DESPITE strong objection from the Opposition, a Bill seeking to remove the assessor system in Fiji’s courts was passed yesterday.
The Criminal Procedure Amendment Bill was dealt with swiftly through Parliamentary Standing Order 51 — without public consultations and only an hour for MPs to debate its merits.
SODELPA MP Tanya Waqanika said assessors were needed to assist expatriate judges under the local landscape and that Government should have consulted members of the public.
“For anyone of us sitting here today, I pray the day does not come that the Bill you pass today will hang you again,” she said.
SODELPA MP Niko Nawaikula said Government abuse continued with Bills being tabled through the Parliamentary Standing Order 51.
“This is something we must accept, the assessors are not decision-makers, they are not the jury, they are not the judge to decide the outcome of a case,” he said. He said the role of the assessors was to assist in any court case.
“I assume Government is probably embarrassed by the number of cases that they have prosecuted where the assessors deferred from the judge — that is part of the process to allow transparency.”
National Federation Party leader Professor Biman Prasad said members of the public should have been given the chance to scrutinise the Bill.
In his right of reply, Attorney-General Aiyaz Sayed-Khaiyum said the assessor system was an archaic law in Fiji’s judicial system which needs to be removed.
He said laws in the judicial system need to be amended to meet the current changes taking place in our society.
He said elites could also have an influence in the system because of their status.
“Sometimes when business people, politicians or sportsmen are in court, the assessors sometimes will think about the repercussions of their actions, it promotes a sort of elitism,” he said.
He said the Opposition have suggested for Fiji to introduce the jury system like in countries such as Australia, where the verdict could not be overturned.
In Fiji, he said, with the assessor system the verdict in any court case could be overturned by the judge.
“By getting in this system, we will get a lot of consistency in decision-making, we will also get a lot of sensitisation in the judiciary.
