Daniel Fatiaki: Difference between revisions
Davidcannon (talk | contribs) m bypassing redirect using AWB |
WP:INFONAT cleanup (via WP:JWB) |
||
(45 intermediate revisions by 24 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|Fijian judge}} |
|||
{{Infobox officeholder |
|||
|honorific-prefix = [[The Honourable]] |
|||
⚫ | |||
|honorific-suffix = [[Order of Fiji|CF]] |
|||
|image = |
|||
|imagesize = |
|||
|smallimage = <!--If this is specified, "image" should not be.--> |
|||
|alt = |
|||
|caption = |
|||
|office1 = [[Chief Justice of Nauru]] |
|||
|president1 = |
|||
|term_start1 = 29 January 2021 |
|||
|term_end1 = |
|||
|predecessor1 = [[Filimone Jitoko]] |
|||
|successor1 = |
|||
|order2 = 21st |
|||
|office2 = Chief Justice of Fiji |
|||
|president2 = |
|||
|term_start2 = 1 August 2002 |
|||
|term_end2 = 3 January 2007 (''de facto)''<br />5 December 2008 ''(de jure)'' |
|||
|predecessor2 = [[Timoci Tuivaga|Sir Timoci Tuivaga]] |
|||
|successor2 = [[Anthony Gates]] |
|||
⚫ | |||
|birth_place = [[Motusa]], [[Rotuma]], [[Colony of Fiji]], British Empire |
|||
|death_date = |
|||
|death_place = |
|||
|restingplace = |
|||
|birthname = Taniela Vafo'ou Fatiaki |
|||
|party = |
|||
|otherparty = <!--For additional political affiliations--> |
|||
|spouse = Martha Fatiaki |
|||
|partner = <!--For those with a domestic partner and not married--> |
|||
|relations = |
|||
|children = 4 sons |
|||
|residence = |
|||
|alma_mater = [[University of the South Pacific]]<br />[[University of Auckland]] |
|||
|occupation = |
|||
|profession = |
|||
|cabinet = |
|||
|committees = |
|||
|portfolio = |
|||
|signature = |
|||
|signature_alt = |
|||
|website = |
|||
|footnotes = |
|||
<!--Military service--> |
|||
|nickname = |
|||
|allegiance = |
|||
|branch = |
|||
|serviceyears = |
|||
|rank = |
|||
|unit = |
|||
|commands = |
|||
|battles = |
|||
|awards = |
|||
⚫ | |||
{{EngvarB|date=September 2014}} |
{{EngvarB|date=September 2014}} |
||
{{Use dmy dates|date=September 2014}} |
{{Use dmy dates|date=September 2014}} |
||
'''Taniela (Daniel) Vafo'ou Fatiaki''' [[Order of Fiji|CF]] (born 1954)<ref name="payout">{{cite news | title =Payout was best deal for Fatiaki | newspaper =The Fiji Times Online | |
'''Taniela (Daniel) Vafo'ou Fatiaki''' [[Order of Fiji|CF]] (born 1954)<ref name="Life Stories">{{cite web|last1=Vilsoni|first1=Moira|title=Life Stories|url=http://www.rotuma.net/os/biographies/Dan_Fatiaki/dan_fatiaki.htm|website=Rotuma.net|accessdate=11 August 2015}}</ref><ref name="payout">{{cite news | title =Payout was best deal for Fatiaki | newspaper =The Fiji Times Online | department =Fiji News | location =New Zealand | publisher =Fiji Times Limited | date =9 December 2008 | url =http://www.fijitimes.com/story.aspx?id=108406 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102211835/http://www.fijitimes.com/story.aspx?id=108406 | archive-date =2 November 2013 | url-status =dead }}</ref> was the [[Chief Justice of Fiji]] from 1 August 2002, when he succeeded Sir [[Timoci Tuivaga]], till 5 December 2008. As Chief Justice, he presided over both the [[High Court of Fiji|High Court]] and the [[Supreme Court of Fiji|Supreme Court]], but was [[1997 Constitution of Fiji|constitutionally]] barred from presiding over, or even sitting on, the [[Court of Appeal of Fiji|Appeal Court]]. On 3 January 2007, he was sent on leave by the [[Republic of Fiji Military Forces]], which had [[2006 Fijian coup d'état|seized power]] on 5 December 2006. On 19 January, he was formally suspended, pending an investigation into allegations of misconduct. This investigation was dropped in December 2008 as part of a deal that involved his formal resignation. |
||
==Earlier life and career== |
|||
Fatiaki was born in Upu village in the district of [[Motusa]], on the island of [[Rotuma]], which enjoys a considerable degree of internal autonomy from Fiji. He moved with his family to [[Suva]], the Fijian capital, for schooling. After attending [[Marist Brothers Primary School]], he went on to study at [[Marist Brothers High School]] from 1967 to 1970. He enrolled in the Foundation Programme at the [[University of the South Pacific]] for one year, and won the [[Morris Hedstrom scholarship]] to study Law at the [[University of Auckland]] in [[New Zealand]], from which he graduated in 1976.<ref name="Life Stories"/> |
|||
