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Judges and magistrates from Sri Lanka will begin arriving in Fiji tomorrow to assist the local judiciary and bring it back to full capacity.
This follows the departure of some former members of the Fiji bench following the abrogation of the country’s constitution in April.
Chief Justice Sir Anthony Gates, who visited Sri Lanka earlier this year, said in a press conference at his chambers today, that the Sri Lankan Government has readily agreed to second serving judges from its own benches.
“The Sri Lankan Judicial Services Commission has permitted its judges leave of absence in order that they might serve here for 2 to 3 years,” he said.
“This was an extremely generous offer of support at this critical time.
“Those judges and magistrates begin arriving tomorrow. Others will arrive in a few weeks time.”
The arrival of the Sri Lankan reinforcements has further fueled the ongoing debate about travel restrictions on members of Fiji’s judiciary, which prompted the often-reserved CJ to call a press conference at Sunday noon.
Justice Gates said the judges were “temporarily non-plussed” when telephoned by a visa officer from the Australian High Commission counselling them against taking up the appointments in Fiji.
“They were each warned that if they took up the appointments they would not be allowed to travel to Australia during their time in Fiji and that they would not be allowed into Australia for medical treatment for themselves or their families either,” he said.
He said the Australian action amounts to an interference with the judiciary of another Commonwealth country.
According to Justice Gates, a letter from the Acting Australian High Commissioner in Fiji, Sarah Roberts, on October 28, 2009 said “following the abrogation of the Fiji Constitution in April of this year, individuals appointed to the judiciary become subject to these restrictions” [i.e. travel restrictions].
She said the restrictions applied regardless of citizenship.
However, Justice Gates has questioned why after the coups of 1987, when Sri Lanka similarly helped Fiji restore its judiciary and magistracy, there were no restrictions placed by Australia and New Zealand then.
