In your face Shyster & Vore

Shameema Ali releases Counter report

A counter report to Fiji Human Rights Commission Director, Shaista Shameem’s second report to the UN High Commissioner for Human Rights, has been released by a group of senior constitutional and Human Rights lawyers endorsed by Human Rights Commissioner, Shameema Ali.The report mainly counters the claim by Shameem’s second report whereby the military takeover of December 5th 2006 was not a coup but an action carried out via section 86 of the Constitution which means the military carried out the takeover as part of the President’s sovereign powers. It goes on to say that when considered in totality the assertion that there was no coup is absurd as facts state otherwise. Facts stated in the report being the Commander arbitrarily assuming executive authority normally vested in the President but exercised by the Prime Minister and Cabinet. It says that the Commander assumed executive power in circumstances where there was no crisis. It adds that given this situation the Commander’s actions are not justified. In addition, the report states that in the initial report by Shameem it was stated that Prime Minister, Laisenia Qarase’s rights were not violated. This counter report states that if one was forcibly removed from office after winning elections and prevented from returning to Suva by the Military for nine months, doesn’t this mean that his rights were violated? The authors of the report are senior legal practitioners who do not wish to be named for fear of intimidation by the military as well as having travel bans imposed on them, as they believe that the military and the interim administration continue to display a heightened sensitivity to doubts about their legitimacy. Fiji Human Rights Director, Dr Shaista Shameem is expected to comment later today. (Latest from fijivillage news)

Tax evasion is corruption

Bainimarama’s efforts to evade calls for the sacking of his corrupt Interim Minister alleged to have evaded tax is so naïve making him look foolish.

I have said before that if Bainimarama is fairdinkum on eradicating corruption in Fiji, then he must apply one rule for all without exception.

Unfortunately, Bainimarama has failed over and over again and still doesn’t realise his actions speaks louder than his words.

He now says that he’ll not sack any Interim Minister based on allegations because it is unfair.

Is he that naïve to make such a statement when you consider current FICAC investigations based on allegations against Fatiaki CJ, Frances Herman, Fijian Holdings, ACP Josaia Rasiga and many others?

So what is different this time Bainimarama not to investigate your own Minister?

It is about self-preservation. Bainimarama cannot sack the Minister because the Minister knows something about Bainimarama and other Interim Ministers as well, so Bainimarama needs to protect him from prosecution for their preservation.

Unfortunately, people previously held in high esteem that have compromised their reputations through their association with the coup perpetrators such as Jim Ah Koy and Filipe Bole now loudly and unashamedly advocate their preservation as well.

The fact of the matter is Bainimarama is now on public record as condoning corruption himself by refusing to investigate his Minister on detailed allegations made Victor Lal and Taniela Tabu rebutting his clean up campaign.

What is of more concern is the probability that Bainimarama had no choice but to condone the corrupt practices of his Interim Minister, because he himself has now become corrupt!

Now if this is so, then this coup had nothing to do with the ‘clean up campaign’, but ‘treason and perverting the course of justice’ in relation to the 5 CRW deaths, inciting mutiny, insubordination charges, etc and the political situation in Fiji will only worsen.

Everyone tainted with this coup will be held accountable one day for the part they played in this illegal regime and the great injustices inflicted upon the innocent citizens of Fiji.

I recall one of Apisai Tora’s memorable comments concerning former Prime Minister Sitiveni Rabuka, which is so descriptive of Bainimarama when he said ‘Rabuka is consistent in his inconsistencies.’

Tui Savu,Legal Counsel.

Townsville.

AUSTRALIA

All’s not well in the Illegal i.g.?

Notice how some of the illegal ministers have suddenly gone off raider? Their silence are deafening as the days drag on.

1. Bernadette ‘Big Pearly Mama’ Ganilau

2. Po Say Thee Bune

3.  Leka o Rama Veyeshnoi

4. Mahendra Piala Chodoray

5. Taito Waradi

6. Jainend Kumar

Is it that they know something we don’t. Rere, lamu, day of judgement around the corner? Secretly charting an exit strategy/strategies?

And those off the radar from day 1:

Jone Navakamocea

Laufitu Malani

Jojetani Cokanasiga

Tevita Vuibau

Na cavaqo, paid for nothing? Din Maro???

and it’s kinda strange that Rishi Ram is now acting more and more like a Minister for Public Service as the days go by while Po is forever silent.

For the first time since independence the National Planning portfolio has been taken off a Finance Minister as announced yesterday by Frank that he has taken it over from Chodo. Do I suspect a flexing of muscle by Pramesh at the expense of Chodo?

