Another Big Lie is coming!!

Justice Gates’s summing up in the Chandrika Prasad case a whole eight years
ago was eloquent, as Tui Savu correctly states. It was eloquent indeed!

On that occasion Justice Gates very properly defined the court’s fundamental
role.

And we gratefully thank Tui for his own eloquence in setting out the
relevant facts.

In particular, we are grateful to him for highlighting the fact that it
has been more than three months since Qarase’s Constitutional case was
heard before Acting Chief Justice Gates and Justices Pathick and Byrnes,
and that a judgement is still on notice.

Tui is also right in saying that the Qarase case is ultimately more
important than previous Constitutional cases and that the court’s
composition of three Justices (instead of a single Judge) bears testimony
to this.

That’s a stark truth demonstrated by the the “Off Air” sign flashing
outside the respective Judges’ rooms for the past three-plus months.

The judges are part of a wider ega peer group that is jealous of its
reputation, and they know (Oh boy, don’t they know!) that they have to
take the law seriously (and, more importantly, they have to be SEEN to
take the law seriously).

They also know that if they follow the rule of the law, they will be in
direct conflict with Fiji’s military-backed regime, which thinks it can
make up the law as it goes along.

By way of contrast, look at the way the regime used (abused) the law to
throw out the expatriate publishers of the Fiji Sun and the Fiji Times.

In terms of jurisprudence, that whole ugly process of denying Russell Hunter
and Evan Hannah due process (courtesy of Kid Cowboy Aiyaz Sayed-Khaiyum)
was about as far removed from Justice Gates’s considered words in 2000
that
you can get and still be on the same planet.

So what’s going to happen in the Qarase case?

We have no idea, mainly because we are well aware of the extent to which
this dictator and his manipulators will go to get their own way.

What we are dealing with are “usurpers” (Chodopu$$, Bainimarama and
Sayed-Khaiyum) and a gross “illegality”(their overthrow of a legally
elected
government and their establishment of Fiji’s military-backed regime).

That’s why we refer you to Justice Gates’s brilliant opinion about
“usurpers” and “illegality”, spoken back in 2000:

“It may be a vain hope that the judgment of a court will deter a usurper, or
have the effect of restoring legality, but for a court to be deterred by
fear of failure is merely to acquiesce in illegality. It may be that the
court’s mere presence exercises some check on a usurper who prefers to
avoid a confrontation with it.”

OK, that was back in 2000, but unless Mr Justice Anthony Gates has undergone
a brain transplant in the meantime we cannot see any reason whatsover why
the case brought by Laisenia Qarase against Fiji’s dictator, Bainimarama/
shouldn’t succeed.

In fact, we are convinced that’s why the judgement has been delayed for so
long and we suspect it may be delayed even longer, perhaps until after the
dictator has abrogated the Constitution and declared martial law.

As he has proved in the past, he will go to any lengths to avoid the rule
of law.

Folks, please be patient. The next BIG LIE is on the way!

(THE FDN TEAM)

11 Responses to “Another Big Lie is coming!!”

  1. Keep The Faith Says:

    Can I be the modern-day nostradamus and predict what the big lie will be?

    That the take-over by the IIG was justified….place your bets, place your bets folks.

  2. natewaprince Says:

    Anthony Gates.

    Scientific name: Homo Erect-arse

    The only similarity this introduced species of leeche has with earlier humans is the name.
    But as the first part of the name suggests,this pest is known for its gay tendencies.And because of this ,the only part of its body that can become erect is its arse,hence the second part of its name.

    Control:

    Lock it up with a bunch of indegenous male species and let them enjoy the erect part of its dody. (Ma sa ‘ati qai dra.)

  3. Tim Says:

    He doesn’t have to have gone through a brain transplant (Gates), he’s just busy weighing up the various factors and working out how to “frame” a decision. His inputs will be something like: reputation versus err I’m getting a few grey hairs and I’m a tragic old queen anyway with a pension looming; consistency – how can I recocile what I said back then with what Frank would like me to say now; what are my prospects for another job, and finally what’s right and what’s wrong. No different from a number of others tied up with this pathetic circus really when you think about it!

  4. Dauvavana Says:

    @ NP sa baci daba na nodaru scientific definition qori, keep it coming me rawa kina na dredre, Ia,

    Rauta vinaka me rau sota na Homo Erect-arse kei na Vu keitou sa qaravi tiko oqo. Okoya e tevoro ni dua na toba levu mai na vualiku ka nona bete dua na qase ni Gau 8)

    bahahahahha

  5. Tim Says:

    @natewaprince: I reckon it isn’t the fact that he has a penchant for blokes that is the problem – that’s as common as muck. What is the problem is when people such as Gates make a pretense about it, and worse still place themselves in positions whereby they are able to pass judgement on people for the same “sins”, or “crimes” (depending on whatever law is in vogue) that they are guilty of themselves. Does that show integrity? – I think not. Personally I don’t really care if he F$%^ks chickens in his spare time. Its that dishonesty that doesn’t really make for the likes of Bubba and his FH to be that endearing. All image and SFA substance

  6. ex Fiji Tourist Says:

    It is interesting to note that the ‘Homo Erect-arse’ is currently on leave until July 7th.

