#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Proof Air Pacific paid New York law firm to draft Essential Industries Decree

Tuesday, September 20, 2011

Proof Air Pacific paid New York law firm to draft Essential Industries Decree

Wilbur Foster
Coupfourpointfive can today reveal that a leading law firm in the United States was hired by Air Pacific to draft the draconian Essential National Industries (Employment) Decree.

Evan Fleck
Evidence gathered by us proves the military regime of Frank Bainimarama and Aiyaz Sayed Khaiyum rode on the back of Air Pacific and its chief executive officer, David Pflieger, to recruit expertise, and eventually, allow the regime to enforce the ENI Decree.
 

Dennis Dunne
The evidence also shows Air Pacific paid the USA law firm MILBANK, TWEED, HADLEY & McCLOY LLP, to draft the Decree, which means it not only lobbied the regime to introduce and enforce draconian laws but also funded its drafting.

The pertinent question now is: Did the Australian Airline Qantas, which has 46% shares in Air Pacific, know of Air Pacific's collusion with the military regime and that its directors on Air Pacific's Board endorsed Pflieger's proposal to pay the USA firm to draft the Decree? Or was all this done without its knowledge and right under its  nose?

Either way, the Australian Government, through the involvement of Qantas in an unlawful and illegitimate act (paying of legal charges for drafting a draconian decree trampling on workers and unions) in collusion with a military regime that usurped democracy, is now obligated to answer for Qantas's actions. This issue can become a political hot potato for an embattled Australian Prime Minister Julia Gillard.

We reported last Thursday (September the 15th), a clear trend was emerging about the powerful influence foreign-owned corporations were exerting on the regime through Bainimarama and Khaiyum.

We had established the trend following documents sent to us that were signed by Pflieger (including a draft memo on the appointment of a consultant by the name of Andy Cook), plus the naming of foreign owned multinational banks like ANZ, Westpac, Bank of Baroda and even the Papua New Guinea owned Bank of South Pacific as Designated Corporations under the Decree.

We can now provide a copy of an invoice for 24.25 hours of work done by the US law firm, MILBANK, TWEED, HADLEY & McCLOY LLP, which was sent to David Pflieger on June the 8th, 2011, requesting Air Pacific wire $USD 23, 943.75 or FJD $43,200.00 to them. 


The 24.25 hours of work was done between February 10, 2011 and May 8, 2011. It was mostly carried out (24hours) by MILBANK partner, Wilbur F Foster Jr with the international company being paid in US currency.

The cover page of the invoice addressed to Pflieger refers to work done by MILBANK on Air Pacific/Proposed Insolvency Law. Tasks involved included conference calls, reading the draft decree (this is the decree Coupfourpointfive reported in May), corresponding with Air Pacific and dealing with MILBANK lawyers Evan Fleck and Dennis Dunne.
 
Work carried out also involved corresponding on the draft decree with Air Pacific lawyer, A Siwatibau. We have established A Siwatibau is from the Suva law firm of Siwatibau & Sloan. A (Atu) Siwatibau and James Sloan are partners in the firm. They were appointed Air Pacific's lawyers after the regime directed the airline not to use Munro Leys, whose partners are pro-democracy activists: prominent among them are Richard Naidu and Jon Apted.

The invoice in question (we are told its one of the several) amounts to hundreds of thousands of dollars and clearly shows Wilbur Foster Jnr's hourly rate is USD$995 or FJD $1800 an hour.

There is no denying the regime's appetite to devour human rights using illegal decrees is being funded by multinational corporations - or in this case a corporation that is 46% Australian owned.

MILBANK was founded in 1866 and its New York headquarters are at 1 Chase Manhattan Plaza,  with offices in major cities worldwide.

We publish in full the copy of one of the invoices from MILBANK.



72 comments:

  1. Great work C4.5 and whoever gave you all those information and documents. Great to know too that many are working secretly backstage to enlighten us with whatever is secretly being brewed up by ASK and Baini.

    More please!

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  2. THANKS C4.5!

    While the rest of Fiji rests on its laurels; PLEASE... BRING THIS PHUCKIN REGIME DOWN with all that you are exposing!!!

    Fantastic work!
    Keep it up you good thing!!!

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  3. Tu na da
    All this talk about fighting corruption is all nonsense.

    Frank is the most corrupt leader we ever had in Fiji.
    Lets get rid of him now and kick Mr Pfliger and his entourage out of the country.

