SDL seriously considers taking case to international court

One National News

 

Bloggers it is good to see the SDL thinking outside the square and looking towards the International Community. SV hopes Oz, NZ or the UScan assist by taking their complaint to the international Court of Justice. SV hopes blogger IslandBoy’s questions regarding the International Courtis partially answered. It is good to see Barbara Malimali taking the Military to task as to why Vilisi was taken to QEB. You have the standard answer from the idiot Lewensky that he was taken to QEB because the operation was a joint one involving the Military and the Police. Barbara said it was not necessary and guess what Lewensky said in reply: ‘this argument is open to interpretation.’ WTF!!!

13th October 2008

 

The SDL Party says its seriously thinking of taking the High Court ruling of last week to the United Nation’s International Court of Justice. The party is now waiting for further advise from its Australia based lawyers. The SDL Party’s management meeting to discuss the High Court ruling has been moved to next week. The party is waiting for further advise from it’s overseas based counsels. It’s now confirmed the SDL Party will be looking at the United Nations International Court of Justice for answers, if they’re still not satisfied locally. The ICJ is made up of 15 Judges, and hears cases filed by UN member states. The SDL party says it might ask New Zealand, Australia or the US to assist if necessary.

28 Responses to “SDL seriously considers taking case to international court”

  1. Budhau Says:

    You go Qarase, I suggest that they engage the law firm of Q.B. Bale and Associates – and they can do a search for some top attorneys.

    BTW – if cases in the UN International Court of Justice are filed by UN member states – so they plan to file the case on behalf of Fiji?

    ..and what happens if Qarase wins?

  2. Glawyer Says:

    well for one Gaytes, Byrne and Pathetic would be hard pressed to get a job on the planet except for possible Zimbabwe…..

  3. Ablaze Says:

    Budhau you’re back again, you are like a bee buzzing around in a bottle and can’t stay still for 5 minutes on anything to read and comprehend what has been posted.

    What is your problem, with Tui Savu, the lawyer? Is it because you know that Tui Savu is a big influence on the rest of us. He analysis all the legal stuff for us so that we understand how the judiciary system works.

    The more we know what is legal and what is not, the better we are for it as it allows us to make up our own minds who we want to support.

    Tui Savu is a threat to you and your kind, just like Vilisi Naduka.

  4. Budhau Says:

    My problem is not with Tui – I have a problem is with SV, why can’t they get some good expert opinion on legal matters besides the wannabe.

    ..and look at the idiots in here – the whole gates decision is on all Fiji websites, all 49 pages of it – and how many have bothered to read it – and they were looking for a link in here today.

    Vilisi is no threat to me – he is a hero, and I totally agree with what he did, I i suggested was that there should be more of these Vilisis
    Even if I had a political disagreement with someone like Vilisi – I would still respect him for what he did. You just wait in see if any of these buggers settled abroad send any money to support this guys legal case or otherwise.

    Unlike some buggers in here, who either do jack sh*t or they have their own personal agendas in the next Fijian administration.

    People who do things – they go out and do it – then there others in here who like talk big.

  5. Mark Manning Says:

    With money needed to help fund the Court Cases for freedom etc. perhaps someone should set up a web site or something where we can continue to speak our minds , but in doing so , each hit raises money for that cause from the web-site .
    Has anyone considered doing that ?
    I’m computer illegitimate , so I wouldn’t have a clue how to do that !
    In fact , I’m clueless !

  6. Dauvavana Says:

    Gandhoodhau hae been kept up at the camp all this time (explains her non apperance on this blog for a few months) as Ului and Vore’s bitch…………..they finally released him now with her arse hole as big as Suva Harbour bahahahaha

    Noticed how she has come out strongly the moment Vilisi Nadaku made his demonstration and the Old Queen Gate’s judgement was out to divert out attention from disecting the judgement and the impact of Vilisi’s stand.

    I am glad that most bloggers are ignoring him and concentrating on the issue at hand.

    By the way the ganddooo has a problem with SV, simple……………she should just click right along to her favourite bollywood website and enjoy your gay dancing videos.

  7. Ablaze Says:

    I agree Dauvavana!

    Second thoughts I won’t ask SV to delete your post. As you say it is free speech.

    The good thing about the SV folks is that we can “dialogue” in a civil manner and learn from each other and appreciate each others ideas. We do not need you.

    You Budhau keep repeating yourself and you think you are an asset to us. I am afraid you are the stupid dumbass one that find intelligent people like Tui Savu and gutsy lone protestor Vilisi Naduka a threat to your cause, which is to gather support for your charter farter.

    We know your style pretending that the Junta you work for is not for real so that those that believe in the rule of law will jump ship. You are like lele!

