DATE=9/4/2000
TYPE=CORRESPONDENT REPORT
TITLE=FIJI / MAGISTRATE (L-ONLY)
NUMBER=2-266116
BYLINE=PHIL MERCER
DATELINE=SUVA
CONTENT=
VOICED AT:
INTRO: Fiji's chief magistrate says he has been told
by the country's high court he does not have the
authority to rule on the question of immunity for coup
leader, George Speight. Defense lawyers have been
demanding Mr. Speight's immediate release and have
said an amnesty granted to him and his close advisors
guaranteed protection from treason charges, after
their arrest in July. From Suva, Phil Mercer reports
the question will be decided by the high court at a
later date.
TEXT: During the hearing, Chief Magistrate Sailesi
Temo told George Speight he would have to wait a
little longer to hear if he will avoid going on trial
for treason. This issue of amnesty will now be
decided upon by the high court.
Mr. Temo said he had received orders from one of the
country's most-senior judges -- Justice Peter Surman -
- not to make further decisions on the case.
The rebel's team of defense lawyers now has 28 days to
appeal. They had argued the immunity deal granted to
George Speight and his close advisors still stood and
-- as a result -- the treason charges laid against
them should be dismissed.
The amnesty was a key part in the peace accord signed
by Fiji's Military Governor Commodore Bainimarama and
Mr. Speight in July. It led to the release of deposed
Prime Minister Mahendra Chaudhry and members of his
cabinet. They were held hostage for eight weeks,
following the armed overthrow of the country's
democratic government by gunmen lead by George
Speight-- a failed businessman.
State prosecutors have argued the peace agreement
between the army and the rebels was signed under
duress and that the immunity decree was invalid.
The ruling by the chief magistrate to refer the case
to a higher court leaves Mr. Speight and his co-
defendants still facing the prospect of going on trial
for treason. It is an offense which carries a maximum
sentence of death. There have been no executions
here since independence from Britain in 1970. No
date has been set for the high court to rule on the
amnesty issue.
The defendants were greeted by 200 supporters, outside
the court. Army snipers patrolled nearby rooftops.
Dozens of other troops guarded the courthouse. The
men who are charged with overthrowing democracy here
more than three months ago were taken back into
custody and will return to their prison island, three
kilometers from the capital. (signed)
NEB/HK/PM/GC / WD
04-Sep-2000 04:29 AM LOC (04-Sep-2000 0829 UTC)
NNNN
Source: Voice of America
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