Daniel Fatiaki - Controversial Appointment

Controversial Appointment

Fatiaki's appointment was not without controversy. Then Opposition leader Prem Singh objected on the grounds that in the midst of the Fiji coup of 2000, Fatiaki had joined Tuivaga and Justice Michael Scott in advising the then President, Ratu Sir Kamisese Mara, to abrogate the constitution, in accordance with the wishes of the Military. Mara refused, and resigned. The three Justices subsequently recognized the Interim Military Government of Commodore Frank Bainimarama, and drafted decrees abrogating the constitution, abolishing the Supreme Court, making the Chief Justice the President of the Appeal Court, and raising the retirement age of the Chief Justice from 70 years to 75. (These changes were later reversed after a High Court decision reinstating the constitution on 15 November 2000 was upheld by the Appeal Court on 1 March 2001. Rev. Akuila Yabaki of the Citizens Constitutional Forum, a human rights group, said that Fatiaki's participation in such anticonstitutional actions should disqualify him from holding the office of Chief Justice, and suggested that as the judiciary had been thoroughly compromised politically, it would be best for the time being to appoint a Chief Justice from outside of Fiji (the constitution allows members of the judiciary, unlike other government officials, to be non-citizens, and it is not unusual for retired judges from other Commonwealth countries to be appointed to the bench). Prime Minister Laisenia Qarase disagreed, however, and President Ratu Josefa Iloilo (who had taken office on 13 July 2000) appointed Fatiaki on his advice, saying he was confident that Fatiaki would maintain the same standards of integrity that Tuivaga had upheld. He has 5 brothers Seforana,John,Alec,Joachim and Christopher. He has one sister called Violet.