‘Court proceedings stifle free speech’
13-Nov-2008 09:11 AM

THE Citizen’s Constitutional Forum (CCF) has expressed concern over the interim Attorney General’s contempt proceedings against the two newspapers – the Fiji Times and Fiji Daily Post.

CCF chief executive Reverend Akuila Yabaki in a statement said the prosecution of “the media and other persons for contempt stifles free speech in an oppressive manner”.

“Judges and courts are entitled to respect, but they are also open to criticism. It is vital that the media, the legal profession and the public are able to engage in open debate about matters of public interest, no matter how controversial those matters might be,” said Reverend Yabaki.

“How can we move forward as a nation if we cannot openly discuss these problems?” he said.

The CCF has called for the interim Attorney General to “only prosecute for contempt sparingly and with wisdom”.

Reverend Yabaki quoted part of a statement made by High Court judge Justice Nazhat Shameem at the 2004 Attorney-General’s conference.

Justice Shameem has said: “Fiji has a colourful, not always respectable history of prosecutions for scandalising the court. I say, not always respectable, because past cases show us how the contempt powers of a court can sometimes be used to stifle legitimate submissions by counsel, and forthright and critical comments on judicial conduct, by the media.”

Reverend Yabaki said the power to punish for contempt for scandalising the court was “not intended to restrict honest and reasonable criticism.”

“Contempt of court should only be prosecuted when there is clear interference with the administration of justice,” he said.

“Prosecuting such draconian laws does not improve public confidence in the courts,” said Reverend Yabaki