Fatiaki practiced Law in New Zealand from 1977 to 1979, and in Fiji from 1979 to 1984. He was then appointed to the post of [[Commissioner for Oaths in Fiji]]. He later served as Fatiaki was previously Chairman of the [[Fiji Law Reform Commission]] in 1994 and 1995.<ref name="Life Stories"/> Fatiaki has served as a judge on the [[Supreme Court of Vanuatu]]. He has been the [[Chief Justice of Nauru]] since 29 January 2021.<ref>{{cite web |title=Former CJ heads Nauru judiciary |url=https://www.fijitimes.com/former-cj-heads-nauru-judiciary/ |website=FijiTimes |language=en}}</ref> |
|||
Fatiaki was previously Chairman of the [[Fiji Law Reform Commission]] in 1994 and 1995. |
|||
==Controversial appointment== |
==Controversial appointment== |
||
Fatiaki's appointment was not without controversy. Then [[Leader of the Opposition (Fiji)|Opposition leader]] [[Prem Singh]] objected on the grounds that in the midst of the [[2000 Fijian coup d'état|Fiji coup of 2000]], Fatiaki had joined Tuivaga and Justice [[Michael Scott (judge)|Michael Scott]] in advising the then [[President of Fiji|President]], [[Kamisese Mara|Ratu Sir Kamisese Mara]], to abrogate the constitution, in accordance with the wishes of the [[Republic of Fiji Military Forces|Military]]. Mara refused, and resigned. The three Justices subsequently recognised the Interim Military Government of [[Commodore (rank)|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 (Fiji)|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 of Nations|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. |
Fatiaki's appointment was not without controversy. Then [[Leader of the Opposition (Fiji)|Opposition leader]] [[Prem Singh (Fijian politician)|Prem Singh]] objected on the grounds that in the midst of the [[2000 Fijian coup d'état|Fiji coup of 2000]], Fatiaki had joined Tuivaga and Justice [[Michael Scott (judge)|Michael Scott]] in advising the then [[President of Fiji|President]], [[Kamisese Mara|Ratu Sir Kamisese Mara]], to abrogate the constitution, in accordance with the wishes of the [[Republic of Fiji Military Forces|Military]]. Mara refused, and resigned. The three Justices subsequently recognised the Interim Military Government of [[Commodore (rank)|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 (Fiji)|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 of Nations|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. |
||
==The 2006 coup== |
==The 2006 coup== |
||
Line 12: | Line 72: | ||
===Forced leave=== |
===Forced leave=== |
||
In the wake of the [[2006 Fijian coup d'état|military coup]] that deposed the [[Laisenia Qarase|Qarase]] government on 5 December 2006, [[Commodore (rank)|Commodore]] [[Frank Bainimarama|Josaia Voreqe (Frank) Bainimarama]], the Commander of the [[Republic of Fiji Military Forces]] and Acting [[President of Fiji]], sent Fatiaki on leave.<ref>{{cite web|url=http://www.fijilive.com/news/show/news/2007/01/03/03Fijilive12.html |title=Gateway to Fiji, Fiji News, Fiji eDirectory, Fiji Magic, Fiji Real Estate, Fiji Classifieds, Fiji Dating, Fiji Rugby, Fiji Football, Fiji Jobs, Fijian News, Fijian Music, Fiji Houses for Sale, Fiji Holidays, Fiji Sports, Fiji Picture Gallery, Fiji Business, etc |publisher=Fijilive |date= |accessdate=2 November 2013}}</ref> He told the [[Fiji Times]] on 7 January that he had been told to go on leave or be dismissed.<ref>{{cite web|url=http://www.fijitimes.com/story.aspx?ref=archive&id=54754 |title=Tough choice for CJ – Fiji Times Online |publisher=Fijitimes.com |date=7 January 2007 |accessdate=2 November 2013}}</ref> Earlier, Fatiaki had said just before the coup that the judiciary would uphold the [[1997 Constitution of Fiji|Fijian constitution]] and would go down with it if it were abrogated, the [[Fiji Times]] quoted him on 5 December (the day of the coup) as having told a conference at the [[Shangri |