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  4. Evidence of another crime against the Fiji people.
    Please stop them quickly before the money is handed over.
    Make David Flygo pay the bill before he changes his name to Flygone.
    -Sydney Tourist

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  5. I am constantly amazed at and admire the the amount of information from within that is obtained against this regime. It shows an army of educated people opposed to this dictatorship. I am on the investment side and am quite disgusted at the extremes taken by FIRCA to avoid paying overdue tax refunds of all types. No wonder investors are few and far between as they talk to their respective Embassies.

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  6. ...Nothing will be hidden in fact everything will be out in the open for every man to see (even things done in secret)...its amazing that some top local lawyers we think that will never compromise their principles to the dollar sign are the ones scrambling first ...God Bless Fiji...the TRUTH WILL ALWAYS PREVAIL NO MATTER WHAT THE CIRCUMSTANCES MAY BE...

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  7. Well done C4.5 and those who saw Pflieger for what he is and who have now exposed him.

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  8. It's possible Pfliger pulled the wool over the eyes of Qantas. Either way as you say C4.5, Qantas and the Australian government need to denounce Pflieger.

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  9. Great work guys!!!You must all be commended for your work.More proof of a foreigner changing the laws of our land and oppressing the rights of locals yet those in power think the sun shines out of his a$$.I certainly hope that those who can make a change stand up and speak out against the regime now as surely they can see this is unfair treatment against the citizens of Fiji!!!!I also think the Australian Government should seriously consider looking into this ENI decree as Qantas has a major share.Although Qantas staff are having problems with Allan Joyce and his "profit making" descisions they do also have the right to strike and voice their concerns unlike Air Pacific unionised members.The ENI suggests otherwise but hey,we did not come down in the last shower.I am also amazed at how the Board of Directors had no knowledge of this...I seriously doubt that though or they would have had balls like the FHL Board of Directors and shareholders and lobby to remove this wanker and have him investigated.One can only hope common sense and Justice will prevail!!!

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  10. Disgusting and reprehensible.

    Air Pacific and Qantas should have already known about the impropriety of this sort of behavior. It is just like that case of Allens Arthur Robinson at Ok Tedi, and was Rio Tinto’s Bougainville Copper mine in 1995.

    Air Pacific and the military regime continue to treat the people of Fiji with such contempt - truly worrying.

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  11. Why on earth would Air Pacific and Swiatibau & Sloan engage US-based lawyers?

    Whatever its current state, Fiji's legal system is a product of the Commonwealth and all its legal history and precedent.

    Hiring US lawyers to research US law and write a draft decree for a Commonwealth-derived country just seems incredibly incompetent.

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  12. Talking about 2 million hits can someone explain why the champion of the illegal regimeCroz walsh is citing figures without a flag counter? Interesting times when you quoting your own statsitics.

    FLIPCARD VIEW
    FOLLOW US ON
    FACEBOOK
    JUNE VISITS
    30,023, of which 9,440 were from Fiji. May: 36,725, and 10,454.

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  13. Talking about 2 million hits can someone explain why the champion of the illegal regimeCroz walsh is citing figures without a flag counter? Interesting times when you quoting your own statsitics.

    FLIPCARD VIEW
    FOLLOW US ON
    FACEBOOK
    JUNE VISITS
    30,023, of which 9,440 were from Fiji. May: 36,725, and 10,454.

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  14. Great work 4.5 - we are addicted to your news now for we know that we will get breaking news all the time...vinaka, dayawad.

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  15. How will Dave Pflieger and Khaiyum try wriggle free from this, the lying coyotes.

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  16. Forget Me Nots.

    Forget AUS - right now preoccupied with boats not planes.
    Forget QF - proposed AP treatment of its workers is nothing compared to what they have in mind for their own workers. Forget not this American law firm has done nothing wrong - they were asked for legal advise - they gave it - this is how international business operates every single day. But most importantly Forget Not where all this could be leading? Ultimate sale of AP & all its assets which include - sale of Viti as a South Pacific transit hub - so keep an eye on this one - be some big numbers crunched here -this sort of thing is more usually known as Selling The Farms Assets.
    Who say's now Vore & Nailatikau are dumb?

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  17. It is historic that Corporations get into bed with Dictatorships and facist governments.
    Why is Air Pac saddled with this cost.

    The foreign banks better pay this fucking Bill and they better believe me when I say WE WILL NEVER FORGET THIS.

