Australian, NZ judges quit Fiji

 from news.com.au

FIJI faces a judicial crisis after six expatriate judges, including an Australian, quit over the behaviour of the country’s military-appointed chief justice.

The six, including Queensland judge Bruce McPherson, informed Fiji’s president of their resignations yesterday.

The other five – Sir Thomas Eichelbaum, Ian Barker, Tony Ford, Peter Penlington and Robert Philip Smellie – are all from New Zealand.

A statement from the judges said Chief Justice Anthony Gates, who was controversially appointed by the military regime, had made it apparent their services were not wanted.

The judges 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”.

“Nor had he taken up the offer made by the court’s senior judge to arrange a court in November, when the next scheduled sittings were to take place,” a statement from the group said.

Justice Gates was appointed in January after Fiji’s then chief justice, Daniel Fatiaki, was ordered to go on leave or be dismissed.

Mr Fatiaki had earlier angered the military by publicly saying on the day of last year’s coup that the judiciary would uphold the Fiji Constitution.

Judges from Australia and New Zealand are typically appointed to the Fiji Appeals Court, which sits only three times a year.

Justice Gates told the Fiji Times the judges’ decisions must be respected and thanked them for their service.

“However, the Court of Appeal will continue as it always has, though individual judges may change,” he said.

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