SDL to discuss case Appeal today – SV says appeal the flawed, biased illegal Gate’s decision.

Yadra bloggers, well after recovering from the initial shock of the illegal Gate’s judgement, we were buoyed by the lone show of courage by Vilisi Nadaku. We hope more will follow suit because it is individual protests like this, that creates immense fear into the plastic macho military because they know full well that people like Vilisi can and will motivate an even larger and stronger force than the military. It is also refreshing to see the SDL considering all their legal options including an Appeal and SV encourages the SDL to up the ante. Many bloggers have expressed the desire to set up a website and raise membership fees, so we become more of a proactive body, to organise protests, lobby foreign governments, funding important court matters, assisting with legal fees of people like Vilisi Nadaku, etc. You may not have noticed bloggers, since we were all caught up with the recent happenings in Fiji, but we have surpassed the 800,000 hit mark, so our goal to reach the magic 1m mark is getting nearer by the moment. We at SV Administrators will be closely liaising within the next 1-2 weeks and we will let you know of our new set up to coincide with the new direction we will be moving into and mark my words bloggers, with your help and support, SV will remain steadfast until all the coup conspirators and showery figures are brought to justice and the coup culture eradicated once and for all. Remember, all good things come the hard way. Keep blogging ragone!

Kinivuwai says they have been given 45 days to make an appeal, to which they will definitely abide by. Taken from / By: Google

13th October 2008

Soqosoqo Duavata Ni Lewenivanua Party Director Peceli Kinivuwai says the Interim Government has not yet won their case.

In a twist, the SDL Party has labeled last Thursdays ruling as a bonus for their case because the ruling was not in line with the case they presented.

Kinivuwai says the high court has given them 45 days to make an appeal, to which they will definitely abide by. He says the SDL Party will be meeting their legal advisors today to discuss the appeal.

Kinivuwai told Radio Fiji News that they will make their appeal to the Supreme Court and if they are not happy with the ruling, they will then move to the International Court of Justice. He has called on SDL supporters not to bow out yet, saying the party will see that Justice prevails.

Fiji Broadcasting Corporation

23 Responses to “SDL to discuss case Appeal today – SV says appeal the flawed, biased illegal Gate’s decision.”

  1. Mark Manning Says:

    Fantastic , a plan of attack at last !
    Can someone suggest that Mr Qarase consider challenging in yet another Court Case , the Commander’s action prior to the President declaring him Interim Prime Minister .
    The fact that the Commander had his troops storm Parliament House , had Ministers removed and attempted to detain Mr Qarase himself , must be illegal acts in themselves , given that the Commander had no authority to do so .
    The Commander , also was the one who created the State of Emergency in the first place .
    All this transpired before the President became involved .
    Can someone on SV please put up the events from before the coup in chronological order ?
    The turn out at Belmore Park in Sydney on Saturday was fantastic , as usual , I had a ball , thanks all !

  2. Striker Says:

    MM,
    The President himself had signed approving of the coup even before it took place. The evidence is there with the Police – ask Commissioner Hughes or any of the Police Officers who had searched and retrieved such document from Govt. House. You see, we have the guilty parties controlling government and the judiciary. I say that Qarase and the SDL cannot have a fair hearing locally; they should take the case through either the govt. of Australia or New Zealand to the international criminal court.

  3. Mark Manning Says:

    From memory, Frank had his troops storm the Parliament while they had set up road blocks looking for the Prime Minister , then went to the detain the President and seek a declaration of a State of Emergency so the Commander could then declare Martial Law , which would have made his coup legal , sought of !
    But he couldn’t find the P.M. at that time , so invented his own State of Emergency by storming Parliament so the Government couldn’t function .

  4. Striker Says:

    Yes MM, the President’s prerogative powers has given immunity to the military, but what’s the legal position of the President himself when he had committed treason against government and the Constitution? I’m no lawyer, but I think the President, Frank and his coupsters are in deep shit! All the more evidence why the international criminal court should be involved.

  5. Mark Manning Says:

    thanks striker
    again from memory , Frank set up the roadblocks to detain Mr Qarase , but couldn’t find him as he was flown over the Military road blocks in a helicopter which exploded off Nadi the next day along with the Australian pilot , had his troops storm the Parliament and remove the Ministers and hid the President from the people .
    It will be interesting indeed to see what the International courts have to say .