In the wake of the [[2006 Fijian coup d'état|military coup]] that deposed the [[Laisenia Qarase|Qarase]] government on 5 December 2006, [[Commodore (rank)|Commodore]] [[Frank Bainimarama|Josaia Voreqe (Frank) Bainimarama]], the Commander of the [[Republic of Fiji Military Forces]] and Acting [[President of Fiji]], sent Fatiaki on leave.<ref>{{cite web|url=http://www.fijilive.com/news/show/news/2007/01/03/03Fijilive12.html |title=Gateway to Fiji, Fiji News, Fiji eDirectory, Fiji Magic, Fiji Real Estate, Fiji Classifieds, Fiji Dating, Fiji Rugby, Fiji Football, Fiji Jobs, Fijian News, Fijian Music, Fiji Houses for Sale, Fiji Holidays, Fiji Sports, Fiji Picture Gallery, Fiji Business, etc |publisher=Fijilive |date= |accessdate=2 November 2013}}</ref> He told the [[Fiji Times]] on 7 January that he had been told to go on leave or be dismissed.<ref>{{cite web |url=http://www.fijitimes.com/story.aspx?ref=archive&id=54754 |title=Tough choice for CJ – Fiji Times Online |publisher=Fijitimes.com |date=7 January 2007 |accessdate=2 November 2013 |archive-url=https://web.archive.org/web/20131103073628/http://www.fijitimes.com/story.aspx?ref=archive&id=54754 |archive-date=3 November 2013 |url-status=dead }}</ref> Earlier, Fatiaki had said just before the coup that the judiciary would uphold the [[1997 Constitution of Fiji|Fijian constitution]] and would go down with it if it were abrogated, the [[Fiji Times]] quoted him on 5 December (the day of the coup) as having told a conference at the [[Shangri-La's Fijian Resort]] in [[Yanuca]], [[Sigatoka]] that weekend. |
||
===Criticism of Acting Chief Justice=== |
===Criticism of Acting Chief Justice=== |
||
Fatiaki condemned as a "disgrace" the appointment of [[Anthony Gates]] as Acting Chief Justice on 16 January, saying it was unconstitutional and compromised the integrity and independence of the [[Judiciary of Fiji|judiciary]].<ref> |
Fatiaki condemned as a "disgrace" the appointment of [[Anthony Gates]] as Acting Chief Justice on 16 January, saying it was unconstitutional and compromised the integrity and independence of the [[Judiciary of Fiji|judiciary]].<ref>{{cite web |url=http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11623 |title=Fiji TV |website=www.fijitv.com.fj |access-date=17 January 2022 |archive-url=https://web.archive.org/web/20070928004113/http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11623 |archive-date=28 September 2007 |url-status=dead}}</ref> He criticised fellow-Judge [[Nazhat Shameem]] for her role in the decision, saying that she had unlawfully chaired a meeting of the [[Judicial Service Commission (Fiji)|Judicial Service Commission]] (JSC) and written to [[President of Fiji|President]] [[Ratu]] [[Josefa Iloilo]] on behalf of the JSC, identifying herself as Chair of the JSC, which is in fact a role reserved for the Chief Justice, recommending the appointment of Gates. He condemned this as a disgrace and a betrayal of trust,<ref>{{cite web |url=https://www.rnz.co.nz/international/pacific-news/167296/suspended-fiji-chief-justice-criticises-gates-appointment |title=Suspended Fiji chief justice criticises Gates appointment |publisher=RNZ |date=18 January 2007 |access-date=26 February 2023}}</ref> and said, contrary to assertions from Shameem and interim [[Attorney General of Fiji|Attorney-General]] [[Aiyaz Sayed-Khaiyum]], that his leave of absence was forced, not voluntary. Attorney-General Khaiyum said that Shameem had chaired the meeting on his orders, not her own initiative.<ref>{{cite news | title =Gates is acting Chief Justice | newspaper =The Fiji Times Online | department =Fiji News | publisher =Fiji Times Limited | date =17 January 2007 | url =http://www.fijitimes.com/story.aspx?id=55344 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102211833/http://www.fijitimes.com/story.aspx?id=55344 | archive-date =2 November 2013 | url-status =dead }}</ref> |
||
===Return to work=== |
===Return to work=== |
||
Line 24: | Line 84: | ||
At this point in time the acting Chief Justice ceases to function because I'm back in my office. The Chief Justice is back in his office and back heading the judiciary where he belongs. |
At this point in time the acting Chief Justice ceases to function because I'm back in my office. The Chief Justice is back in his office and back heading the judiciary where he belongs. |
||
I don't have guns, all I have is my conscience and power of the rule of law. If this government is true to its word and supports the independence of the judiciary then I have nothing to fear at all." |
I don't have guns, all I have is my conscience and power of the rule of law. If this government is true to its word and supports the independence of the judiciary then I have nothing to fear at all."<ref name="fijilive2007">{{cite web|url=http://www.fijilive.com/news/show/news/2007/01/18/Fijilive13.html |title=Fiji's CJ removed from office |publisher=Fijilive |date=18 January 2007 |access-date=2 November 2013 |url-status=dead |archive-url=https://web.archive.org/web/20070120152612/http://www.fijilive.com/news/show/news/2007/01/18/Fijilive13.html |archive-date=20 January 2007}}</ref></blockquote> |
