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Fiji Time: 9:43 PM on Friday 30 July

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Shameem not needed: QC

Wednesday, September 12, 2007

State lawyers yesterday objected to the Fiji Human Rights Commission director Doctor Shaista Shameem's application to be a party to the court case in which ousted Prime Minister Laisenia Qarase has challenged the interim administration's existence.

"We can look after ourselves, thank you, said state lawyers Queens Counsel Gerard McCoy from New Zealand, Solicitor General Christopher Pryde and Australian lawyer Jim Sherry.

High Court before acting Chief Justice Anthony Gates and Justice John Byrnes presided over the hearing yesterday.

Mr McCoy told the court there was no doubt human rights issues is involved in this case, but his instructions were that they oppose the intervention of a proceedings commissioner.

He said the matter should be left with the primary parties.

Dr Shameem said Section 37 of the Human Rights Act provided that they could be part of any proceedings where human rights were an issue.

She said there were significant affidavits like that of Soqosoqo Duavata ni Lewenivanua Party National director Peceli Kinivuwai, whose affidavit was in support of Mr Qarase and others originating summons, which raised human rights issues.

She added that the Commission's document was part of the annexes and it would mean during trial there might be some issues raised that would give them an opportunity to cross-examine as well.

Mr Qarase's lawyer Tevita Fa raised concern about the judicial nature of Dr Shameem's recent public statements and the Human Rights Commission Report that she wrote without the approval of the full members of the Commission.

He asked the matter be adjourned to another date to give them time to object to the intervention.

The court said it was not worried about the admissibility of the report but rather of the intervening of the Proceedings Commissioner.

This issue was one of six matters the court discussed yesterday.

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