    THIS IS A PROMISE TO THE BANKS, 5,10, 20 YEARS, WE WILL NOT FORGET THIS. YOU WILL PAY!!!

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  18. FIJI IS BURNING! FIJI IS BURNING! FIRE FIRE!FIRE FIRE GO AND FETCH ME SOME WATERS! UMMMMM! UMMMMM!

    TM

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  19. American David Pfliger is public enemy #1. Can someone hang him from the nearest coconut tree?

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  20. The question needing to be asked now is, who are the real thieves ? $23,943.75

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  21. So Pflieger using Air Pacific money to scre Air Pacific and its workers? That's what one calls a double whipping

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  22. I am not flying Air Pathetic anymore==I prefer my bili bili to it.Air Pathetic is Hitler's Luftwaffe.Pfluger is Goering !!---

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  23. This is THE result when you sack locals, who know the 'local scene', know how the people tick, know what is GOOD and professionals in their individual fields, and replace them with 'fly-by-night' so called professionals who have and will take advantage of the ignorance of the IDIOTS.
    It is also a testimony to the fact that they are fast and sure running out of local people with grey matter!!

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  24. While corporations from offshore laugh all the way to the bank normal small to medium sized business owned by local hard working Fiji citizens are made to take it up the you know what by the government. I am a small business owner and i would like to post my analysis on what is happening in Fiji. If the webmaster is interested please give me an e-mail address that i can post my hard day to day analysis of the struggles suffered by the local business community and how it affects the everyday lives of all Fijians.

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  25. I'm looking foward to listening to Ms Smith Johns explanation about Dirty Dave

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  26. Anon@9.03pm...pacificinthemedia@gmail.com

    this email addy is on the left hand side of our page

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  27. Pflieger and his cronnies need to be thrown in jail. And now, what BS will they come up with to cover their smelly white ass.

    I don't trust Air Pathetic anymore. It's falling into pieces and is near bankrupt. God bless this silly coconut airline.

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  28. Qantas and Aussie govt needs a good poke over this

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  29. The peoples revolution must make the air pacific man face justice in fiji- this is treason against the workers of fiji who are now sent to below poverty line.

    Who elected this man to come and do politic in fiji?

    It is now confirmed the junta is run by a tin pot no school dictator who is a stooge for hand puppet master and cronies.

    Who wrote the speech for the UN Trip? is is air pacific man.

    The unsions and workers and fnpf pensioners and churchs must now march and do citizen arrest of the junta of thugs/all cronies and put on trial.

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  30. EXPOSE' LIKE THIS WILL CAUSE THE PM ILL HEALTH.....ISA THE "POOR" MAN.SO WHAT IF HE SPENDS YOUR MONEY.DON'T LIKE IT THEN LEAVE FIJI .INTERESTING TO HEAR GUJJIS COMPLAINING....NOT ENOUGH PROFITS THESE DAYS???? YOU GUYS DON'T LIKE COMPETING WITH GOVT. FOR ALL THE SPOILS????? REMEMBER DON'T STEAL...THE GOVT. DOESN'T LIKE COMPETITION !!

    sombo sombo

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  31. White man can't jumpSeptember 20, 2011 at 10:36 PM

    Eh... who cares who wrote the decree? Why attack these foreigners who have no interest in fiji other than money? The real culprits are the people making these pieces of paper into decrees.

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  32. uu lala.. shumotzle shumotzle..

    yes the noose is tightening around your scraggly necks-

    Sharon, Bai, Assi, Bano, Nazrat, Daniel, Carl, Tikoitoga, all you other phukers.........

    Cant wait to see the day you all perish.

    YEESSS!!!!

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  33. Excellent work C4.5. Keep exposing them all!

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  34. maybe this law firm will draft our new constitution tailormade to keep Aiyaz and his boy Frank on the top.

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  35. Four Corners working on this.