||
After this, a team of [[Republic of Fiji Military Forces|RFMF]] soldiers arrived at his office, asking him to leave the premises, followed by a visit to his chambers by the Senior Superintendent of Police, [[Jahir Khan]] along with Police's Elite Tactical Response Team officers. It is understood that Khan asked Justice Fatiaki to voluntarily vacate the chambers, and later escorted him to a police vehicle reportedly to drop him at his Suva residence.<ref name="fijilive2007"/> Interim [[Attorney General of Fiji|Attorney-General]] [[Aiyaz Sayed-Khaiyum]] later accused him of having tried to illegally remove from his office documents that are subject to an investigation<ref>{{cite news | title =Fatiaki taken out of office | newspaper =The Fiji Times Online | |
After this, a team of [[Republic of Fiji Military Forces|RFMF]] soldiers arrived at his office, asking him to leave the premises, followed by a visit to his chambers by the Senior Superintendent of Police, [[Jahir Khan]] along with Police's Elite Tactical Response Team officers. It is understood that Khan asked Justice Fatiaki to voluntarily vacate the chambers, and later escorted him to a police vehicle reportedly to drop him at his Suva residence.<ref name="fijilive2007"/> Interim [[Attorney General of Fiji|Attorney-General]] [[Aiyaz Sayed-Khaiyum]] later accused him of having tried to illegally remove from his office documents that are subject to an investigation<ref>{{cite news | title =Fatiaki taken out of office | newspaper =The Fiji Times Online | department =Archives | publisher =Fiji Times Limited | date =19 January 2007 | url =http://www.fijitimes.com/story.aspx?ref=archive&id=55483 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102211716/http://www.fijitimes.com/story.aspx?ref=archive&id=55483 | archive-date =2 November 2013 | url-status =dead }}</ref> into his alleged role in the 2000 coup,<ref>{{cite news | title =CJ downplays suspension | newspaper =The Fiji Times Online | department =Fiji News | publisher =Fiji Times Limited | date =20 January 2007 | url =http://www.fijitimes.com/story.aspx?id=55545 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102212148/http://www.fijitimes.com/story.aspx?id=55545 | archive-date =2 November 2013 | url-status =dead }}</ref> claims that Fatiaki angrily denied.<ref>{{cite news | title =Fatiaki denies suspension | newspaper =The Fiji Times Online | department =Archives | publisher =Fiji Times Limited | date =19 January 2007 | url =http://www.fijitimes.com/story.aspx?ref=archive&id=55525 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102212310/http://www.fijitimes.com/story.aspx?ref=archive&id=55525 | archive-date =2 November 2013 | url-status =dead }}</ref> He could not have removed any documents, he said, as two military officers were with him the entire time. |
||
===Formally suspended=== |
===Formally suspended=== |
||
On 19 January 2007, it was revealed that President [[Ratu]] [[Josefa Iloilo]] had signed a decree formally suspending Fatiaki, pending an inquiry into allegations that he had been involved in the [[2000 Fijian coup d'état|2000 coup]], to the extent of drafting decrees and giving legal advice to coup frontman [[George Speight]].<ref> |
On 19 January 2007, it was revealed that President [[Ratu]] [[Josefa Iloilo]] had signed a decree formally suspending Fatiaki, pending an inquiry into allegations that he had been involved in the [[2000 Fijian coup d'état|2000 coup]], to the extent of drafting decrees and giving legal advice to coup frontman [[George Speight]].<ref>{{cite web |url=https://www.rnz.co.nz/international/pacific-news/167317/suspended-fiji-chief-justice-faces-inquiry-over-alleged-misconduct-during-2000-coup |title=Suspended Fiji Chief Justice faces inquiry over alleged misconduct during 2000 coup |publisher=RNZ |date=19 January 2007 |access-date=26 February 2023}}</ref> |
||
[[Fiji Law Society]] President [[Devanesh Sharma]] condemned Fatiaki's suspension and threatened legal action.<ref> |