Where there is smoke there is fire!

Mongoose.

Opposition to the Charter

From Iliesa Tora & Tee Totoka (Daily Post)

Meanwhile, the outburst by Momo Frank against the Tailevu Provincial Council’s decision not to recognise the military/interim regime’s Charter they have been pushing for people to accept was also uncalled for.

My momo from Kiuva must accept the fact of life right now. Not everyone in this country accepts him and his actions since December 5, 2006.

Some, out of fear, may act as if they accept what is happening.

But the underlying feeling is everything that was done since December 5 is illegal.

The leaders of Tailevu re-affirmed their belief in the 1997 Constitution that Momo Frank and his regime now and again say they follow.

So in that sense the leaders of Tailevu say they could not accept the Charter or anything else that the interim regime will push through.

Now, that is true democracy speaking out.

The number of submissions received for the Charter should also be an indicator in whether people accept it or not.

It is simple. If people do not like anything they will not participate in it.

That’s the way things happen in Fiji. There will be silent protests, especially in times like these.

Reports emanating from the PM’s Office say the Charter is gradually gaining acceptance.

When it was first launched and submissions called for, the regime gave everyone close to two months before closing submissions.

Now the deadline has been moved four times already, without any definite date yet on when it will finally close.

My sources say the continuous extension of the deadline is simply because the expectations of the regime were not met.

There are ways things are done in Fiji, especially when one wants to push through a new idea, no matter how good it might seem to him or her.

In the traditional Fijian set up, you take things to the bose va-koro or village meeting.

From there the village representatives in the district council or bose ni tikina will then take the issue up if the bose- va-koro endorses it.

If the bose ni tikina says yes, the issue can then be taken up by the tikina representative to the provincial council or bose ni yasana.

From there the provincial council will then say yes or no. If it is a yes the issue will see the birth of a new day and probably get to be talked about at the parliamentary sub-committee level.

And it might eventually end up in Parliament and if it does get the unanimous support of the Lower House it gets tested again in the Senate.

Then it gets to be part of our law or legislation. At least it goes something like that.

What the interim regime is trying to do is find the shortest way possible to get what they want pushed through.

Last week I stated that I agreed with most of the things that Momo Frank wants for Fiji.

On Thursday, the Tailevu Provincial Council, of which my Momo Roko Tui Kiuva was also a member of, agreed that there were certain things that the interim regime wanted done that would benefit Fiji.

But at the same time they also agreed that the Constitution, which had not been abrogated, spelled out how things should be done.

That’s why they were not prepared to accept the Charter.

Instead of slamming that decision, Momo Frank should accept it and start the process of fast-tracking our return to parliamentary democracy.

Oh, by the way, I would urge everyone in Fiji to seriously think about living under the interim regime’s leadership for the next 10 to 15 years.

I mean, that’s what I gathered from Momo Frank’s ‘frankly speaking’ interview on national television during the week.

He said the Charter formed the basis of how the country should be run.
And guess what the Charter says?

Yep, they will be around for the next 10 to 15 years at least to make sure that what the Charter says is implemented.

That’s the timeline they’ve given themselves in the Charter.

Wanna bet?

It’s another weekend, Fiji will be playing Australia in France, so enjoy the moment when you can.

A hot cuppa at Tee Totoka might help.

Like my good tau there says, have a behal cha!

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Hmmmmmm even your relos are against you eh Frank??

Who will bear the cost?

Legal challenges against the interim government are mounting.

And they will surely be very costly.

Who will bear the cost?

Soon after the removal of the Laisenia Qarase-led government on 5th December 2006 in a bloodless coup, may questioned the legality of this action.

We know the commander of the Republic of Fiji Military Forces, Commodore Voreqe Bainimarama, in his first public address after the coup said their action was legal as they used the doctrine of necessity.

However, former Vice President Turaga na Roko Tui Bau Ratu Joni Madraiwiwi said: “No coup against a democratically-elected Government can ever be justified, unless the regime concerned is inflicting genocide or some other heinous crime against its own people.”

We now face a very difficult situation.

We have the 1997 Constitution in place but we are governed by a government not elected by the people.

This Government is making laws and makes references to the 1997 Constitution.

The Interim Government, while it has not publicly said that it is illegal, is working tirelessly to return the country to parliamentary democracy.

During the takeover Commodore Voreqe Bainimarama publicly announced that the military’s action was in accordance with the constitution. He used the doctrine of necessity.