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  36. please let Four Corners know. More people request the better chance they will run the story,

    http://www.abc.net.au/4corners/contact.htm

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  37. So this is another work of the stupid Illegal AG and Baini...
    They think that it is smart to hire some ppl who don't understand what is going on in Fiji. They don't even have the slightest idea about the economical and Political struggles the people of Fiji are going thru. They don't understand the traditional, cultural and social behaviour of the people of Fiji which plays vital roles in the economical climate in our country.
    All they did was design a Decree based on what the regime wants. That is to come up with the best and smart wordings ( which is silly and draconian), to hoodwink and deny the hard working people of Fiji. And at the same time deny them the right to be represented by experienced Unionist who are well versed with the International Labour laws, and can be thorny to the company's when they bargain for fair pay and better working conditions.
    I am even saddened to note that more educated locals are pushed aside and more expats hired to take up CEO positions in Fiji. And the question to ask ourselves is, what is the point of trying to establish a better education system in Fiji? What is the Minister For Education doing about this? Why do we ask that their is a lot of Brain Drain in our country? We all know the answer now.
    Locals who are capable and can do a better job to enhance and boost the Local economy, are leaving our shores for greener pastures knowing that their skills and knowledge are recognized overseas, and the return is much better as well.
    To the Illegal Minister for Education, do you think it is worthwhile when you are encouraging young people to further their education when they know that expats are going to take over the positions they are working hard and rightfully deserve????? Your education system is defeated if this is going to be the case as your illegal regime has championed now.
    It is time to bring down this illegal regime and bring them to justice, before they ruin our Economic, Cultural, Traditional, Reglion, Govenrment and other establishment which we hold so dearly in our hearts.
    Now is the time to bring them down and send them to Naboro after puttingthem to answer their deeds in a proper Legal Justice System.
    Democarcy for Fiji!!! Thumbs up!!!!

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  38. @Vanua. Who say's now Vore & Nailatikau are dumb?

    No school Vore... You call running the country straight into the gutter 'smart'?

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  39. This is it on the people of fiji who must do a people power revolution to do citizen arrest of this no school no brain junta and its tin pot dictator.

    The puppet master has been pretending he wrote the decree when he hasnt been to court once in his life- even a divorce case.

    fiji is doomed and out of control.

    fiji needs people power and no people charter- junta of thugs can wipe their butts with people charter.

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  40. Time to put pressure on Aussie and kiwi gov to help change. All of us os should write to your local MP.

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  41. 5 items to be removed from price control list reports Fiji Village. now check which companies import or make these products!

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  42. So ASK is not so smart. He needs US to write decrees for him. This has been going on since feb and yet he told ABC he knew nothing. Remember. Bloody liar.

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  43. This shows fiji unions have good sources. Only unions can expose this kind of top secret docs. Keep up the exelent work. The workers back you all the way. Bring them down and take us to democracy. Thank you.

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  44. with the exposure that pflieger is the mastermind behind the decree and with ulterior motives, can someone please send these documents off to ILO and other international workers' organization. pflieger definitely has no place in fiji's society.

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  45. This just goes to show how stupid Aiy-arse is. He cant even write this law on his own....has to get the educated people to do it for him. I wont be suprised if we later find out that all other decrees and laws passed earlier were drawn up by overseas law firms. same old aiy-arse....this is the very reason Colonial kicked you out. u looked smart in your suite....talked like an automated oxford dictionary but could not do any work...instead outsourcing work to outside law firms. wawa tiko i keri...malua tobo sa moku ko iko na koki...hahahaaaa. one day boy

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  46. @Mafi.
    The kids also can see that if you join the army, you can get a short-cut to a high Civil service post.Even if you don't pass high-school.
    That's why they all want to join the army.

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  47. Where is the Board in all this, surely they must be in the know. Isn't that where the buck should stop?

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  48. I am the one controlling ASK.

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  49. The real horror has been missed in your posting. You have here evidence of a much bigger story. The US lawyers billings are not for the Essential Industries Decree but for proposed insolvency (i.e. bankruptcy) legislation. If true, the plan clearly is to declare Air Pacific insolvent and write off its debts, to say nothing of contracts for aircraft, etc. Notice the reference to "lessors' possible response". This is obviously a reference to aircraft leases. This is likely the death knell for one of our vital national assets. Please send these documents to the Australian press in particular. I can see the headline now: "Air Pacific to be declared bankrupt by military regime"

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  50. @ Anon 8:37am

    NO, he is NOT DUMB. Far from it. He is however EVIL, THROUGH AND THROUGH!

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  51. Fijians should ensure that the Law firm who wrote up these illegal Decrees, is harassed, harangued and challenged in their own State and country. Perhaps somebody could write to the local Newspaper there and challenge their reporters to investigate and expose them in their local Paper etc. and in the general Media in their hometown.

    http://www.milbank.com/offices/new-york.html
    +1-212-530-5000 (T)
    +1-212-530-5219 (F)
    Milbank, Tweed, Hadley & McCloy LLP
    1 Chase Manhattan Plaza
    New York, NY 10005

    http://manhattanmedia.com/

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  52. crap..somebody nids 2 bomb cea ass'..karaik..tis just shows how geniass cey are..levu ga na dai..

