Update: 1.08pm A FORMER Australian anti-discrimination commissioner and barrister has been criticised for accepting an appointment by Fiji's military regime to the Court of Appeal.
Jocelynne Scutt accepted a position as a puisne judge on Fiji's High Court in November last year, hearing primarily family law matters.
Her appointment followed the resignation of six expatriate judges from the Court of Appeal last September, amid concerns over the way it was being run under an acting chief judge appointed by the Bainimarama government.
In Fiji, puisne judges of the High Court can sit as Court of Appeal judges.
After the resignation of the Court of Appeal judges, High Court judges have been used to fill the gap on the Court of Appeal.
Justice Scutt sat on the Court of Appeal for the first time last month reports The Australian.
Fiji Women's Rights Movement spokeswoman Tara Chetty said the group could not support any judicial appointments by the interim government.
"It's easy for women's groups to be seduced by the appointment of someone with a strong track record in women's rights," she said.
"Unfortunately, our foundation believes in democracy and the rule of law, so we cannot support the appointment under the current interim regime, which we see as unlawful."
She said since the coup in December 2006, other Australian lawyers and judges had turned down similar offers to serve as judges in Fiji.
Melbourne criminal barrister Peter Faris QC said it was "odd" to accept the position when others had resigned from it because of government interference or a lack of independence. "It's a very strange appointment to accept," he said.
Barrister Greg Barns said he was surprised Ms Scutt had taken up the position.
"I do think Australian lawyers need to be careful with these appointments that they don't simply get used as propaganda by a particular regime," he said.
Last month, a delegation of international law experts was barred from entering Fiji.
Fiji Law Society president Isireli Fa said he believed the ban was to prevent international scrutiny of the way the interim government was dealing with the country's courts and legal system.
A spokeswoman for Foreign Minister Stephen Smith said the Australian Government was concerned about the state of Fiji's judiciary.
"The state of the Fijian judiciary is a matter of concern, as evidenced by the fact that most expatriate judges, including a number of Australian nationals, have resigned or have refused to renew their contracts," she said.
"The Australian Government continues to urge the Fijian interim government to return Fiji to democracy and the rule of law."