State promises to locate missing constitutional records

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Picture: FILE

The State has committed to fully cooperating with intervening parties in supplying all necessary documents relevant to the Supreme Court reference on the 2013 Constitution.

Deputy Solicitor-General Eliesa Tuiloma gave the assurance in court following concerns raised by legal counsel Tevita Tangaroa Vakalalabure who represents the Ioane Naivalurua group.

Mr Vakalalabure pointed to missing material in the State’s Statement of Constitutional Facts, including the Revocation of the 1997 Constitution via the 50th Constitutional Amendment Decree of 2009, which was issued by the late President Ratu Josefa Iloilo.

He also noted the absence of data regarding public submissions made during consultations for the 2013 Constitution, specifically referencing paragraph 120 of the Statement of Facts.

“For us to be able to make a proper comparative analysis… that data is only available in the Attorney-General’s Chambers,” Mr Vakalalabure told the Court.

“That piece could be included.”

Chief Justice Salesi Temo urged all parties to confer and ensure that key documents are submitted to the Court.

“The thing that you said on the Decree No. 1, the Decree (revoking the) 1997 Constitution, that is essential to include in the documents,” Justice Temo said.

Responding to the concerns, Mr Tuiloma told the Court the State would make every effort to locate any missing documents requested by the intervening parties.

“Whatever documents that we feel are missing from the Statement of Facts that we have placed before the Court, we will try and search.

“If we don’t have them, that will be the problem.”

He also explained that while some election statistics remain unavailable, the State remains committed to providing all other reasonable document requests to assist the proceedings.