The Supreme Court’s opinion is that Justice Alipate Qetaki is eligible to be the judge for the Court of Appeal while John Rabuku  is not eligible to be the Director of Public Prosecutions. 

The court gave an opinion on the referral made by cabinet, concerning the interpretation of section 105(2)(b) of the Constitution. 

This is in relation to whether an Independent Legal Services Commission finding, in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of ‘guilt’, in the constitutional provision.

According to the Constitution, a person is not qualified for appointment as a Judge unless he or she has had not less than 15 years post-admission practice as a legal practitioner in Fiji or in another country prescribed by law, and has not been found guilty of any disciplinary proceeding involving legal practitioners whether in Fiji or abroad, including any proceeding by the Independent Legal Services Commission or any proceeding under the law governing legal practitioners, barristers and solicitors prior to the establishment of the Independent Legal Services Commission.

Justice Sir Terence Arnold and Justice William Young preside over the matter this morning.