Lawyer raises judicial lackings – Hear, Hear says SV.

Yadra bloggers, This is Graham’s speech at the Law Asia Conference in Malaysia as reported in FT today. What Graham is saying is exactly what many of us feel and it comes as no surprise that the illegal junta are not jumping up and down with the judgement because everyone knows it is not worth the piece of paper it is written on. What must be frightening for Gates, Pathick & Byrnes is the fact their judgement has become a permanent stain on their reputation and will follow them to their graves and continue long after they are gone. Well, we at SV say, you reap what you sow.

Ashwini Prasad
Sunday, November 02, 2008

THE High Court sidestepped the necessity and effectiveness doctrines in the ruling of the Qarase versus Bainimarama case, said Suva lawyer Graham Leung.

He said the High Court based its decision on “the supposed prerogative powers of the President – in other words the ancient rights of the English sovereign”.

“The decision … sets an unfortunate precedent, especially in a country that has experienced four coups,” Mr Leung said at the LawAsia Conference in Kuala Lumpur, Malaysia.

“In practical terms, that decision has sanctioned the possibility of the military precipitating a crisis and then obtaining presidential approval validating its actions”.

Mr Leung commented on perceptions of judicial independence in Fiji.

He said what the Fiji experience showed was that it was one thing to espouse the relevant principles of judicial independence but “putting them into practice is a lot more difficult”.

“There seems to be no denying that public confidence in the judiciary has taken a battering and that its absolute impartiality is under a cloud,” he said.

He said the legal profession did not have the luxury of remaining mute, “for when it does, it is as much to blame for the state of the judiciary”.

Mr Leung highlighted some of the challenges of maintaining judicial independence in a small jurisdiction such as Fiji.

“Is it possible that had the judges following the Speight rebellion in 2000 maintained collegiality, the Qarase case might have been decided differently? It is difficult to say.

“What is clear, however, that is the differences between the judges have gone beyond professional discourse and rather than healing over time, have worsened.”

Mr Leung said it was time for judges and lawyers of courage to renew their pledges to seek justice under law.

“Fiji is paying a terrible price for its disregard for judicial independence, which once lost, would be difficult to regain.”


37 Responses to “Lawyer raises judicial lackings – Hear, Hear says SV.”

  1. benhur Says:

    At least some lawyer still respect justice and has the balls to stand up and defend it!!!! Thanks Mr Leung.

  2. LUVfiji Says:

    Indeed, thanks to lawyers who still honour their oath in upholding the rule of law. God bless them! Here is a man who has the country at heart and is not afraid to show it.

    LEUNG for Prime Minister, folks! Draki ‘qo Graham Leung ga!!

  3. Mark Manning Says:

    Someone has to find a way out of the mess , perhaps a truth and reconciliation forum like South Africa did and perhaps a pardon for those involved , except the law was broken such as murder , torture etc. Those involved must be given a way out , as unpleasant as this option is , something drastic should be considered , as each passing day will take Fiji further to the edge , financially , culturally and politically .
    But , the army needs to be disbanded , a special unit of Police set up to stop any other coup attempts in Fiji , perhaps a joint Pacific Island Force , the GCC’s powers , the President’s powers , need to be reviewed as does the Constitution itself . As well as the Judiciary and it’s appointments procedures etc. And most importantly , those with criminal records can never be involved or employed in a public service capacity . Those involved in this and previous coups , sacked and never employed by the Government or serve on any public board etc.
    Those who sit for elections , must revoke their chiefly titles as one has nothing to do with the other , and this needs to be a permanent letting go of any such title in order to maintain credibility and to assure that only those who are serious , sit for election .

  4. sword seller Says:

    Hear, hear @ Mr. Leung. SV, I like what you said that –

    ‘You reap what you sow’.

    Check this story from Fijilive news –

    So I suppose if you sow LIES, you shall reap the consequences of them, right?

    The sword cuts both ways…?

  5. Ablaze Says:

    Must try a different angle in the belief that the good Lord never takes sides.

    Each day we read online so much religious talk in Fiji and wonder why Fiji has not moved forward and is still in a political turmoil.

    It is mentioned repeatedly that these changes need to be made in Fiji by the Regime because they are the Lord’s wishes.

    I would like to thank the Lord as I am convinced it is his calling to use the calibre of Graham Leung with status in Fiji and overseas to carry out what he knows best, his legal wisdom to fight for our rights and our democracy.

    Thank you Lord for giving us Mr Leung.

