Anthony Harold Cumberland Thomas Gates was the
chief justice of
Fiji
Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consists ...
from 2008 to 2019. Justice Gates is best known for his decision in ''Chandrika Prasad v. Att-Gen of Fiji''
000
Triple zero, Triple Zero, Zero Zero Zero, Triple 0, Triple-0, 000, or 0-0-0 may refer to:
* 000 (emergency telephone number), the Australian emergency telephone number
* "Triple Zero", a song by AFI (band), AFI from ''Shut Your Mouth and Open Your ...
2 FLR 89; ''Prasad v. Republic of Fiji & Another''
0011 LRC 665;
001NZAR 21 in which he held that the
Constitution of Fiji
Fiji's fourth constitution was signed into law by President Ratu Epeli Nailatikau on September 6, 2013, coming into effect immediately. It is the first to eliminate race-based electoral rolls, race-based seat quotas, district-based representatio ...
had not been abrogated by the
military intervention in 2000, and that the Constitution continued to be the law of the land. His decision was upheld by
Fiji’s Court of Appeal, in February 2001. However, the decision which should have led to the restoration of the Parliament suspended by the coup of 2000 was not obeyed by the government at that time, the Government instead choosing to call for a vote in 2001.
Justice Gates is also well known for his decisions that enforced civil rights for prison inmates (''Noa Yasa & Anor v State'' HAM063A.05S
005
''005'' is a 1981 arcade game by Sega. They advertised it as the first of their RasterScan Convert-a-Game series, designed so that it could be changed into another game in minutes "at a substantial savings". It is one of the first examples of a ...
paclii) and for the treason-related hearings of people alleged to have been involved in the political events in Fiji of 2000.
Early life
Justice Gates was born in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
and is a graduate of
Cambridge University
, mottoeng = Literal: From here, light and sacred draughts.
Non literal: From this place, we gain enlightenment and precious knowledge.
, established =
, other_name = The Chancellor, Masters and Schola ...
. He went to
Sierra Leone
Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierra ...
as a volunteer teacher with
Voluntary Service Overseas, VSO (Voluntary Service Overseas) as well as
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
where he taught English at
Royal College Colombo
Royal College, Colombo is a selective entry boys' school located in Cinnamon Gardens, Colombo, Sri Lanka. Started as a private school by Rev Joseph Marsh in 1835, it was established as the Colombo Academy by Sir Robert Wilmot-Horton in Janua ...
, and to this day he retains a house in Sri Lanka.
After qualifying as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
at
Inner Temple London he practiced law in London. He took an appointment at the office of the
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
, Fiji in 1977. He became the Deputy Director of Public Prosecutions in 1981 and a
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
in 1985.
He was dismissed as a Magistrate in 1985 when he refused to renew his oath of allegiance to
coup leader Colonel
Sitiveni Rabuka
Sitiveni Ligamamada Rabuka, (; born 13 September 1948) is a Fijian politician who has served as Prime Minister of Fiji since 24 December 2022. He was the instigator of two military coups in 1987. He was democratically elected as Prime Ministe ...
, the new self-appointed Head of State. He left Fiji to work for the Commonwealth Director of Public Prosecutions in
Brisbane
Brisbane ( ) is the capital and most populous city of the states and territories of Australia, Australian state of Queensland, and the list of cities in Australia by population, third-most populous city in Australia and Oceania, with a populati ...
, and returned to Fiji in November 1993 to work for
Sidiq Koya
Siddiq Moidin Koya (29 February 1924 – 25 April 1993) was a Indians in Fiji, Fijian Indian politician, Statesman and Leader of the Opposition (Fiji), Opposition leader. He succeeded to the leadership of the mostly Indians in Fiji, Indo-Fij ...
.
He was appointed to the
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; the ...
in 1999.
Recent career
On 17 January 2007, 14 days after the removal of the Chief Justice by the military during the
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 was a coup d'état carried out by Commodore Frank Bainimarama, Commander of the Republic of Fiji Military Forces, against the government of President Josefa Iloilo. Iloilo was removed as president, but ...
, the
President of Fiji
The president of Fiji is the head of state of the Republic of Fiji. The president is appointed by the Parliament for a three-year term under the terms of the 2013 Constitution of Fiji. Although not entirely a figurehead, the role of president ...
