov 10 2000
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Port Moresby (Papua New Guinea Post-Courier/PINA Nius Online,) – Papua New Guinean Deputy Chief Justice Sir Mari Kapi will be in the spotlight of the Fiji political crisis.

He is one of three expatriate judges composing the bench of Fiji’s highest court, as the court prepares to handle potentially explosive cases linked to the military coup of May and the intra-military violence of last week.

Sir Mari is one of the longest serving Papua New Guineans on the PNG bench.

He returned recently from judicial duties in the strife-torn island of East Timor, to handle the aftermath of the anti-Indonesian dissension there.

Sir Mari is to sit on the Court of Appeal, alongside New Zealand’s Sir Maurice Casey and Kenneth Handley, of the Supreme Court of New South Wales, Australia.

Sir Maurice, speaking on behalf of the other two judges, said they would rule fairly if they were to hear a case challenging the legality of the military-installed government.

The judges, at their first sitting since the elected government was ousted in a coup in May, said they did not accept or endorse “official acts” carried out since their last session.

These acts, according to longtime Fiji journalist Robert Keith-Reid, would include the military taking power during the civilian-led coup, the ditching of the country’s constitution in favor of rule by decree and the installation of an interim civilian government.

But the judges said they did not repudiate those actions either.

“These are questions which may possibly arise for decision by this court on some future occasions,” the judges said.

“If that were to happen, this court would need to hear full argument in open court before coming to any conclusion.

Fiji Law Society president Chen Young interpreted the statement to mean that the judges wanted to be seen as impartial ahead of likely legal challenges to the validity of the interim government of Prime Minister Laisenia Qarase.

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