  6. Tim Says:

    Some commentary from a man a little more knowledgable of Fijian affairs than Bill Hodge appears to be. Although Bill is a constitutional lawyer (others make that claim too), I think he should have considered all the facts and the background before opening his trap.
    But anyway, http://www.michaelfield.org/Fiji%20Hc.htm
    Personally I think Field is being a little too charitable of Gates

  7. Tim Says:

    You might have gathered that I’m somewhat disappointed in Mr Hodge but then I guess people change when they get too comfortable.
    I’m disappointed because the whole upshot of his comments are that
    “Oh well, Fiji courts have made a decsion, so the res of the world now has to live by it and begin to engage with the coupsters” – like that decision is the law, so we must abide by it. Narrow and naive. No Bill, the rest of the world doesn’t HAVE to do anything of the sort, and nor will they necessarily “come around”.
    They might question the legitimacy for a start of those in the positions they are. They might question the impartiality of the court system (just as they do with Zimbabwe). And they might also legitimately question the Gates judgement itself.

  8. Ablaze Says:

    Digress – from a reliable source – Vilisi is at home and is on bail. The case is to be heard on the 30th of this month.

    He is in good spirits and the men in green are driving up and down his home making sure he doesn’t get up to any more mischief – not my term but the men in green.

    I thought I would never say this but thank you to the men in green for not inflicting any bodily harm on Vilisi.

    He also has Babara Malimali helping Jon Apted.

    Tomorrow he will find out whether he is still employed.

    Keep praying for our hero and his family.

  9. natewaprince Says:

    Notice how that faggot Khaiyum thinks,talks and acts like they are now the legal govt after faggot Gates landmark court ruling.

    The onus is now on the SDL party to proceed with their appeal ASAP.We cannot put it past the pig and his lackeys to try and hinder the SDL’s appeal process at the last minute in an effort to derail their case.,

  10. Ablaze Says:

    Have just being told that SV Adminstration are meeting in an hour’s time to discuss Website etc!

    It is happening folks! Let us hope and pray the dialogue between those involved are smooth sailing, not like the kind Khaiyum Arsy knows if he knows what the word means.

  11. IslandBoy Says:

    @Ablaze – Vilise’s case is deferred to Thursday 13th November before the Magistrate’s Court at 9.00am.

  12. IslandBoy Says:

    Questions for the Legal Eagles Please:

    1. What kind of a case and how serious does a case have to be, to go before the International Court of Justice

    2. What is the process for presenting such a case

    3. What kind of sanctions can and does the ICJ hand down so that its rulings have the desired effect

    4. Did Fiji have to sign some kind of an international agreement to be bound by that court.

    5. Is the ICJ and the Hague the same thing?

  13. Ablaze Says:

    Thanks IslandBoy! Vinaka na vei talanoa! se “dialogue” Ha! Ha!

    I do hope Tui Savu comes to the Rescue!

  14. IslandBoy Says:

    @Ablaze – according to some of my friends who know her, Barbara Malimali is a very competent lawyer. Never met the lady but am grateful to her for accepting the case, she works for Law Solutions.

    Fijilive has the exact wording of the charge. As for the dialogue, du sa vosa la mai na Naita sai koya!

  15. patience Says:

    To Vilise Nadaku – YOU THE MAN! SV – if a fund is setup, preferably overseas, rest assured we will be contributing!

    The SDL can go through the motions of appealing to the flawed court of appeal now peopled by Scutt, Shameem, Hickie, Bruce, Datt, Goundar and Mataitoga. All appointed to the High Court/Appeal Court post-2006 coup. Really there is little hope for any kind of justice with our now stacked judiciary. Clear as day that they will all not bite the hand that feeds them and instead confirm the legality of their own appointments by agreeing with the shoddy judgment handed out by the 3 stooges Gates, Pathik and Byrne. Lets not hold our breath for justice from the stacked appeal court. The only legal judges remaining on the bench are the Supreme Court justices, whose appointments run for another year I think – this includes the current CJ of the Australian High Court. But we can be sure that the CA will drag its feet on hearing any appeal, and further drag their feet to give their ruling – in order to avoid the appeal going to the currently legal and impartial Supreme Court. Then again, Gates can simply appoint more Supreme Court judges and since he controls the admin of the SC, not fly over the current legal SC judges. No hope of justice from the courts. We have waited, and waited, and waited, in vain.

    We now wait on the Pacific Islands Forum/Commonwealth/EU process. December is the date for the meeting in PNG when the IG will have to explain itself. So far none of our neighbours are taken in by the fake ruling – sanctions still apply. Hopefully, news is forthcoming from the PIF/CW/EU after December.

