Fiji HC decrees not to release Speight

As the complicated ruling was read out and its implications understood, the 21 defendants and their supporters packing the court room appeared surprised. Many of the defendants had brought suitcases to court, expecting that Temo would rule in their favour and immediately release them on bail.

Temo told the court he had received a direction from the Fiji High Court judge Peter Surman saying: quot;The magistrates8217; courts in Fiji are hereby directed to refrain from making any further orders relating to the purported immunity of persons from prosecution in connection with the immunity decree or any related decisions.quot; Temo told the court that as a matter of law he had to abide by such orders and directions of a superior court. quot;The immunity issue must be appropriately resolved at the superior court level,quot; he said. quot;The resolution of this issue is crucial to the issue of whether or not a preliminary inquiry ought or ought not be done in this matter.quot;

He gave the parties 28 days to appeal against the decision. The issue of immunity dates back to the July 9 Muanikau Accord, under which Speight and his supporters agreed to release Prime Minister Mahendra Chaudhry and other hostages in exchange for immunity from prosecution. The government has claimed the immunity offer was made under duress and is thus invalid.