  6. Isalei Says:

    God looks at the hearts of men, he will use those who do according to his will to be his vehicle of justice and he will also use those who do according to their own will (vs God’s) to expose the follies of their own pride and self righteousness. God’s mouthpieces, are not self-righteous but speak out for the benefits of the greater community.Self centred people do things for their own benefits, selfish agenda, do not practice what they preach, speak only lies. We must continue to choose everyday between God/Jesus vs devil, good vs evil, truth vs lies, Vore vs Leung, Rt Joni vs Rt iloilo/Evelis… and the list goes on.

  7. FijiGirl Says:

    How I wish that LQ had instructed Graham Leung or Jon Apted to handle his case instead of T.Fa and Q.Bale.

    Vinaka Everett! Keep up the excellent work and who knows, maybe one day, sooner than we think, the rule of law will return to us.

    God bless Fiji

  8. Fiji Forward Says:

    Graham Leung like Victor Lal??? why do we have to listen to two foreigners tell us what to do!! Court ruling has been delivered, respect the Law man!! simple as that. Vuli qa, ta school as they say, I dont like lawyers because they trun lies into truths and truths into lies. But Judges!! thats why they’re called and qualified to be that, they judge on what is presented and in this case VB won and LQ lost!! simple as that again people but learn to respect and live with the law, in this case the ruling. Oilei life must go, keimami sa via toso, Leung and Lal should go and live in another country if they continue to persist, I’m sure India and China will take them up, no offence people. Fiji Girl kerea mo qai vadewa taka vei Graham, keimami sa madua na Yavusa Ratu!!!

  9. raqiqi Says:

    @ Fiji Forward 100% with you! we must move forward…. cannot go back….e na kauta ga mai na vakaloloma!! I mean look at countries like Sudan(Darfu)!! Fiji is much better off! I do not condone any coup but we must be realistic and move on!! Fiji worships a living God and He is still in controll, laiva ga vei koya me qai sauma !! God bless u all!!!!!!!

  10. FijiGirl Says:

    FF – you have got to be either joking or on the military’s payroll.

    God bless Fiji

  11. Colin Bishop Says:

    Can someone direct me to the wording of the Amnesty given to the RFMF.

  12. Isalei Says:

    We can not move forward if we do not address the injustices of the crimes against the the govt & people of Fiji on 5/12/06 and since. The ruling by those biased judges do not hold any water by civilised states and citizens, except for those who want to ignore what they know in their hearts to be wrong. We all want to move on, but why should we allow the thugs that have ruined our nation by their misguided propaganda to get away scot free? Justice must be done!!! Granting and accepting amnesty/immunity is the lot of cowards. More coups mean more victims, more cowards, more wannabes. Time to exorcise the demons once and for all before we move on. And that means everyone who had a hand in all the mess must face up to their crimes and serve their time. No two ways about it.

  13. Isalei Says:

    @FF maduwa ga o koya e cala tiko. O ira na tu vinaka tu e ra vakawelewele. Graham is responding true to his calling and he’s worth far more than all the cowards of the camp put together.

  14. Ablaze Says:

    To those of you that are saying we should just move forward – No Way!

    We are prepared to wait but in no way we shall agree with an Illegal Govt.

    While there is a Supreme Court Mr Leung and people like us shall fight for our rights and our democracy.

    You guys want to move Fiji forward Illegally CHANGE TO MARTIAL LAW AND BAINIMARAMA AS DICTATOR.

    At the moment he is the Dictator under an Interim PM, all he needs to do is make it officially so the whole world can cut Fiji off all together and we will see how he and his Regime will cope.


  15. ispy Says:

    I found it laughable that in FijiLive this morning, Bainimarama was declaring to the whole world that there was no climate of fear in Fiji.

    The article titled “THERE IS NO FEAR HERE: BAINIMARAMA” was about his response to claims by Grahame Leung that there was a climate of fear in Fiji where people were afraid to speak out against the interim regime because there was every danger they would be threatened by the police and military.

    Bainimarama claims that this was all a lie and that people are free to speak their minds in Fiji.

    And then two stories down, there is an article titled “SDL MOUTHPIECE TOLD TO STOP LIES”. In this article, Major Leweni is quoted as threatening Kinivuwai because he said the recent forum dialogue was a “waste of time”.

    Grahame must be laughing his head off.

    And Bainmarama must feel like the biggest jackass in the world.

    Leweni just showed him up to be liar… yet again.

    Bainimarama must be pissed that he was made to look the fool again by his underlings (its not like he needs their help to look stupid cause it comes naturally to him).

    Even more curious was Bainimarama’s invitation to attend a church service at the Kilikali squatter settlement last Sunday.

    He was probably chalking this down as an indiaction of support fromt he grassroots.

    But most of them only wanted to know if he’ll offer them free land next year.