,
Ratu
''Ratu'' () is an Austronesian title used by male Fijians of chiefly rank. An equivalent title, ''adi'' (pronounced ), is used by females of chiefly rank. In the Malay language, the title ''ratu'' is also the traditional honorific title to re ...
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, (29 December 1920 – 6 February 2011) was a Fijian politician who served as the 3rd President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 to 4 January 2007 (see below). He ...
appointed Justice Gates Acting Chief Justice. The substantive Chief Justice
Daniel Fatiaki
Taniela (Daniel) Vafo'ou Fatiaki CF (born 1954 in Upu, Motusa District, Rotuma) was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Co ...
, had asked the then president of the Court of Appeal Justice
Gordon Ward
Sir Frederik Gordon Roy Ward OBE is a retired British judge who has served in various countries of the Commonwealth.
Early life
He was educated in England, obtaining a BSc in botany, zoology and geology, and then taught biology in Northern Ir ...
, to "hold the fort" for the judiciary as a de facto Acting Chief Justice. Chief Justice Fatiaki made public statements attacking Justice Gates for taking the position.
As a result of the appointment, the Judiciary became divided between those judges of the High Court, Court of Appeal and Supreme Court who supported Ward and judges and magistrates who supported the appointment of Gates as Chief Justice. The Court of Appeal judges who continued to sit heard a number of appeals against Chief Justice Gates' decisions, and in almost all cases overruled him. The Court of Appeal even ordered Chief Justice to give oral evidence at the appeal hearing in
Ratu Takiveikata's matter. This was an order which was unprecedented in Fiji's history. Takiveikata was charged with inciting a
mutiny
Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
at the
Queen Elizabeth Barracks intended to remove
Commodore Bainimarama as the Commander of the Fiji military. The attempt failed because the majority of soldiers remained loyal to the Commodore. However, after Takiveikata was convicted by Justice Gates two business associates who were his neighbors and friends provided affidavits in the Court of appeal. They alleged that Justice Gates had told them at a party for
Bastille Day
Bastille Day is the common name given in English-speaking countries to the national day of France, which is celebrated on 14 July each year. In French, it is formally called the (; "French National Celebration"); legally it is known as (; "t ...
that he would imprison the accused after the trial. Later the Court of Appeal held that a doubt had been created by the evidence of the defendant's friends and neighbors and quashed the convictions. A retrial was ordered. In the judgment the Court of Appeal failed to consider if the trial had been fairly conducted by Chief Justice Gates, a consideration which is ordinarily mandatory in cases where judicial bias is raised. On retrial Ratu Takiveikata was convicted by the High Court and sentenced to life imprisonment.
The Court of Appeal quashed all Gates's decisions and none of the Court of Appeal Judges sought reappointment under his leadership. In September 2007 six judges from the Fiji Court of Appeal who were from New Zealand and Australia resigned. Recommendations for new appointments to the Bench were made by the Judicial Services Commission to the President. These new appointments upheld the claim of the deposed prime minister of Fiji Mr
Laisenia Qarase
Laisenia Qarase (pronounced ; 4 February 1941 – 21 April 2020) was a Fijian politician. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase ...
that the 2006 Military takeover was illegal and had no validity. In doing so they overruled the High Court under Chief Justice Gates. Although this decision has been criticised for lack of internal consistency in that the Court of Appeal failed to order the reinstatement of the Qarase government instead ordered the appointment of an interim government and this decision confirmed the independence of Fijian Judiciary after 2006.
In 2009 after the decision of the Court of Appeal, the 1997 Constitution was purportedly abrogated by the president of Fiji, Ratu Josefa Iloilo, and all judicial appointments were terminated. The chief justice was re-appointed after a lapse of two months and has reformed the Judiciary - mainly with appointments from
Sri Lanka
Sri Lanka (, ; si, ශ්රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
, although some judges and magistrates were Fijian, or from
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
,
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, or
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
.