[[Fiji Law Society]] President [[Devanesh Sharma]] condemned Fatiaki's suspension and threatened legal action.<ref>{{cite web |url=http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11678 |title=Fiji TV |accessdate=2007-01-22 |url-status=dead |archiveurl=https://web.archive.org/web/20070928003927/http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11678 |archivedate=28 September 2007 |df=dmy-all }}</ref> |
||
On 22 January, it was announced that on 10 January, a directive from the Prime Minister's Office had banned Fatiaki from leaving Fiji. |
On 22 January, it was announced that on 10 January, a directive from the Prime Minister's Office had banned Fatiaki from leaving Fiji. [[Parmesh Chand]], the chief executive officer of the Prime Minister's Office, informed the Chief Registrar's Office that while Fatiaki was suspended, he would be banned from attending any meetings or conferences abroad. From 20 to 24 January, he had been scheduled to attend international meetings of jurists in [[Karachi]], [[Pakistan]], and in [[Perth, Western Australia|Perth]], Australia.<ref>{{cite web |url=http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11730 |title=Fiji TV |accessdate=2007-01-22 |url-status=dead |archiveurl=https://web.archive.org/web/20070928004031/http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11730 |archivedate=28 September 2007 |df=dmy-all }}</ref> |
||
Meanwhile, Fatiaki announced on 22 January that he was preparing to take legal action against his suspension.<ref>{{cite web|url=http://www.fijitimes.com/story.aspx?id=55686 |title=Ousted CJ to mount court challenge – Fiji Times Online |publisher=Fijitimes.com |date=22 January 2007 |accessdate=2 November 2013 |
Meanwhile, Fatiaki announced on 22 January that he was preparing to take legal action against his suspension.<ref>{{cite web |url=http://www.fijitimes.com/story.aspx?id=55686 |title=Ousted CJ to mount court challenge – Fiji Times Online |publisher=Fijitimes.com |date=22 January 2007 |accessdate=2 November 2013 |archive-url=https://web.archive.org/web/20131103073630/http://www.fijitimes.com/story.aspx?id=55686 |archive-date=3 November 2013 |url-status=dead }}</ref> |
||
==Resignation== |
==Resignation== |
||
Fatiaki formally resigned as Chief Justice on 5 December 2008. This came as a part of a deal with the interim government, under which he would receive a full pension and a [[Fijian dollar|F$275,000]] payout,<ref>{{cite web|url=http://www.fijitimes.com/story.aspx?id=108406 |title=Payout was best deal for Fatiaki – Fiji Times Online |publisher=Fijitimes.com | |
Fatiaki formally resigned as Chief Justice on 5 December 2008. This came as a part of a deal with the interim government, under which he would receive a full pension and a [[Fijian dollar|F$275,000]] payout,<ref>{{cite web |url=http://www.fijitimes.com/story.aspx?id=108406 |title=Payout was best deal for Fatiaki – Fiji Times Online |publisher=Fijitimes.com |accessdate=2 November 2013 |archive-url=https://web.archive.org/web/20131102211835/http://www.fijitimes.com/story.aspx?id=108406 |archive-date=2 November 2013 |url-status=dead }}</ref> the state would discontinue its investigation into allegations of abuse of office and corruption while he was Chief Justice, and he in turn would drop (within seven days) all legal proceedings against the interim government. Both sides undertook not to pursue any future legal action against the other.<ref>{{cite news | title =Deposed Fiji CJ Fatiaki resigns | newspaper =fijilive |department=Fiji News | publisher =Webmasters Limited | date =5 December 2008 | url =http://fijilive.com/news/2008/12/deposed-fiji-cj-fatiaki-resigns/11337.Fijilive | accessdate =1 November 2013 | url-status =dead | archiveurl =https://web.archive.org/web/20131105050302/http://fijilive.com/news/2008/12/deposed-fiji-cj-fatiaki-resigns/11337.Fijilive | archivedate =5 November 2013 | df =dmy-all }}</ref><ref>{{cite web | title =CJ resigns | work =The Fiji Times online | publisher =Fiji Times Limited | date =6 December 2008 | url =http://www.fijitimes.com/story.aspx?id=108156 | accessdate =1 November 2013 | archive-url =https://web.archive.org/web/20131102211837/http://www.fijitimes.com/story.aspx?id=108156 | archive-date =2 November 2013 | url-status =dead }}</ref> |
||
==Opinions== |
==Opinions== |
||
In an address to the convention of the [[Fiji Law Society]] at [[Warwick Hotel]] on the [[Coral Coast, Fiji|Coral Coast]] on 2 July 2005, Fatiaki called on the legal profession to uphold standards of integrity. It was important, he said, for the legal profession to be ''"independent of any centres of power, whether public or private, and of any cause."'' He maintained that the most valuable asset of any profession was its collective reputation. |
In an address to the convention of the [[Fiji Law Society]] at [[Warwick Hotel (Fiji)|Warwick Hotel]] on the [[Coral Coast, Fiji|Coral Coast]] on 2 July 2005, Fatiaki called on the legal profession to uphold standards of integrity. It was important, he said, for the legal profession to be ''"independent of any centres of power, whether public or private, and of any cause."'' He maintained that the most valuable asset of any profession was its collective reputation. |
||
==Vanuatu== |
|||
Fatiaki has served as a judge on the [[Supreme Court of Vanuatu]]. |
|||
==Personal life== |
==Personal life== |
||
Daniel Fatiaki is a [[Roman |
Daniel Fatiaki is a [[Roman Catholicism in Fiji|Roman Catholic]] and a native of [[Rotuma]], a Fijian [[Local government in Fiji|Dependency]]. He is the first Rotuman to be appointed to the bench in Fiji, and his appointment as Chief Justice resulted in great public rejoicing on the island. |
||
Fatiaki has 5 brothers - Seforana, John, Alec,Joachim, and Christopher. He has one sister named Violet. He is married to |
Fatiaki is the son of Anselmo Fatiaki, who was one of the first [[Rotumans]] to graduate from university.<ref name="Life Stories"/> He has 5 brothers - Seforana, John, Alec, Joachim, and Christopher. He has one sister named Violet. He is married to Martha and has 4 sons. He was made a [[Order of Fiji|Companion of the Order of Fiji]], together with [[Vijay R. Singh|Sir Vijay Singh]], in 2004. |
||
==References== |
==References== |
||
Line 59: | Line 116: | ||
title=[[Chief Justice of Fiji]]| |
title=[[Chief Justice of Fiji]]| |
||
before=[[Timoci Tuivaga|Sir Timoci Tuivaga]]| |
before=[[Timoci Tuivaga|Sir Timoci Tuivaga]]| |
||
after=[[Anthony Gates]] <br> (acting)| |
after=[[Anthony Gates]] <br /> (acting)| |
||
years=2002–2008}} |
years=2002–2008}} |
||
{{s-end}} |
{{s-end}} |
||
{{authority control}} |
|||
{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. --> |
|||
⚫ | |||
| ALTERNATIVE NAMES = |
|||
| SHORT DESCRIPTION = Fijian judge |
|||
⚫ | |||
| PLACE OF BIRTH = |
|||
| DATE OF DEATH = |
|||
| PLACE OF DEATH = |
|||
⚫ | |||
{{DEFAULTSORT:Fatiaki, Daniel}} |
{{DEFAULTSORT:Fatiaki, Daniel}} |
||
[[Category:1954 births]] |
[[Category:1954 births]] |
||
[[Category:Living people]] |
[[Category:Living people]] |
||
[[Category:Chief |
[[Category:Chief justices of Fiji]] |
||
[[Category: |
[[Category:Chief justices of Nauru]] |
||
[[Category:Rotuman people]] |
[[Category:Rotuman people]] |
||
[[Category:Fijian people of Rotuman descent]] |
[[Category:Fijian people of Rotuman descent]] |
||
Line 82: | Line 132: | ||
[[Category:Companions of the Order of Fiji]] |
[[Category:Companions of the Order of Fiji]] |
||
[[Category:Fijian judges on the courts of Vanuatu]] |
[[Category:Fijian judges on the courts of Vanuatu]] |
||
[[Category:University of Auckland alumni]] |
|||
[[Category:University of the South Pacific alumni]] |
Revision as of 07:57, 10 June 2024
Daniel Fatiaki | |
---|---|
Chief Justice of Nauru | |
Assumed office 29 January 2021 | |
Preceded by | Filimone Jitoko |
21st Chief Justice of Fiji | |
In office 1 August 2002 – 3 January 2007 (de facto) 5 December 2008 (de jure) | |
Preceded by | Sir Timoci Tuivaga |
Succeeded by | Anthony Gates |
Personal details | |
Born | Taniela Vafo'ou Fatiaki 1954 Motusa, Rotuma, Colony of Fiji, British Empire |
Spouse | Martha Fatiaki |
Children | 4 sons |
Alma mater | University of the South Pacific University of Auckland |
Taniela (Daniel) Vafo'ou Fatiaki CF (born 1954)[1][2] was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Court and the Supreme Court, but was constitutionally barred from presiding over, or even sitting on, the Appeal Court. On 3 January 2007, he was sent on leave by the Republic of Fiji Military Forces, which had seized power on 5 December 2006. On 19 January, he was formally suspended, pending an investigation into allegations of misconduct. This investigation was dropped in December 2008 as part of a deal that involved his formal resignation.