    The rest were just curious at to what Satan actually looked like in his Sunday best.

  16. Ablaze Says:

    VINAKA ispy!

    You can always tell when something happens and it is a threat to these bloody idiots.

    Mr Leung overseas discussions – big threat Man! See AG trying to defend their existence!

  17. LUVfiji Says:

    But I dont get it.. what’s Leung got to do with the YavusaRatu? How does he (or his actions) affect the Yavusa?

  18. Cama Says:

    This is a vote buying for the charter which was forced on us by them. FB told Kilikali settlers that the government will buy the land for them to settle in permanently and was quoted as saying that that’s what the charter gonna do.

    Beware folks, the lies will never stop as they are desparate now when they lie ,it is them who uncovers it.

  19. Cama Says:

    I think Fijiforward is Fijibackward with those kinds of comments. we must move forward upholding the rule of law. Truth and reconciliation is the way forward and not the court ruling by Injustice Gates.

  20. Isalei Says:

    Rule of man (via gaytes et al) vs rule of law (via Leung, Rt Joni, Richard Naidu, etc. ) The wise man says” To show partiality in judging is not good: Whoever says to the guilty, “You are innocent”-people will curse him and nations denounce him. (Prov 24:23-24). This is the vindication of Gaytes and his racist stooges.

  21. Ablaze Says:

    Vinaka guys keep up the good fight, they are doing this, saying that but we stick to the rule of law for at the end we will come out squeaky clean. If people like Mr Leung, Ratu Joni Richard Naidu had once broken the law like working at one given time with an Interim (Illegal) Govt we would not be backing them to help us get our Democracy and Rights Back.

    This guys can take our fight internationally. Internationally they will be heard not Bainimarama’s Regime.

  22. benhur Says:

    Isalei, you’re absolutely right about not not letting Voreqe and cahoots off the hook? Lets keep our focus on re-establishing our freedom and democracy and lets denounce profusely, those bastards that took away our god given rights.Like I’ve said before that everyone involves in the Voreqes’ coup, need to be made an example of via public hanging or chop head-off, on the chopping blocks? I’d be honoured to do the job free!!!
    No one must escape justice, after we’ve returned to electing a democratic Government.We will not recognise the President so-called immunity as Voreqe himself has never honoured his immunity contract with George Speight in 2000? and broke his promise to the Qarase Government etc,etc,. We need to nailed these bastards and get rid of them from the face of the earth…no doubt!!

  23. Budhau Says:

    I think Leung is doing a great job – and as a matter principle, he should now stop appearing before these illegally appointed judges.

    If we can’t trust the judges, why even bother filing case in their courts.

  24. Fiji Forward Says:

    Agree with you Budhau, he should resign himself completely and stop making a fool of himself!!! Get a life people, to move this country we need your strength and support to make it work otherwise we’re no better than Sudan or Zimbabwe.

  25. Isalei Says:

    @FF, It is people like you and Buda and your nutheads in uniform that keep moving us backwards to the likes of Sudan and Zimbabwe. As long as there is hope for justice, we will rely on top-rated lawyers like Graham Leung to appear before these corrupt judges and try to make them see sense. If they dont, then they condemn themselves to eternal ruin and condemnation as the three stooges have done.

  26. Jese Waqalekaleka Says:

    @ FF, remember the wise words:

    ‘those who don’t learn from the past, are destined to repeat it.’

    We need to ensure judgements are well grounded because they become the basis or law in Fiji and are binding on its people. The 50c Gate’s judgement has received criticism from all quarters and it needs to be properly scrutinized for what it is.

    Many people think it too difficult because it addresses serious issues, which maybe uncomfortable for some, but if Fiji is to have a enduring democracy, then the rule of law must be adhered to at all times.

    @ Budhau, Graham puts his money where his mouth is and so does Ratu Joni. FYI, they have lost out on major contacts because of their principled stance.

    I suggest with all your pontificating, maybe you should stand back and see whether you have the balls like them and are willing to put your money where your mouth is because from all the ‘facts’ you seem privileged to, I wonder whether you can ‘walk the walk’ and not just ‘talk the talk.’

  27. Fiji Forward Says:

    Walk the walk, talk the talk gona sa caka tiko qo brother!!!! o iko cava, talk but vuni tiko??? lako yani i tuba mo laurai mada!!! like Graham who can only talk when he’s overseas, what do you call that??? certainly not a strong man to represent anybody here, forget him and face reality for the next twenty years because your dreams can only eventuate in your next life, thats if you deserve one!! but now you’re on FB’s turf and time people so buck your ideas up.