    Buzz off and go and busy yourself somewhere where your boidada talent could be used.

  8. newsfiji Says:

    People: you know Budhau does actually have a really good point. Think about it – if Qarase wins his future case or had won the previous case – what difference will that make?? Bainipyjamas will not step down – in actual fact, he will step UP!

    The mental state of Bainipyjamas is such that he is the rightful & supreme ruler of Fiji – whatever he says, whatever he thinks is the best for Fiji and all it’s peoples.

    So, for the SDL Party and everybody else, it’s a total waste of time & money to pursue the avenues you are taking.

    It’s time for a revolution in Fiji. That will create a necessity for the President to act – only than can we really find out if Rt Iloilo is really capable or not!

    The GCC needs to meet in private if they have to to come up with a bloody solution.

    Fiji’s people can’t be waiting around whilst our leaders grope around trying to figure out what to do.

    Bainipyjamas is a fool as depicted in the bible..so therefore it is NO USe trying to reason with him.

    The time for action is NOW.

    The only thing that Bainipyjamas is scared of is a revolt by Fiji’s people – in mass.

    That is the sole reason that they quash any sign of opposition (through actions like Tui’s roadblock) as soon as it surfaces.

  9. ex Fiji Tourist Says:

    newsfiji,

    Is it a full moon tonight?

    Maybe we can expect some more stupid behaviours from bananasinpyjamas soon.

  10. Keep The Faith Says:

    Actually if the case does make it to the ICJ or the ICC it will make the world of difference.

    I believe however that the ICJ deals with disputes between States and the ICC can take action against individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

    Fiji is a member of the ICC and you can bet that Frank has committed crimes against humanity by instigating the murders of people from as far back as 2001 when he decided to get even with all those that made him run down that gully and emerge with the “wabosucu look”.

    The positives to taking it to the international level is that (1) This court is totally independent and (2) The verdict is legally binding to the extent that once the case gets going, the ICC Prosecutor can call upon “all actors, including regional and international organizations” to assist in the planning and execution of arrests. There will be nowhere to run for Frank et al – not even in Fiji I’m willing to bet.

    The down-side is that the process, I’m told, is quite lengthy and that’s only because they don’t leave any stone unturned during their legal processes.

  11. Caring/Blogger Says:

    @newsfiji reading what Graham Leung had to say to the Law Society may help you realize that Budhau is not to believed in anyway. He is here on a mission to put underestimate Tui Savu’s expertise as a lawyer. The green goons realize how much Tui Savu’s expertise as a lawyer in analysing all the legal stuff is a good thing for us. You see how Budhau keeps saying we should get John Apted because he is a better lawyer when he knows fully well that Tui Savu does not live in Fiji but overseas.

    If the Constitution is alive Qarase should have won the case, the Regime to step down and a caretaker Govt put in place.

    This does not suit the Regime’s plan so their twist the Constitution to suit their agendas, Qarase loses the case, they stay in power and at the same legalise coups to give them immunity. That is the way I look at it.

    Anyway read Graham Leung’s speech and make up your own mind.

    Saturday, July 19, 2008

    FORMER Fiji Law Society president Graham Leung believes the Constitution is not alive despite assurances to the contrary.

    He said the interim regime could not ignore that it had not been successful in its campaigns to introduce constitutional changes.

    He said the interim Government can’t “force good ideas down people’s throats with the barrel of the gun lurking in the background”.

    “That is not democracy,” he said.

    Speaking to the members of the Fiji Law Society on the way forward for Fiji at their annual conference in Denarau, Nadi, yesterday, Mr Leung said people should not believe that all was well and the Constitution was still there.

    “There is a myth that is still perceived that the Constitution is still in place,” he said.

    Mr Leung said to only use part of the Constitution to justify one’s agenda was not the right thing to do.

    “You can’t choose to pick parts of the Constitution and ignore others.

    “There is no choice except the constitutional powers to changing laws.”

    Mr Leung said there could be no shortcuts “however well meaning to political and electoral reform”.

    He reminded the lawyers the Constitution was the supreme law of the land and it was the Constitution that determined how it could be changed.

    “To change the Constitution using a mechanism outside it is illegal and unacceptable,” he said.

    He said it was useless talking about good governance if the regime did not practice it. “Good governance applies as a start complying with the Constitution.”

    Mr Leung said leaders should quickly accepted that and take the country to elections and legitimacy.

    “Parliament alone is the best forum that forge a consensus on electoral reform.

    “There is no alternative social and political change except through an elected parliament following the correct legal processes.

    “We can’t take shortcuts to produce the ideal society overnight.”

