Fiji Determined to Send Controversial Ex-Judge to Criminal Court

November 7, 2002 - 0:0
SUVA -- Fiji was determined to nominate its controversial retired chief justice to the International Criminal Court (ICC) and would not back down, Prime Minister Laisenia Qarase told AFP Wednesday.

The appointment of Timoci Tuivaga over a high profile ethnic Indian woman judge previously regarded as the likely candidate sparked controversy here but Qarase said he would not reconsider.

"Absolutely not," Qarase said. "Cabinet has made its decision and that's final."

Tuivaga retired earlier this year aged 70 and went on to marry a lawyer 43 years younger than him.

He had attracted criticism over his actions during the 2000 coup when he helped draft the military's martial law decrees.

The military replaced then ethnic Indian Prime Minister Mahendra Chaudhry who was being held hostage by coup plotters led by George Speight.

Tuivaga also backed the appointment of a military-backed regime led by Qarase.

"Tuivaga has a wealth of experience and we believe he is the best person from here to be considered the country's nominee," Qarase said.

High Court Justice Nazhat Shameem was the favored candidate before the cabinets announcement last Monday.

Shameem was one of Tuivaga's most vocal critics and had sworn an affidavit which, in effect, criticized Tuivaga and the now Chief Justice Daniel Fatiaki for their roles in backing martial law.

Apart from her qualifications, she had also just returned from an international conference for 10 women judges groomed for ICC appointment.

The women's caucus for gender justice has been campaigning worldwide for more women on the ICC.

Similar in nature to the International Court of Justice in The Hague, the ICC's mandate includes all crimes against humanity, war crimes and genocide. Fiji is a signatory and 60 ratifications are needed for the court to begin functioning. Fiji women's rights movement coordinator, Virisila Buadromo, told AFP Qarase's statement meant "a wasted chance for Fiji."

"An alternative that is still viable is the nominee of Shameem by another ICC member country but she's not interested; she only wants to be a nominee of her country," Buadromo said.