  28. Isalei Says:

    FF How about those big time COWARDS who can only talk under the barrel of the gun? What kind of thugs are these? Ya gona e na noda bula na kai Viti sa qai tamata lamulamu dina, what say we remove the guns and have a free for all? Qai laurai mada na vanua era tini kina na ululala e ra tiko e na keba. Brtish army boys doing much finer as professional soldiers, problem in Fiji too many amateurs, only good for peacekeepiing!

  29. Fiji Forward Says:

    Isa Lei levu ga na vosa io tamata lamu tiko, get them at their houses big man qai laurai mada na viavia tera tiko. British Army boys sorry to say are the rejects from the elite RFMF recruit drive, sa sega ni rawa i viti sa qai lai vana taliban tiko i Afganistan. Vacava mada mo lai join kina Isalei??? qai laga vei iko na Isa Lei dina baku!!!

  30. Isalei Says:

    @FF at least British army boys taking part in real combat vs talibans. vavei, o kemudou na gone turaga dou na kana moce, vakademeni tiko ga va qori e na keba? Oti ga dou coup. Ni warai gona na ka e caka!! Rauti kemudou ga na laki vakati siga kei na kuvu tu na veidravuisiga mai Sinai, sega ni dua nai valu, warai ka raice kemudou? Ni yavu tamata lamulamu, vosa ga ni tiko na dakai. Vakamaduwataki ira na kai Viti. Your time is running out, cause no one wants to fund an unproductive unit.

  31. soro Says:

    Sooo true IsaLei … big talk from the little penis’s hiding behind big guns.

    The military boys in Fiji are no different from the Taliban. Lots of courage behind the bullet. No morals about blowing up the lives of innocent and decent taxpayers of this country .

    What do they care about us eating chicken heads for dinner ?

    They are too busy polishing their boots and dedicating their brain cells to forming parade lines and lining up for their meals at the mess.

    Anyone would think the way they follow their Schizo leader’s every word, that we were in the presence of Rev Moon ! … LOL .. just realised ….. he IS Rev Moon every full moon, when he goes off … whissh … on another mindless ethanol-fueled trip to the stars.

    Losers !

  32. Budhau Says:

    Soro – you back to old ways – discussing the size of someones penis – does size really matter to you.
    Those Talibans, they took on them Russians – Remember.
    ..and that Rev Moon – he has a direct line to Jesus.

    Isalei – so you are saying that the British soldiers are superior to our local boys….you said it, it didn’t.

  33. Isalei Says:

    Ka djna Soro! Yayani vinaka na uniform, Polish boots, parade, vesu monataki, qiri dramu, maji pasi, salute! Eyes left, eyes right! Sega na ka e caka, vakama mada e dua na temple me bilitaki o ira na kai Viti fundos methos qori, investigate na polis lialia ya, police continues investigation, no leads so far.. Ha ha! Kilavata taxi sa rerevaki. Caka tiko vi ya?
    Ni vosota na wekaqu keu vakayalo ca taki kemuni edai. Have a good one everyone. I shall bow out to go and sweat in my tavioka patch for Sir Jim’s ethanol plant.

  34. Isalei Says:

    Buda if you in Fiji speak in Fijian. You so thick you pretend to twist words eh? Fijians in British army are real professional soldiers cause they go thru the real drill, not like the amateurs in the fiji army. Those boys go all over the world to train such as Canada, Belize, Caribbean, Cyprus, Ireland, Germany, Turkey, Wales, Scotland, Afghan, Iraq, etc. where do fmf soldiers boy apart from the vakamemedro in the sandhills of sinai?

  35. soro Says:

    LOL IsaLei – eyes right eyes left … reminds me of the time Teleni went to Labasa – quite obviously the wannabe Commish had taken his eye off the ball again walking around with army cargo trousers teamed with blue police shirt … Aaiii …. ni kaila mai dua na marama qase – sssss naita, raica … qo mai na i sulu ni Poli-Aa-Mi………Vukicala beka na polo ni matana ? 🙂 🙂

  36. Fiji Forward Says:

    Isalei and Soro are resorting to gutter lingo that makes no sense at all, the bottom line is that they dont represent no one nor anything nor do I think they have the intellect to represent anything so my advice to you two is look around, see how things are moving along normally,even see how the kiwi’s have listened to FB’s comments and kicked the She Male Clark out, look at those things and fathom it. And then join this journey, A New Dawn, A New Day, with or without you two!!!

  37. Forward Fiji Says:

    @ Fiji Forward. We move on and then in a few years we do the same coup again because an ass hole dont like the government, do we still say to our people to move on again?…I hope you will tell your Kawa if they lose there job just to move on? People like you should not even leave in Fiji. A waste of space because you dont represent the true of moving forward.

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