    He said forced changes to the law outside the Constitution were destined to fail and that democracy was still the best form of government.

  12. Caring/Blogger Says:

    I think it is a good idea for the SDL Party to take the High Court Ruling to the United States Court of Justice. They should win and it will mean that the Regime will have to step down and a caretaker Govt in place and hold Elections under the Constitution.

    However, I have my doubts win or lose the Regime will not give up power because it will not suit the their plans so the next best thing for them is to declare Fiji a dictatorship.

  13. Mark Manning Says:

    http://susie1114.com/ElvisPresley.html

  14. EnufDictatorship Says:

    Don’t we have a Fijian ex-judge in one of these international courts?..jeez I can’t rem his name..have relations in Levuka, I think..Naqelevuki? Does that name ring a bell anyone?

  15. LUVfiji Says:

    EnufD – Naqelevuki only made it as far as the Magistrate’s Court of Fiji. He was never a Judge (I think) of the High Court or the other two – our Court of Appeal & the Supreme Court.

    There is only one International Court of Justice which falls under the umbrella of the UN and sits at The Hague, in The Netherlands. It is made up of about 10-20 prestigious Judges selected by the UNGA and the Security Council. Unfortunately, Fiji does not feature at all anywhere near these UN organs – the Security Council or the ICJ – despite the country’s colourful participation at UN Peacekeeping Missions. But I think Justice Timoci Tuivaga got close to serving in one of the committees of the ICJ and Im not sure about Mr Jai Ram Reddy’s appt (ex-NFP Leader) who is in Somalia (??)

    The ICJ, as the UN’s principal judicial organ, receives cases from Political Parties of Member Countries which explains why the SDL is aiming that high since it has NO FAITH in our judicial system. The ICJ is our final hope!

  16. ispy Says:

    I think this is defininately a move in the right direction by SDL.

    On another note, I read through the judgment again yesterday and I keep thinking to myself how Gates could have quoted Harry Truman in his judgment without realising (or maybe he did realise) the full implications of what he was saying.

    Gates ended his judgment by concluding:-

    “If the ship’s cargo must be cast overboard in order that the ship might make it through the storm to safety and all lives be spared, so be it. Those who throw away the cargo can say they acted in extremis, and be excused from blame for the loss.”

    Well holy fuck!

    It seems to me that Gates (the acting CJ of Fiji) is actually saying its okay to forceably overthrow an elected government if that government is not performing.

    Isn’t that what elections are for?

    And whose to say its not performing. A few goons with guns?

    I would suggest that in the midst of the storm (if there ever was one in December 2006), that it should have been Bainimarama and the military who should have been cast overboard to save the ship from sinking – and not the elected government.

  17. Ablaze Says:

    A win for SDL in the United States Court of Justice would mean that the Illegals would have to give up power, allow the elected Qarase Govt back and the nation would have to hold Election asap. Am I right?

    This is what we want!

    What if the Illegals use their guns and refuse to give up power? Fiji is well and truly a “Dictatorship Nation” with Bainipuaka as the dicktator!

    No more “Democracy” as a “Smoke Screen”

    SDL need to pursue this for our sakes!

  18. Striker Says:

    Kudos SDL, the ICC is the answer. I’m not a lawyer, but I believe it should be a criminal charge beginning with the President for authorising the coup i.e committing treason and for authorising the murder of those who died. The evidence is with Hughes in the UN. The fact that the Police have refused to investigate the complaint is sufficient reason for the elected govt. to seek assistance from Australia or New Zealand to take the case to the ICC.

  19. Ablaze Says:

    This is the root of the evil that has plagued us since 14th of May, 1987. Sitiveni Rabuka killed it and since then those that lust for power have tried to resurrect it in any which way it would suit their agendas.

    Left alone and dealt with in a legal manner is the only way this cancerous evil cannot be resurrected.

    We must bury this evil and rescurrect the “Holy Grail” which belongs to all of us and treat it with our outmost respect and guard it as all our lives depend on it.

    Judicial death

    It is with deep regret that I wish to announce the death of the judicial system which died through euthanasia on October 9, 2008.

    There will be no burials as to do one will be to accord it the dignity it does not deserve.

    As to whether it will resurrect is now a matter of conjecture.

    S. Delatabua
    Suva

    Saturday, July 19, 2008

    FORMER Fiji Law Society president Graham Leung believes the Constitution is not alive despite assurances to the contrary.

    He said the interim regime could not ignore that it had not been successful in its campaigns to introduce constitutional changes.

    He said the interim Government can’t “force good ideas down people’s throats with the barrel of the gun lurking in the background”.

    “That is not democracy,” he said.

