Immunity decree will not spare Speight

By Amit Baruah

SINGAPORE, OCT. 2. In a boost to the votaries of constitutional Government in Fiji, the High Court today nullified the possibility of granting ``immunity'' to the May 19 coup leaders. The verdict was delivered in the case of Mr. Isoa Raceva Karawa, a supporter of Mr. George Speight, who overthrew the Mahendra Chaudhry Government.

Mr. Justice Surman said Mr. Karawa was not ``immune'' from prosecution because the July 9 Muanikau Accord, which called for the return of all weapons by the rebels, was linked to the immunity decree. He fired at soldiers and journalists and could, consequently, be convicted.

A statement for the Government's prosecution directorate said the ruling would ``provide a guide to all magistrates regarding the immunity decree''.

Mr. Karawa was acquitted in June by a magistrate's court on three counts of attempted murder and carrying firearms under the immunity decree, which guaranteed that those behind the coup would not be prosecuted for offences committed between May 19 and July 13.

As per the Muanikau Accord, Mr. Speight agreed to release Mr. Chaudhry and other hostages in exchange for immunity from prosecution. Mr. Speight and others have been charged on several counts, including treason, which carries the death penalty under Fijian law.

``This is a landmark judgment. It will receive wide welcome,'' a Suva-based analyst told this correspondent.

The ruling will, to an extent, restore confidence in Fijian institutions. The court did not hesitate to declare the immunity decree inapplicable to Mr. Karawa. The signal to the lower courts has gone out loud and clear - Mr. Speight and his henchmen must be tried according to law and the immunity decree will not operate in their favour.

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Section  : International
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