Resident Judge of Court of Appeal Justice William Marshall alleged in his petition that Gates had been briefing Fiji's prime minister
Frank Bainimarama
Josaia Voreqe "Frank" Bainimarama (Fijian: ʃoˈsɛia βoˈreŋɡe mbɛiniˈmarama born 27 April 1954) is a Fijian politician and former naval officer who served as the prime minister of Fiji from 2007 until 2022. A member of the FijiFirst ...
and this prompted the expulsion of envoys from Australia and New Zealand from Fiji.
[.Fiji's Chief Justice Anthony Gates triggers expulsions , The Australian]
/ref> Gates acted as temporary president of Fiji between late September and early October 2010 during the absence of Ratu Epeli Nailatikau. In December 2010 the United States Embassy
The United States has the second most diplomatic missions of any country in the world after Mainland China, including 166 of the 193 member countries of the United Nations, as well as observer state Vatican City and non-member countries Kosovo a ...
, who remained critical of Gates appointment as Chief Justice, denied to issue Gates a visa
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
to represent Fiji at an International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...
convention.
A 2012 analysis of Fiji judicial matters presented in the form of a Petition by Justice William Marshall, Resident Justice of Appeal in Fiji considered that Gates was the subject of an unjust ruling in the Takiveikata case as a result of political interference but that he himself had become an agent of the Attorney General in the Interim Government.Clause 292 - The Petition of William Roberts Marshall QC, SC Resident Justice of Appeal In Fiji
/ref>
Marshal, who wrote a lengthy Petition to the Prime Minister saying the judiciary is not independent, offered his own services as political adviser to the Prime Minister.
The Marshall petition has been strongly criticized by the President of Fiji's Court of Appeal in a judgment on contempt of court in ''AG vs Tai Nicholas'' where the judge said that William Marshall was happy enough with the independence of the judiciary until his contract was not renewed.
The Fijian judiciary continues to function under the leadership of Gates with an emphasis on open justice, compulsory judicial training and case management. There are still delays in the court system in the civil jurisdiction, but criminal cases can now be heard within one year of the initial charges.
Justice Gates came out very strongly accusing Australia and New Zealand of interfering in the Fijian judiciary. Gates accused both countries of counseling the Sri Lankan Judges against working in Fiji.
During the ground-breaking ceremony for a $35million High Court complex in Lautoka
Lautoka () is the second largest Local government in Fiji, city in Fiji. It is on the west coast of the island of Viti Levu, in the Ba Province of the Western Division, Fiji, Western Division. Lying in the heart of Fiji's sugar cane-growing r ...
on 12 September 2014, Gates said the users of the existing High Court building in Lautoka knew the facility was inadequate for the amount of business conducted at the premises. Chief Justice Gates believes that if the Western Division is to develop economically, financially and in its institutions and services, the justice system within the division must be able to respond to society's needs.
Chief Justice Anthony Gates was part of the Fiji delegation to speak at UPR in Geneva. Chief Justice spoke about the barriers experienced by the Judiciary in its functioning after the events of 2009. He once again highlighted the effects of the travel ban imposed on judges.
Notes
References
* http://www.paclii.org/cgi-bin/disp.pl/fj/cases/FJHC/2001/329.html?stem=0&synonyms=0&query=chandrika%20and%20prasad
* http://www.paclii.org/cgi-bin/disp.pl/fj/cases/FJHC/2005/424.html?stem=0&synonyms=0&query=prisons%20and%20inhumane%20and%20degrading%20and%20gates%20and%20j
* https://www.scribd.com/doc/97044743/Qarase-vs-Bainimarama-Coup-Case-Judgement
* https://web.archive.org/web/20141111233806/http://www.judiciary.gov.fj/images/media-release/Address_Lautoka_HC_Complex_Groundbreaking_Ceremony.pdf
* https://web.archive.org/web/20141111234058/http://www.judiciary.gov.fj/images/media-release/Introductory.remarks.by.Chief.Justice.Anthony.Gates.pdf
{{DEFAULTSORT:Gates, Anthony
Alumni of Fitzwilliam College, Cambridge
Australian judges on the courts of Fiji
Chief justices of Fiji
Companions of the Order of Fiji
Living people
Faculty of Royal College, Colombo
British emigrants to Australia
British emigrants to Fiji
Australian emigrants to Fiji
Fijian people of British descent
British expatriates in Sierra Leone
British expatriates in Sri Lanka
Year of birth missing (living people)