Fiji is braced for protests today after its High Court ruled that the country's hardline military leader, Commodore Frank Bainimarama, was legally appointed after a bloodless coup in 2006.

Former Prime Minister Laisenia Qarase, who had been overthrown in the coup, had gone to court to appeal against his dismissal. He claimed that the South Pacific nation's president had acted illegally when he authorized a transition of power to the country's military leader.

But the court ruled that President Ratu Josefa Iloilo had acted within the law when he handed power to Commodore Bainimarama. Mr Bainimarana had overthrown Mr Qarase's democratically elected government on December 5, 2006, after accusing it of corruption and imposing racist policies.

The three Fijian judges dismissed Mr Qarase's claims that Mr Bainimarama had breached Fiji's Constitution, acted beyond his legal powers and had not taken the advice of the president. The judges were led by Chief Justice Anthony Gates who was elevated by Commander Bainimarama after the coup when the previous chief justic was sacked.

After the ruling Mr Qaase declared himself "very surprised" by the decision and warned that it would invite more military takeovers in Fiji. There have been four military led coups since 1987.

The government issued a short statement welcoming the court's ruling.

The ruling comes on the eve of Fiji's national holiday tomorrow, leading some to speculate that it was timed to reduce the chance of protests. Opponents of his regime had held off protests in the hope that the verdict could lead to the ousting of the military leader

When he ousted the government of his former ally Mr Qarase, Commodore Bainimarama, a former naval commander, had claimed it was because the government no longer exercise control.

Five years earlier, as the recently appointed head of the armed forced, he had imposed martial law to crack down on a racially motivated coup by businessman George Speight, who wanted to depose the first ethnic Indian prime minister in favour of indigenous Fijians.

He became head of an interim military government until a new president was apopinted, and was instrumental in bringing in Mr Qarase as prime minister.

However he became a frequent critic of Mr Qarase and the rift between the military and government widened last October when the prime minister attempted, without success, to remove Mr Bainimarama while he was out of the country.

His attempt failed when his nominated replacement rejected the job, saying he supported Mr Bainimarama.

Since seizing power, Mr Bainimarama has been accused of a host of human rights abuses and a crackdown on free speech.

Last October he had promised that he would return Fiji to democratic rule by the end of next March. However last month he told the UN General Assembly in New York that he would not be holding free elections in March, claiming that the current voting system was "racist" and "undemocratic" and would have to be changed before elections could go ahead.

At a meeting of Pacific Island Forum leaders weeks earlier, NZ Prime Minister Helen Clark compared Fiji with Zimbabwe, and threatened that Pacific Forum leaders were prepared to suspend Fiji from the council.

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