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  53. TIME IS ON US FIIANS TO SOLVE THIS PROBLEM OURSELVES>>AUST AND NZ WONT LIFT A FINGER UNLESS THERE IS A CHANGE IN LEADERSHIP OR ELECTION ON BOTH COUNTRIES OR BLOODSHED HAPPENING IN FIJI>

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  54. ASK and Crank are dumb,stupid,fucked up,conman,liar,pufta,bastard ...you name it ,he is ,but you know what he thinks he is God's gift to us SO we have to fucken get rid of him.What is happening to VRF,or are you just laamu again.Please we are sufferring and want a change NOW,NOW NOW,2014 is too far away and NO gurantee that elections will happen,they are liars,pleeeeaaaasssee,I beg you

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  55. The team at FDN extends warmest congratulations to Coup Four And A Half for outstanding journalism in exposing Air Pacific's malignant collaboration with the Bainikhaiyum military dictatorship. This is how we grind down the bastards! Well done and keep it up!

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  56. With all this hard and damning evidence, what say you now Sharon?????
    The WHITE pussy cannot now protect the male white pussy cat, can she??
    Open your MOUTHS some more white pussy!!!!
    You will [and have been ] be shafted pussy cat!!!! You certainly asked for it AND you have and WILL get it you SOD!!!!

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  57. The items removed from price control are ALL basic food items that affects all of us.
    Why the removal you may ask - BECAUSE THIS ILLEGAL REGIME IS CASH-STRAPPED AND ARE HARD UP FOR MORE MONEY!!!!
    Promising the rural people roads, water, electricity, air strips etc, etc costs money. Hello!!

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  58. @2:42 PM. He's dumb but Baini is dumber. Go rid his 'thesis' - probably the dumbest thesis ever written.

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  59. @ Anon 4:37.

    Trues up - inappropriate use of grammar - kindly except cunning - devious - no school - unemployable as substitutes? Concern is that this gang could be intending selling AP + Viti sssets short?
    Won't disclose whats in any 'proposed' package involved in the sale of AP? Because if this looks like the way its going? Vore & friends recently pictured on associate blog had caption "Selling Fiji's air space". Does sale of AP also include Nadi + all others terminals in Viti?
    What about existing staff - or will be outsourced to Hula Girls?
    What about internationallanding rights? Believed its called Privatisation. Also very concerned about any of these people Nailatikau Vore & the failed bomb maker having anything at all to do with finance - keeping in mind these very same people still won't provide any public details where exactly did the vast majority of the supposed $200 million cash from Suva Wharf actually finish up? Probably just pure coincidence Khaiyum was in Geneva attending some undisclosed conference when all this Suva Wharf stuff happened.
    Say this guys role in this unholy Trinity would be Legal & Financial Adviser - or How To Steal Without Getting Caught.

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  60. Airpacific staff must strike and kick out the law making decree CEO.

    The profit sharing plot is whood winking there has been no profit and there will be nor profit but loss.

    so what is to share.

    workers revolution in fiji to kick out the decree and arrest the junta and its dictator is s must

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  61. Thank you mark manning. Putting pen to paper

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  62. This is Dictator's Reform- listen here and listen there some one gets some one makes a decree then get the pisspot president to sign the decree.

    briliant law making in fiji under PER.

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  63. Kanti Tappoo in CannesSeptember 22, 2011 at 5:10 AM

    Times up boys. Jail time around corner.

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  64. @ANNON12:45am..You can bet your ass on that.!!.

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  65. There must be an American law that prosecute its citizens who condone illegality. Pfugker ought to be reported to the American Embassy in Fiji. It is utter disgrace what he has been able to destroy in less 18 months in Fiji. What the Fijian people and Air Pacific built in 60 years this American con artist will destroy in less than 18 months. May your soul rot in hell.

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  66. This story was the best scoop in months. Fiji union members support this blog. Only place to find real news in censored fiji. Carry on the excellent work. You are getting the blessings of thousands of fijians every day.

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  67. Your opinions are quite interesting, I enjoy reading what you write. Hope to hear more from you.

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