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Thomas McCosker V The State
''Thomas McCosker v The State'' was a criminal appeal case before the High Court of Fiji. Thomas McCoskar (also misspelt as McCosker), an Australian, visited Fiji in March 2005. He was subsequently arrested, tried and sentenced to two years' jail for sodomy law, sodomy. An appeal was raised on the basis of 1997 Constitution of Fiji, Fiji's constitution outlawing discrimination on the basis of sexual orientation. On Friday 26 August 2005, his conviction, and that of Dhirendra Nadan, the other man involved, was overturned on constitutional grounds. Anti-sodomy laws were found to be incompatible with the country's 1997 1997 Constitution of Fiji: Chapter 4, Constitutional Bill of Rights. The debate over what conduct is culturally acceptable was at the heart of the constitutional arguments which were presented during the McCoskar High Court of Fiji, High Court case (''Nadan & McCoskar v State'' also cited as ''Director of Public Prosecutions, DPP v Nadan and McCoskar'') and raised q ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Fiji
The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. The High Court had unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution. The High Court consists of the Chief Justice and at least ten (and no more than eighteen) puisne judges. Parliament may also allow for junior judges, called Masters of the High Court, to sit on the High Court. Section 129 of the Constitution declares that ''"A judge who has sat in a trial of a matter that is the subject of appeal to a higher court must not sit in the appeal."'' As the membership of the High Court overlaps to a large ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |