Anthony Gates
Encyclopedia
Anthony Harold Cumberland Thomas Gates is Acting Chief Justice
of Fiji
.
and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO (Voluntary Service Overseas) in Sierra Leone
and Sri Lanka
. Later he practised at the Bar in London, before taking an appointment at the office of the Director of Public Prosecutions, Fiji in 1977. He became the Deputy DPP in 1981 and a Magistrate in 1985. He was dismissed as a Magistrate in 1987 when he refused to take a fresh oath of allegiance to coup leader Colonel Sitiveni Rabuka
, the self made Head of State. He left Fiji to work for the Commonwealth DPP’s Office in Brisbane, Australia. He returned to Fiji in 1993 to take over the practice of a former Leader of the Opposition. He was appointed to the High Court of Fiji in November 1999.
had not been abrogated by the military intervention in 2000, and that the Constitution continued to be the law of the land. His decision was upheld by Fiji’s Court of Appeal, in February 2001. However the decision which should have led to the restoration of the Parliament suspended by the coup of 2000, was not obeyed by the government of the day, the Government instead choosing to call for elections in 2001.
Justice Gates is also well-known for his decisions on enforcing freedoms from inhumane treatment for prison inmates (Noa Yasa & Anor v State HAM063A.05S [2005] paclii) and for the treason-related hearings of persons alleged to have been involved in the political events in Fiji of 2000.
On 17 January 2007, 14 days after the removal of the Chief Justice by the military during the 2006 Fijian coup d'état
, the President of Fiji
, Ratu Josefa Iloilo
appointed Justice Gates Acting Chief Justice. The substantive Chief Justice Daniel Fatiaki
, had asked the then President of the Court of Appeal Justice Gordon Ward
, to "hold the fort" for the judiciary as a de facto Acting Chief Justice. The President of the Court of Appeal was one of the judicial officers specifically disqualified under the Constitution from acting as Chief Justice. Chief Justice Fatiaki made public statements attacking Justice Gates for taking the position.
In September 2007 six judges from the Fiji Court of Appeal resigned due to concerns over Gates' handling of administration.
A briefing given by Gates to Fiji's Prime Minister Frank Bainimarama
is thought by some to have led to the expulsion of envoys from Australia and New Zealand from Fiji. Gates acted as temporary president of Fiji between late September and early October 2010 during the absence of Ratu Epeli Nailatikau. In December 2010 the United States Embassy failed to issue Gates with a visa
to represent Fiji at an International Criminal Court
convention.
Chief Justice (Fiji)
The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
of Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
.
Early life
Gates was born in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO (Voluntary Service Overseas) in Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
and Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
. Later he practised at the Bar in London, before taking an appointment at the office of the Director of Public Prosecutions, Fiji in 1977. He became the Deputy DPP in 1981 and a Magistrate in 1985. He was dismissed as a Magistrate in 1987 when he refused to take a fresh oath of allegiance to coup leader Colonel Sitiveni Rabuka
Sitiveni Rabuka
Major-General Sitiveni Ligamamada Rabuka, OBE, MSD, OStJ, is best known as the instigator of two military coups that shook Fiji in 1987. He was later democratically elected the third Prime Minister, serving from 1992 to 1999...
, the self made Head of State. He left Fiji to work for the Commonwealth DPP’s Office in Brisbane, Australia. He returned to Fiji in 1993 to take over the practice of a former Leader of the Opposition. He was appointed to the High Court of Fiji in November 1999.
Recent career
Justice Gates is best known for his decision in Chandrika Prasad v. Att-Gen of Fiji [2000] 2 FLR 89; Prasad v. Republic of Fiji & Another [2001] 1 LRC 665; [2001] NZAR 21 in which he held that the Constitution of FijiConstitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
had not been abrogated by the military intervention in 2000, and that the Constitution continued to be the law of the land. His decision was upheld by Fiji’s Court of Appeal, in February 2001. However the decision which should have led to the restoration of the Parliament suspended by the coup of 2000, was not obeyed by the government of the day, the Government instead choosing to call for elections in 2001.
Justice Gates is also well-known for his decisions on enforcing freedoms from inhumane treatment for prison inmates (Noa Yasa & Anor v State HAM063A.05S [2005] paclii) and for the treason-related hearings of persons alleged to have been involved in the political events in Fiji of 2000.
On 17 January 2007, 14 days after the removal of the Chief Justice by the military during the 2006 Fijian coup d'état
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
, the President of Fiji
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
, Ratu Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
appointed Justice Gates Acting Chief Justice. The substantive Chief Justice Daniel Fatiaki
Daniel Fatiaki
Taniela Vafo'ou Fatiaki CF was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Court and the Supreme Court, but is constitutionally barred from presiding over, or even sitting on, the...
, had asked the then President of the Court of Appeal Justice Gordon Ward
Gordon Ward
Lord Chief Justice Gordon Ward was a judge on the Supreme Court of Tonga. He resigned this post in protest at attempts to ban the Taimi 'o Tonga newspaper, a paper unsympathetic to the government, a move which he considered to be unconstitutional. On leaving this post, he took up a new position as...
, to "hold the fort" for the judiciary as a de facto Acting Chief Justice. The President of the Court of Appeal was one of the judicial officers specifically disqualified under the Constitution from acting as Chief Justice. Chief Justice Fatiaki made public statements attacking Justice Gates for taking the position.
In September 2007 six judges from the Fiji Court of Appeal resigned due to concerns over Gates' handling of administration.
A briefing given by Gates to Fiji's Prime Minister Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
is thought by some to have led to the expulsion of envoys from Australia and New Zealand from Fiji. Gates acted as temporary president of Fiji between late September and early October 2010 during the absence of Ratu Epeli Nailatikau. In December 2010 the United States Embassy failed to issue Gates with a visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
to represent Fiji at an International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
convention.