IN THE HIGH COURT OF FIJI

Civil Action HBC60.07

LAISENIA QARASE & ORS.

v

JOSAIA VOREQE BAINIMARAMA & ORS.

11th June 2007
Gates J

RULING

Interlocutory notice of motion; applicant seeking confirmatory orders to ensure his access to justice.

Mr Tevita Fa for the Plaintiffs
Mr C. Pride and Mr Luke Daunivalu for the Defendants

[1] Mr Fa wishes to ensure that nothing further prevents his client from attending this case in Suva. Hitherto his client Mr Qarase has been subject to the Emergency Regulations. These Regulations have now been lifted. Mr Pride argues no order is necessary since the matter is moot.

[2] Unfortunately in Fiji it seems to happen too often that when a restraint is lifted, the application of the restraint is continued by officers who have not been informed of the lifting or for other reasons of caution or zealousness.

[3] I do not wish this case to be delayed by such an event and therefore I will grant the orders as prayed by Mr Fa in his motion, but without the undertaking.

[4] I also express the hope that access to justice, and the right of the litigant to attend his case will be accorded to Mr Qarase without the need for any further court intervention. Such an order will also assist in the disposal of this case.

A.H.C.T. GATES
ACTING CHIEF JUSTICE

Solicitors for the Plaintiffs: Messrs Tevita Fa & Associates, Suva
Solicitors for the Defendants: Office of the Attorney General, Suva