ON THIS DAY in 2009, the Fiji Court of Appeal (Powell, Lloyd and Douglas JJA) delivered Qarase v Bainimarama  FJCA 67;  3 LRC 614 (9 April 2009).
The Court of Appeal declared that the assumption of executive power by the President/military Commander (Bainimarama) and dismissal by him of the Prime Minister (Qarase) and parliament in the coup of 5 December 2006 was unlawful under the Fijian constitution.
On 10 April, Bainimarama abrogated the constitution.
Whilst the beaches remain beautiful and the people will always be warm and friendly, a dark cloud hangs over democracy and the rule of law in Fiji.
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