According to Dr Brij Lal for the ‘Doctrine of Necessity’ to be enforced, “an imperative necessity must arise because of the existence of exceptional circumstances not provided for in the Constitution, for immediate action to be taken to protect or preserve some vital function of the State. There must be no other course of action reasonably available” and any such action must be reasonably necessary in the interest of peace, order, and good government.

“But it must not do more than is necessary or legislate beyond that. It must not impair the just rights of citizens under the Constitution and it must not be one the sole effect and intention of which is to consolidate or strengthen the revolution as such.

“Clearly, then, the ‘Doctrine of Necessity’ only applies in cases of extreme emergencies - civil strife, a calamitous natural disaster, massive breakdown of law and order - when the duly elected government of the day is unable to govern. It is to be the last resort in the absence of any other option. In 2006, the Fijian state was under no fatal threat.”

Prominent lawyer Graham Leung said: “While it (the military) professes that the Constitution of Fiji is intact and has not been abrogated all the signs point to grave departures from constitutional procedures that are corroding the lawful and proper governance of Fiji.”

We have our own interpretation on the legality of the bloodless coup

Here in Fiji a democratically elected government was forcefully removed by the military in a bloodless coup.

In democracy, a democratically elected government can only be removed in a general election where voters show preference for another new government.

The military action has been condemned by the international communities.

After nine months in power, the military-backed Interim Government has used all sorts of legal terms to legitmise its action.

However, it is comfortably leading the country using the President’s mandate.

Announcing the formation of an Interim Administration, President Ratu Josefa Iloilo outlined what he would call the ‘President’s Mandate.’ This included upholding the constitution, facilitating legal protection and immunity from both criminal and civil offences for the military, recognising the right of the military to suspend, dismiss or remove from office anyone it thought appropriate, steadying economic growth and ‘correcting the economic mismanagement’ of the previous government, restructuring the Native Land Trust Board to ‘ensure more benefits flow to the ordinary indigenous Fijians,’ creating an anti-corruption unit in the Attorney General’s office to eradicate systematic graft, introducing a Code of Conduct to improve ‘governmental and institutional transparency,’ and preparing Fiji for democratic elections ‘after advanced electoral office and systems are in place and the political and economic conditions are conducive to the holding of such elections.”

Dr Lal said: “In the Westminster system as adopted in Fiji, the President acts on the advice of the Prime Minister as the head of an elected government. The power that the President exercises in ‘his own deliberate judgement’ is carefully prescribed and limited, to be used in exceptional circumstances and then only for short periods of time. The proper course of action for the President to authorise would have been the prompt restoration of the deposed government. But illegal and improper though it was, the military and the Interim Administration recited the mandate as their overarching charter. The mandate became its mantra of legitimacy. Just as the President’s mandate was misconceived, so, too, was the legal principle the military invoked to validate the overthrow of the Qarase government.”

Now legal actions have been filed against the interim regime. The first to be heard is on the legality of the military takeover.

While ousted Prime Minister Qarase is paying for his own legal fees and this includes the hiring of a Queens Counsel, the Government is hiring two QCs, Gerald McCoy and Guy Reynolds.

Attorney General Aiyaz Sayed-Khaiyum has asked for $270,000 in legal fees for those two alone. Travel, accommodation and support staff (at least two at $1,000 a day) will push the final bill much higher.

The Finance Ministry has already issued the $270,000 cheque to the Attorney General’s office.

Mr Khaiyum says the state has sought a number of eminent lawyers to represent it and $270,000 is needed to engage the counsel.

Ousted Minister for Labour Kenneth Zinck who is now representing part of the workers at the Fiji Islands Revenue and Customs Authority (FIRCA) has expressed disappointment at the allocation of $270,000 of taxpayers’ money for the Interim Government’s legal fees to defend the law brought by Mr Qarase.

He said the interim government should have directed the $270,000 to nurses, who had gone on strike earlier this year disputing their five per cent pay cut.

Mr Zinck said, the December 5 coup, was not an intention of taxpayers and they should not be burdened by the legal fees of the Interim Government.

“This is a lot of money,” said Mr Zinck.

Ousted Opposition Leader Mick Beddoes said: “I do not think taxpayers should pay any cost to defend a regime that comes into being by force. On the other hand they have been using taxpayers’ money for the past nine months without being accountable to the people. So they are going to use it anyway so perhaps if they lose the case then the cost must be passed on to the individuals named in the action And they should be made to pay.”

Is it really fair that the taxpayers should pay for the legal fees resulting from an action that they had never given their consent to?

