HIGH Court judge Justice Anthony Gates was yesterday sworn in as the acting Chief Justice at Government House.
President Ratu Josefa Iloilo appointed Justice Gates following recommendations by members of the Judicial Services Commission who unanimously agreed to his appointment.
The need for an acting appointment follows a directive by the military commander Commodore Voreqe Bainimarama that Chief Justice Daniel Fatiaki and Chief Magistrate Naomi Matanitobua go on leave to facilitate an inquiry into the judiciary and the judicial system. It said it was because of "the involvement of certain members of the judiciary in questionable activities since the events of 2000".
Justice Gates said after his appointment that as judicial officers, there was a need to improve their efficiency and he promised to work with his colleagues to strive for a more efficient justice system.
"The inadequacies of the legal system are now notorious and have undermined the rule of law," he said in a statement.
"The need for a comprehensive "no stone unturned" inquiry into the serious allegations raised about certain judicial officers and practices is self-evident."
Justice Gates said the constitutionality of the present situation inevitably would be raised before the judges of the jurisdiction.
Interim Minister for Justice Aiyaz Sayed-Khaiyum said the Commission met on Monday after he directed senior judge Justice Nazhat Shameem to convene the meeting.
"I asked the most senior substantive judge Justice Nazhat Shameem to convene a meeting of the Judicial Services Com-mission,'' he said.
He said the Commission meeting, attended by the president of the Fiji Law Society unanimously decided that Justice Gates be appointed.
Mr Khaiyum said the interim administration would respect and safeguard the independence of the judiciary.
He said Justice Gates would carry out his own investigations into any allegations of malpractice in the court registry, political bias and un-judge like behaviour. "We do not want to interfere with the judicial process and the administration of justice,'' he said.
Meanwhile, the Citizens' Constitutional Forum said while it had high opinion of Justice Anthony Gates, "the interference by the military in the affairs of the Judiciary is extremely worrying as it compromises the integrity of our justice system and it could hurt public confidence and foreign investment."