Earlier life and career
Fatiaki was born in Upu village in the district of Motusa, on the island of Rotuma, which enjoys a considerable degree of internal autonomy from Fiji. He moved with his family to Suva, the Fijian capital, for schooling. After attending Marist Brothers Primary School, he went on to study at Marist Brothers High School from 1967 to 1970. He enrolled in the Foundation Programme at the University of the South Pacific for one year, and won the Morris Hedstrom scholarship to study Law at the University of Auckland in New Zealand, from which he graduated in 1976.[1]
Fatiaki practiced Law in New Zealand from 1977 to 1979, and in Fiji from 1979 to 1984. He was then appointed to the post of Commissioner for Oaths in Fiji. He later served as Fatiaki was previously Chairman of the Fiji Law Reform Commission in 1994 and 1995.[1] Fatiaki has served as a judge on the Supreme Court of Vanuatu. He has been the Chief Justice of Nauru since 29 January 2021.[3]
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 recognised 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.
The 2006 coup
Forced leave
In the wake of the military coup that deposed the Qarase government on 5 December 2006, Commodore Josaia Voreqe (Frank) Bainimarama, the Commander of the Republic of Fiji Military Forces and Acting President of Fiji, sent Fatiaki on leave.[4] He told the Fiji Times on 7 January that he had been told to go on leave or be dismissed.[5] Earlier, Fatiaki had said just before the coup that the judiciary would uphold the Fijian constitution and would go down with it if it were abrogated, the Fiji Times quoted him on 5 December (the day of the coup) as having told a conference at the Shangri-La's Fijian Resort in Yanuca, Sigatoka that weekend.
Criticism of Acting Chief Justice
Fatiaki condemned as a "disgrace" the appointment of Anthony Gates as Acting Chief Justice on 16 January, saying it was unconstitutional and compromised the integrity and independence of the judiciary.[6] He criticised fellow-Judge Nazhat Shameem for her role in the decision, saying that she had unlawfully chaired a meeting of the Judicial Service Commission (JSC) and written to President Ratu Josefa Iloilo on behalf of the JSC, identifying herself as Chair of the JSC, which is in fact a role reserved for the Chief Justice, recommending the appointment of Gates. He condemned this as a disgrace and a betrayal of trust,[7] and said, contrary to assertions from Shameem and interim Attorney-General Aiyaz Sayed-Khaiyum, that his leave of absence was forced, not voluntary. Attorney-General Khaiyum said that Shameem had chaired the meeting on his orders, not her own initiative.[8]
Return to work
In an act of defiance towards his forced leave and the appointment of Justice Gates as Acting Chief Justice, on 18 January 2007 Justice Fatiaki returned to work at his office, saying in interviews:
"I have never ceased to be the Chief Justice of this nation. I have decided that the time is right for me to come back and I am no longer going to wait for people to recall me. People are telling me that I'm voluntarily on leave, well lets see...I voluntarily also return to the office.
At this point in time the acting Chief Justice ceases to function because I'm back in my office. The Chief Justice is back in his office and back heading the judiciary where he belongs.
I don't have guns, all I have is my conscience and power of the rule of law. If this government is true to its word and supports the independence of the judiciary then I have nothing to fear at all."[9]
After this, a team of RFMF soldiers arrived at his office, asking him to leave the premises, followed by a visit to his chambers by the Senior Superintendent of Police, Jahir Khan along with Police's Elite Tactical Response Team officers. It is understood that Khan asked Justice Fatiaki to voluntarily vacate the chambers, and later escorted him to a police vehicle reportedly to drop him at his Suva residence.[9] Interim Attorney-General Aiyaz Sayed-Khaiyum later accused him of having tried to illegally remove from his office documents that are subject to an investigation[10] into his alleged role in the 2000 coup,[11] claims that Fatiaki angrily denied.[12] He could not have removed any documents, he said, as two military officers were with him the entire time.
Formally suspended
On 19 January 2007, it was revealed that President Ratu Josefa Iloilo had signed a decree formally suspending Fatiaki, pending an inquiry into allegations that he had been involved in the 2000 coup, to the extent of drafting decrees and giving legal advice to coup frontman George Speight.[13]
Fiji Law Society President Devanesh Sharma condemned Fatiaki's suspension and threatened legal action.[14]
On 22 January, it was announced that on 10 January, a directive from the Prime Minister's Office had banned Fatiaki from leaving Fiji. Parmesh Chand, the chief executive officer of the Prime Minister's Office, informed the Chief Registrar's Office that while Fatiaki was suspended, he would be banned from attending any meetings or conferences abroad. From 20 to 24 January, he had been scheduled to attend international meetings of jurists in Karachi, Pakistan, and in Perth, Australia.[15]
Meanwhile, Fatiaki announced on 22 January that he was preparing to take legal action against his suspension.[16]
Resignation
Fatiaki formally resigned as Chief Justice on 5 December 2008. This came as a part of a deal with the interim government, under which he would receive a full pension and a F$275,000 payout,[17] the state would discontinue its investigation into allegations of abuse of office and corruption while he was Chief Justice, and he in turn would drop (within seven days) all legal proceedings against the interim government. Both sides undertook not to pursue any future legal action against the other.[18][19]
Opinions
In an address to the convention of the Fiji Law Society at Warwick Hotel on the Coral Coast on 2 July 2005, Fatiaki called on the legal profession to uphold standards of integrity. It was important, he said, for the legal profession to be "independent of any centres of power, whether public or private, and of any cause." He maintained that the most valuable asset of any profession was its collective reputation.