Should those involved pay instead?

This is just the first case and there are many more to come.

The next one concerns the Fiji Independent Commission Against Corruption.

FICAC legislation was enacted by the President under section 84 of the Constitution which normally vests executive power in him.

However, it now seems the Interim Government does not seem to bother about the legality or illegality of the events of December 5. Commodore Bainimarama has said repeatedly that everyone should accept the reality of what happened and ‘move on.’

However it is time that it should be serious on the mounting legal cases and the costs.

It is a fact that court costs will be in the millions.

(From todays Fiji Sun)

Shameful Paranoid Military Thugs now directed by Shyster

This young lady who is the evacuation officer for the Hospital received a request for a patient to be evacuated from Vanuabalavu to Suva, while preparing for the flight she received a call from the RFMF questioning her about the trip thinking it was normal she was not that worried about the call.She was caught by suprise when a group of soldiers (all suited up with balcalava)came to the hospital to take her up to the barracks where she was assaulted and forced to answer questions like who are they picking up in Vanuabalavu,is Qarase one of those people coming back on the flight and finally warning her not to tell anybody about the treatment she received at the barracks.They were followed to the airport and back to the hospital by the military, she relayed her terifying experience to some of colleagues who advised her to lodge a complaint to the Womens Crisis Center.Before she could do this she received another suprise when she was confronted by none other but the Director of Human Rights Commision Shaista Shameem advising her to refrain from lodging a complaint because nobody will believe her story,this young lady is still traumatised by this exprience. And they said that Qarase coming to Viti Levu was insignificant to them, so now we can say that the PER was put back in place because they are afraid of Qarase.

More Lies from $2

from Fijitimes online this morningERNEST HEATLEY
Monday, September 24, 2007

Chiefs from all 14 provinces around the country have endorsed the work of the taskforce assigned to review membership and functions of the Great Council of Chiefs, says taskforce secretary, Ratu Josateki Nawalowalo.

The six-member taskforce led by Ratu Tua’akitau Cokanauto completed a three-week tour of the provinces.

“Yes, I can confirm we have received overwhelming support from the chiefs and leaders in the 14 provinces including Rotuma. Despite some negative reports, we have on record, statements from the chiefs that the review and reform of the GCC was timely and in fact should have been dealt with on a regular basis over the last 132 years since the GCC was created,” said Ratu Tua’akitau. Ratu Josateki said the chiefs had accepted the fate of the GCC since it was manipulated by political elements to stand against the military regime that took over the Government on December 5, 2006.

“All the chiefs that spoke out demanded that the GCC should stand alone and be independent of political manipulation and that it focuses on its primary role of ensuring good governance and the well being of the Fijian people,” he said.

“Many of the chiefs were pleasantly surprised to know of the GCC’s national role, that the Constitution and the Fijian Affairs Act empowered the GCC to appoint the President and Vice-President of the Republic of Fiji, as well as the appointment of the 14 Senators who held veto powers in matters of Fijian interest and changing entrenched legislation.”

Ratu Josateki said their Terms of Reference was clear and that consultation with chiefs and leaders saw the beginning of moves towards national reconciliation and forgiveness.

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Sa sivia na veikalawaci mai vua na luveni kai ya qo. His lack of respect here for chiefly Fijian protocol and spitting out blatant lies is a mirror image of the actions of boss Vore. The bose vanua of Tailevu had just stated the minds of the people and here he is overrulling them in the media.

Vore in Ba addressing business people

“First and foremost, any further deterioration of Fiji’s unstable overall economic and fiscal situation must be prevented with utmost urgency.”

Solivakasama says  what ever happened to the economy is stabilising and improving as claimed by Chod and may we ask him as Fiji’s Robin Hood to at least pay his tax so the poor can be help.

“A country in which its leaders, at all levels, emphasise national unity, racial harmony and the social and economic advancement of all communities regardless of race or ethnic origin,”

How about telling all those kaidia criticising the Methodist Church in the print media for the turtles slaughtered in Macuata that it was not the Methodist Church but the people of Macuata that killed the turtles as host of the Conference?  In any culture it would be very offensive telling your host as guests in their province what to prepare or not to prepare for them.

Should we take Yabaki & Dakuvula’s name off the shame list?

One’s nickenamed whisky and the other called arsehole. Recently arsehole emailed the Shamelist blog to have their names taken off the Fiji shamelist http://fijishamelist.blogspot.com/ sob sob because it might put a damper on their next submission to the EU and other donor agencies funding. That means no whisky for the drunken Minister nor access to overseas brothels for his offsider as they galavant across the globe paying lip service to human rights they are supposed to protect.