    I bet he is arranging his return to England for the same day that he makes his ‘judgement’.

    I would expect that his plane will leave Nadi about 3 hours after he tells the world that chodopu$$’ coup d’etat is illegal.

    By the time that bananasinpyjamas realizes the seriousness of the judgement, ‘Homo Erect-arse’ will be in the air heading ‘home’.

    England is welcome to him; Australia doesn’t want him.

  7. Tim Says:

    @ exFT: I hope NZ doesn’t entertain him either! Actually I wondered whether I spied the git here a few months back but probably a look-alike. I’m afraid I can’t abide these so called ‘guardians’ of the law that seem to want to apply things selectively and operate on a double standard. Like I said, I have not problem with his being preference, but the moment he shuffles past the Fiji border where it is illegal, then passes judgement on others – even for lesser crimes, he becomes a hypocrite. He’s got options which is far more than he’s allowed the average Fijian. Same goes for Shaista – a woman that purports to be guardian of human rights. As for her smoking dak – she can take her chances with anybody else that happens to indulge, but of course she regards herself as being priveledged only because she’s prostituted herself to a regime that thinks they’re better than anyone else. OR Frank for that matter. Pathetic inadequate little munter – stage a coup to end corruption and end all coups – YEAH Right! (NOT). It’s not about their human fallability even, but their failure to admit it even at the expense of an entire nation. They’re flees!

  8. Tim Says:

    *Fleas (I wish it were flees)

  9. natewaprince Says:

    eFT,a village up North called Nawi is notorious for the toughness of their men.They are scared of nobody and no-one messes with them.

    Their rugby team were losing and the referee was hesitant to blow the final whistle knowing that he would receive the hiding of his life.So what did he do? While the game was in full swing,he ran to the road,got in his transport and blew the final whistle from there before fleeing for safety.

    Maybe ‘Erect-arse’ will make his judgement from the safety of his homeland.

  10. natewaprince Says:

    Dauvavana,sobo baraca,au sa kolotaka makawa na vatu ni cakacaka qori.Sa gauna ni rarama qo,da sa lotu.

    Maybe 15-20 years ago,sa misi na tamata qori.

  11. Budhau Says:

    Hey guys there is this legal thingie – I think they call is precedent or something – when a past case becomes a authority for the case in front of the court. What you gotta do is try and distinguish the the two case – why one does not apply to the other – for the judge to rule on it differently.

    So lets look at the two coup.
    The 2000 coup was unsuccessful, the ’06 coup is successful.
    In 2000 Mara declared a state of emergency – claiming the doctrine of necessity, in 2006 the military pulled the coup claiming the doctrine of necessity.
    In 2000 the constitution was abrogated ( it was not necessary to do so), in 2006 the constitution remained intact.

    In 2000 there was a hostage crisis at the parliament, they could have isolated the parliament, brought things under control, and when things had calmed down, the Labour government should have been reinstated. In 2006, that is not the case – the military is on total control of the country – both administrative and legislative.
    The Speight group could not have governed – their activity should have been treated as a criminal activity. The IG can govern.

    In the 2000 coup case Gates said that the coup had failed – he said “It never achieved any legitimacy”, compare that to the 2006 coup has it “achieved legitimacy” according to the Gates definition?

    BTW – Gates also said in the same case that Qarase’s Interim Government was also illegal. So what did Qarase do about that – the court can only give its judgment, in such cases it does nt have the power to enforce. So what if Gates decides that Qarase’s government was the legal government is legal – what are we going to do about the de facto military government.

    Guys – just accept the fact that this coup, like others before it, has created a new legal order. The IG has governed the country since December 2006. This regime has already been judicially recognized as being in complete administrative and legislative control of the country. If the court rules against the IG, it will deny the validity of the acts of this government since December 2006.
    There are governments all over the world that are recognized as lawful – governments that got into power through a military coup. Our courts must take account of this fact – so at what stage the regime in Fiji becomes “lawful”. Go look at Fiji’s coup history – at what point did the previous post coup regimes in Fiji became “lawful”. When the courts recognized the 1990 constitution or the interim Qarase government as a valid government.

    As Justice Gates had said back then – the 2000 coup “It never achieved any legitimacy”, has this coup met that standard, or only a elected government can be legitimate.
    The question is not if this “legitimacy” will happen – the question is when and how – because the military is not going to hand over power back to Qarase.

    So guys, stop repeating the Gates quotes from the Chandrika Prasad case – that case was different – and BTW – Qarase and company had presented a good argument back then as to why Gates should have ruled in their favour rather then in favour of Chandrika Prasad.

    Could someone get the message across to our in house Counsel, Tui Savu – about distinguishing cases when it come to case law authority.

    So guys, distinguish the two coups, than you can put your spin on it whichever way you want.

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