Personal life
Daniel Fatiaki is a Roman Catholic and a native of Rotuma, a Fijian Dependency. He is the first Rotuman to be appointed to the bench in Fiji, and his appointment as Chief Justice resulted in great public rejoicing on the island.
Fatiaki is the son of Anselmo Fatiaki, who was one of the first Rotumans to graduate from university.[1] He has 5 brothers - Seforana, John, Alec, Joachim, and Christopher. He has one sister named Violet. He is married to Martha and has 4 sons. He was made a Companion of the Order of Fiji, together with Sir Vijay Singh, in 2004.
References
- ^ a b c d Vilsoni, Moira. "Life Stories". Rotuma.net. Retrieved 11 August 2015.
- ^ "Payout was best deal for Fatiaki". Fiji News. The Fiji Times Online. New Zealand: Fiji Times Limited. 9 December 2008. Archived from the original on 2 November 2013. Retrieved 1 November 2013.
- ^ "Former CJ heads Nauru judiciary". FijiTimes.
- ^ "Gateway to Fiji, Fiji News, Fiji eDirectory, Fiji Magic, Fiji Real Estate, Fiji Classifieds, Fiji Dating, Fiji Rugby, Fiji Football, Fiji Jobs, Fijian News, Fijian Music, Fiji Houses for Sale, Fiji Holidays, Fiji Sports, Fiji Picture Gallery, Fiji Business, etc". Fijilive. Retrieved 2 November 2013.
- ^ "Tough choice for CJ – Fiji Times Online". Fijitimes.com. 7 January 2007. Archived from the original on 3 November 2013. Retrieved 2 November 2013.
- ^ "Fiji TV". www.fijitv.com.fj. Archived from the original on 28 September 2007. Retrieved 17 January 2022.
- ^ "Suspended Fiji chief justice criticises Gates appointment". RNZ. 18 January 2007. Retrieved 26 February 2023.
- ^ "Gates is acting Chief Justice". Fiji News. The Fiji Times Online. Fiji Times Limited. 17 January 2007. Archived from the original on 2 November 2013. Retrieved 1 November 2013.
- ^ a b "Fiji's CJ removed from office". Fijilive. 18 January 2007. Archived from the original on 20 January 2007. Retrieved 2 November 2013.
- ^ "Fatiaki taken out of office". Archives. The Fiji Times Online. Fiji Times Limited. 19 January 2007. Archived from the original on 2 November 2013. Retrieved 1 November 2013.
- ^ "CJ downplays suspension". Fiji News. The Fiji Times Online. Fiji Times Limited. 20 January 2007. Archived from the original on 2 November 2013. Retrieved 1 November 2013.
- ^ "Fatiaki denies suspension". Archives. The Fiji Times Online. Fiji Times Limited. 19 January 2007. Archived from the original on 2 November 2013. Retrieved 1 November 2013.
- ^ "Suspended Fiji Chief Justice faces inquiry over alleged misconduct during 2000 coup". RNZ. 19 January 2007. Retrieved 26 February 2023.
- ^ "Fiji TV". Archived from the original on 28 September 2007. Retrieved 22 January 2007.
- ^ "Fiji TV". Archived from the original on 28 September 2007. Retrieved 22 January 2007.
- ^ "Ousted CJ to mount court challenge – Fiji Times Online". Fijitimes.com. 22 January 2007. Archived from the original on 3 November 2013. Retrieved 2 November 2013.
- ^ "Payout was best deal for Fatiaki – Fiji Times Online". Fijitimes.com. Archived from the original on 2 November 2013. Retrieved 2 November 2013.
- ^ "Deposed Fiji CJ Fatiaki resigns". Fiji News. fijilive. Webmasters Limited. 5 December 2008. Archived from the original on 5 November 2013. Retrieved 1 November 2013.
- ^ "CJ resigns". The Fiji Times online. Fiji Times Limited. 6 December 2008. Archived from the original on 2 November 2013. Retrieved 1 November 2013.