    In the meantime, the HC ruling means the IG will now probably try to strike out all challenges to the actions of Bainimarama and his Ministers, including Promulgations because in one fell swoop, Gates has given Bainimarama carte blanch – to promulgate any law they see fit, with no conditions, no need to consult the people of Fiji. This makes easier the task of promulgating all the charter requirements like constitutional amendments, changes to the NLTB, FAB, Provincial Councils and GCC. Lets watch to see whether human rights in the constitution will be limited further, the Public Order Act etc made more draconian to stifle protest. I believe harder times are coming fellow bloggers. Are we prepared. We have no recourse to the courts which have betrayed the Constitution.

  16. patience Says:

    Just an idea SV – while continuing to run this blogsite. You can setup a members only site (can be by invitation only) on NING.COM – like Sotia Central, matavuvale, acsog etc. You know the emails of regular approved contributors on this blog, so you can send invites to those email accounts. That way, there is a secure place for the exchange of info, etc, as was necessary when Vilise was arrested. Just an idea.

    In the meantime, Vinaka to SV for continuing to keep the flame burning!

  17. Cama Says:

    Does a peaceful protest do any harm? Mr. Nadaku needs every support we can offer. If the constitution is still alive than everybody has every right to voice his/her opinion without being gagged.

  18. ex Fiji Tourist Says:

    From FijiLive

    one anti-State protester denies charge
    13/10/2008
    Vilisi Nadaku, the man who stopped traffic in Nabua at the weekend to protest against the High Court decision on the Laisenia Qarase case against the President, pleaded not guilty in court today.

    Nadaku has been charged with malicious intent to act in a prejudicial manner under the Public Order Act.

    He is alleged to have stopped traffic with his Honda CRV vehicle in Nabua and carried out a lone protest brandishing a sign “Where is Justice?”.

    The four lane traffic in Nabua was reduced to two lanes as he allegedly called on the public to stand up against the court decision and the interim Government.

    Nadaku, who was represented by Barbara Malimali, appeared before Magistrate Amani Rokotinaviti and told the court that the police took him to the military camp.

    He has been released on $200 bail and will reappear on the 13th of the next month for mention.

  19. Peace Pipe Says:

    I must admit that the coupsters have got it all well worked out by quickly placing their people in the most strategic positions like the judiciary. This brings to question how the current new replacements seem to just fit in so smoothly. A lot of prior planning was needed to arrive at this sort of situation that benefited the perpetrators – most glaring of which is the stacking of most of the judiciary with ardent apologists which delivered the most twisted and flawed judgement in the history of Fiji. There was most certainly a pre-coup conspiracy involving all the prominent members of the judiciary esp gaytes and shamim and the meticulous plans they mapped out which are now giving the coup criminals ironclad legal protection.

    Just like what @patience said above we are going against a brickwall of coup leaning judges who will contrive judgements in favor of the ig in all suits filed against them. And as @patience said there will be harder days ahead of us. So we need to band together and exchange ideas and thoughts that will help towards our cause. As stupid as the pig is we must admit that there was a real good master mover behind the scene who took into consideration all the possiblities and providing covers for them.

  20. Mark Manning Says:

    no one seems to be getting it !
    Gates only said that the President had the legal authority to do what he did after the coup started and retains that authority now .
    Gates never said the coup was legal and no-one has challenged Frank’s actions in Court for the Judges to make a Judgement on that particular point .
    I agree with Tui , and stated the same thing 2 years ago , Frank was sacked as Commander (de commissioned ) in 2006 before the coup and i questioned why are the soldiers following him when he has no authority at all ?

  21. Talei Says:

    Great points MM – so Frank is even more ILLEGAL then he already is.

  22. benhur Says:

    The SDL is still the legal Government of Fiji and they should seek redress on this illegal Court pronouncement, to the WORLD COURT, in the Hague in Geneva. Even if it only means for the court to endorse or reject these bastards judges imbalance and racist finding? By the way how come Fijian Judges were not allocated to seat in this particular important case?

  23. Frida Says:

    SDL can appeal to the Court of Appeal and if still not satisfied due to technical oversight can go on to the Supreme Court. It might be different at that level as judges will have to come from outside. I say Appeal SDL and the court will be full of supporters or ven those who just want to show this illegal goons that they do not like them.

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