Do they support or at least condone the coup or other human rights abuse by the Illegal Interim Regime of Bainivuaka. Well you be the judges of these exchange between the drunken minister and a very sober and religious future paramount chief:

First shot Ro Filipe Tuisawau,

Robbers everywhere

I WAS very amused by the comments of Kini Rarubi of FAB about the SDL and the regime leader about robberies.

The regime leader was very concerned about the increase in crime like robberies. If I recall, a very big robbery happened in December 2006 when the nation was robbed of their elected government.

Others have been robbed of their jobs. The robbers are everywhere.

Mr Rarubi calls for the abolition of the SDL. His statements are insightful.

Isn’t this a breach of the Public Emergency Regulations or are we now citizens of Animal Farm?

Mr Rarubi doesn’t seem to realise that over 90 per cent of the Fijian people voted SDL.

If there is no SDL it is very likely that the majority of the Fijian people will boycott the election thus rendering any election null and void.

Filipe Tuisawau
Suva

In butts none of his business drunken Yabaki getting very personal while the illegal interim government play “just relax” as our wannabe appointed greasers like Yabs, $2 Nawalowalo and Nikhil Singh put up thier hands to do their dirty work….

True democracy

FILIPE Tuisawau (FT 14/9) has spoken out on robbery, perhaps with violence , pointing a finger against those who robbed the nation of its duly elected government on December 5, 2006.

I suggest that he might need a longer memory span going as far back as May 1987 when the nation, for the first time, was robbed of its duly elected government.

Then again in May 2000 the country was again deprived of its duly elected government. These two previous coups had something in common both had racist motivation.

I recall that in 2000, CCF invoked Ro Filipe’s wrath when we wrote a letter of complaint to his employer because he had taken official leave to support coup frontman George Speight, by evidence of TV footage taken in Parliament.

If SDL wants to go the way of the Truth and Reconciliation Commission of South Africa, then it has to do away with race-based politics. Through legislation changes generated from the process the country now prosecutes racism as a crime.

No political party can be formed based on race in South Africa and political parties are not allowed to have racist policies in their manifesto. Fiji obviously has a long way to go to achieve true democracy

Rev. Akuila Yabaki
CCF

The come back from the young Chief,

Yabaki’s secret

AKUILA Yabaki (FT 20/9) seems confused about the situation and resorts to personal attacks.

I don’t recall stating anything about him or the CCF. If he is happy with the December 2006 overthrow because it overthrew a Fijian government elected by mostly Fijians, he should say so and stop confusing the nation.

Forcing Fijian people to accept a political party which is not in their hearts will not work because for revolutionary changes to work, they must emanate from the people who will be affected by it. Revolutionary changes do not work if they emanates from a small minority.

Or did my scenario that Fijians will boycott the election if the SDL is banned bother Mr Yabaki as it has been his secret wish over the years?

Filipe Tuisawau
Lami

Well you be the judge?

Jim Ah Koy too much bullshit vesumona

As reported on Fiji Times online

China rejects Ah Koy’s claims

1552 FJT
Saturday, September 22, 2007

Update: 3.52pm THE Chinese government has denied media reports on the establishment of a China Development Bank in Fiji to service the Pacific region.

Replying to queries from Fiji Times Online, the Suva-based Chinese Embassy’s spokesman said: ”I also noticed so many reports about China Development Bank’s opening a branch in Fiji. So far as I know, this is not the case.”

Spokesman Lihua Hu declined any further comments on Fiji’s ambassador to China Sir James Ah Koy’s claims that the bank has been to Fiji at least three times in the past four months to do their due diligence.

Sir James had refused to divulge any additional comments to the media on the issue, saying the bank is still in talks with the Reserve Bank of Fiji (RBF).

He said these are things in the plans and it was up to them (CDB) to fulfill all the requirements of the RBF.

He said the China Development Bank has huge capital resources to fund big projects.

”It just shows there are so many things that have great possibilities for Fiji, especially from the north.”

The interim government is stressing on its ‘Look North’ policy following the December 5 military coup, after Fiji’s two largest neighbours Australia and New Zealand stopped all military ties and placed a travel ban on officials in the interim administration, say media reports.

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They have ran out of bullshit but still want the names and pictures in the media. Talk about attention seeking bullshit artist. We the people of Fiji are not gullible easily bought Kadavu Chiefs. (With all due respect to Kadavu people in General)