Fiji accuses NZ and Aust of undermining institutions

Fiji is accusing New Zealand and Australia of trying to undermine its institutions through their travel bans.

Interim head of Fiji's government Commodore Voreqe (Frank) Bainimarama -- who took power in a December 2006 coup -- yesterday ordered New Zealand's Deputy High Commissioner Todd Cleaver and Australia's High Commissioner James Bartley to leave the country.

The New Zealand Government is now considering retaliatory action, possibly sending Fijian diplomatic staff home.

The latest flash point in poor relations with the Pacific country is over the inclusion of judges in a travel ban imposed on members of the regime.

The extended ban has been in place since moves in April when Cdre Bainimarama abrogated the constitution, sacked the judiciary, and imposed measures curbing free speech as well as setting elections back to September 2014.

The sackings came a day after Fiji's Court of Appeal found Cdre Bainimarama's regime was illegally appointed.

But Fiji's interim attorney general Aiyaz Sayed-Khayum said the judiciary was independent and had to be reappointed as they no longer had authority once the constitution was gone.

"They weren't sacked," he told Radio New Zealand.

He accused the Australian and New Zealand governments of trying to frustrate the judiciary.

"Is it some form of concerted effort to try and essentially undermine all these institutions in Fiji?" he said.

"...the continued interference by the Australian and New Zealand governments in the independent judiciary is something that has brought about, precipitated, this action."

The important thing was how the judiciary functioned and there was no political interference, he said.

"Please give us a single shred of evidence to show that the judiciary is being interfered with by the executive. That is the real test."

The issue came to a head because of a letter New Zealand Immigration sent to Fijian judge Anjala (crct) Wati. She was eventually granted an exemption to come to New Zealand so her child could get medical treatment.

Mr Sayed-Khayum said the expulsions were not just over the Judge Wati issue but more that the letter to her spelt out the government's policy that judges were considered part of the regime and were covered by the travel ban.

Fiji has been hiring Sri Lankan judges but they were struggling to get transit visas through Australia.

"We want to bring in credible people on judiciary."

Mr Sayed-Khayum said New Zealand and Australia gave lip service to supporting the rule of law but their policies were impacting on Fiji's ability to attract quality personnel.

He questioned the goal of the ban.

"Is it simply a question of personalising matters and saying `okay we've hurt Bainimarama? Or we've hurt one or two people?'."

Fiji disagreed that elections could be held sooner than 2014, saying an unjust electoral system needed to be redesigned first.

Foreign Minister Murray McCully this morning said the ban was imposed when the interim government sacked the judiciary and reappointed only those who it thought friendly.

In response to Mr Sayed-Khayum's comments, a spokesman for Mr McCully said however he wanted to depict it the judiciary was sacked "and then hand-appointed after the event".

The regime had incorrectly alleged that Judge Wati was refused a visa despite her now being in Auckland while her son was treated.