    Speaking to the members of the Fiji Law Society on the way forward for Fiji at their annual conference in Denarau, Nadi, yesterday, Mr Leung said people should not believe that all was well and the Constitution was still there.

    “There is a myth that is still perceived that the Constitution is still in place,” he said.

    Mr Leung said to only use part of the Constitution to justify one’s agenda was not the right thing to do.

    “You can’t choose to pick parts of the Constitution and ignore others.

    “There is no choice except the constitutional powers to changing laws.”

    Mr Leung said there could be no shortcuts “however well meaning to political and electoral reform”.

    He reminded the lawyers the Constitution was the supreme law of the land and it was the Constitution that determined how it could be changed.

    “To change the Constitution using a mechanism outside it is illegal and unacceptable,” he said.

    He said it was useless talking about good governance if the regime did not practice it. “Good governance applies as a start complying with the Constitution.”

    Mr Leung said leaders should quickly accepted that and take the country to elections and legitimacy.

    “Parliament alone is the best forum that forge a consensus on electoral reform.

    “There is no alternative social and political change except through an elected parliament following the correct legal processes.

    “We can’t take shortcuts to produce the ideal society overnight.”

    He said forced changes to the law outside the Constitution were destined to fail and that democracy was still the best form of government.

  20. Mark Manning Says:

    ispy
    you are spot on !

  21. Malekata Ravisa Says:

    LuvFiji, the name you are looking for is Nadakuitavuki. But this is the interesting part: we have only one judge who sits on an international criminal tribunal and currently working on the International Criminal Tribunal for Rwanda. He name is Jai Ram Reddy. Can you imagine if the SDL took this case took the case to ICJ and he was called to the Hague? Now that would be interesting.

  22. Push Tailevu Says:

    Having Mr. Reddy would be a good opportunity, but from past case studies ..i dont think its possible….

  23. LUVfiji Says:

    Thanks Malekata Ravisa.

    I doubt though JR Reddy would be called to the ICJ. He is not a listed Judge – I actually checked the ICJ website after I posted the above. Of course, it is Rwanda and not Somalia, as mentioned in my post – vinaka. 😉

  24. patience Says:

    The ICJ, ICC and ICTR/ICTY are all different courts. All setup by the UN, and serving different functions.

    The ICJ is established by the UN Charter to decide on disputes between states.

    The ICTY is the court for war crimes from the Yugoslav/bosnia wars.

    The ICTR is the court for the Rwanda genocide.

    The ICC is the youngest/latest court. It is especially for war crimes and crimes against humanity.

    At the moment, the Fiji situation does not qualify for the ICJ or ICC scenario.

    Thats why SDL is going through the motion of trying its challenge through Fiji’s court hierachy – from the High Court to the Court of Appeal to the Supreme Court.

    However cultural genocide has been recognised as a war crime – the destruction of culture, cultural symbols and systems. THAT could be the basis of an ICC prosecution in Fiji. No matter what decrees had been promulgated. But it has to happen first, before a complaint can be made to the ICC or documented, to encourage the ICC to begin an investigation of its own volition.

    We can see in the charter dogma that there is not much that separate the RFMF illegal regime from the Taliban in Afghanistan in their fervour to remove cultural icons not in line with its religious fundamentalism, or the Serbs as they tried to erase the bosniak muslims and their identity/history from Bosnia through ethnic cleansing and cultural genocide.

  25. orion Says:

    That international judge. Is it Sekove Naqiolevu??? or similar?

  26. Budhau Says:

    Listen guys – no Court case is going solve the coup problems in Fiji. You Fijians have to make up your mind – that you do not want to live with this coup culture. We do not have a “legal” problem, the problem is political – it is more about a mindset that needs to be changed.

    First figure out what the problem is then go look for a solution.

    Most of you buggers are not against coups – what you seem to have a problem with is that some guy from the “other” side pulled this coup. Most of you would have no problem if one of your boys had pulled a coup – had Chaudary won the last election instead of Qarase.

    Even now, many of you will support a violent removal of this military regime – and I guess with the mess that would create, many of you would be willing to live under a dictatorship – as long as your guy is incharge, and just to get even with the other side.

    So figure out what exactly do you want – do you really want a democracy – where an Indian can become the PM or maybe even the President.

    There is this thing about having “clean hands” when you go to a court of law to ask for justice. Do we as a people have “clean hands”.

  27. anon Says:

    Bud you do talk sense sometimes but veitalia ga, dua ga firetaki iko……

  28. Fiji Forward Says:

    Oilei, dont waste money man. spend it on something useful. Saumi mada na nomudou lawyers, then think about appealing!!!

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