#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Fiji judges take easy way out on Karunaratne ruling

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Wednesday, July 11, 2012

Fiji judges take easy way out on Karunaratne ruling

First to bend: Ratuvili
Second to bend: Temo

As predicted the High Court has sided with the regime and overturned an earlier decision by Fiji's Chief Magistrate,Usaia Ratuvili, to allow Jagath Karunaratne to travel to Sri Lanka to attend to family commitments.

Justice Salesi Temo yesterday ruled in favour of the DPP, Christopher Pryde, even though the wrong application was filed on Friday in the Suva Magistrates Court, procedure was again not followed on Monday in the High Court, and he failed to rebutt before the bail application got to Ratuvili.  

In making his decision, Temo claimed he ruled in favour of the appeal by the regime 'after very carefully going through arguments by both sides' and 'In the interest of justice'.

Temo has not revealed his reasons (he has promised to cite them later this month) for going back on Ratuvili's original ruling (see document below), but there is no doubt he has bowed to pressure, just as Ratuvili was first to do.

With the rule of law long gone in Fiji, it is all too easy to deny citizens their rights.









DPP's appeal
http://www.mediafire.com/i/?9f0yud2r675s5za
http://www.mediafire.com/i/?m3e335l31ruo272
http://www.mediafire.com/i/?d7owe6e3i55c98k
http://www.mediafire.com/i/?x0148xd7uklxscf

42 comments:

Anonymous said...

I wonder what khaiyum and pryde have to say.
fiji judges are controlled by pryde/khaiyum.
we didnt have that in 2006 in elected govt.
so fiji have khaiyum bs decree an this judges are puppets.
i hope overseas donors can see.
all the happening in fiji judicial system.
corrupt regime/judges/other.
rajesh

Paula said...

Our completely independent judiciary at work!

Anonymous said...

khaiyum and nazhat taliban court in fiji now.
fijian judges have no guts to give fair judgments.
what a joke of the constitution and law in taliban court.
when will the lawyers and judges will stand up for justice and uphold the rule of law and constitution.
wake fijians.

Anonymous said...

no justice served in fiji court system now.

Anonymous said...

"Nobody can give you freedom. Nobody can give you equality or justice or anything. If you're a man, you take it."
- Malcolm X  

Anonymous said...

Jagat is a hero in fiji .
well he had the balls to stand up and fight the regime.
where are the bati and fiji warriors.
Armies are blinded and is been used by baini and khaiyum to fill their pockets and dismantle fijians chiefly system/others.
god bless you my friend Jagat.
fijian armies should be a shame .
one sri lankan fighting for fijians.

Anonymous said...

This is just a preview how regime controls the judges/court.
we cant see a fair trial for jagat and pm lq and others.
no justice will be given to them.
sad fiji has gone to the thugs and crooks.
our judges and lawyers are not standing up for justice and rule of law.

Anonymous said...

SHAME ON YOU TEMO.
LAMU LAMU KAWA CA.

Anonymous said...

Judge goundar ran away to auss now.

Anonymous said...

Auss police should question judge goundar on his illegal role in fiji court.
I hope senator carr can talk to judge gandu.
he will spill the beans.

Anonymous said...

KANGAROOO COURT!!

kite flyer said...

judges in Fiji bend to regime pleasure... it's the new pattern of play in the administration of justice in Fiji.
and needless to say spineless judges will find it easier to bend...

k said...

I can't understand why Salesi Temo had to " very carefully go through the arguments on both sides" and all that when all he had to do was listen to what his political handlers wanted? does that make sense or does that make sense!!

mark manning said...

It's not the monkeys running Fiji who should be locked away, it's the imbeciles who stand by and let them.

Anonymous said...

Dont worry Jag, things will happen. You just stay back and relax and we will things. Just make sure you are around to celebrate with us and we will put you right up there. We know you and we are keeping an eye on you my friend. take care

Anonymous said...

How can NZ/AUS keep quite like this when they know there is no justice in Fiji and everything is controlled. How can the media in NZ not put pressure on their govt when one of their citizens is victimised. How can all these happen and Fijians sleep in their slumber....How can and how can........but whom to ask????

Anonymous said...

Fijian armies have to correct things for its chiefs/god/vanua.
if not than the armies should all follow khaiyum to toorak mosque.
fiji armies are muslim brotherhoods slave.

Anonymous said...

Qarase later acquired shares: Court July 11, 2012 02:17:04 PM A+ A- | print | email | mobile Bookmark and Share 0 inShare Follow @ Twitter Fiji’s High Court in Suva this morning heard that former director of Fijian Holdings Limited (FHL) Laisenia Qarase later acquired shares at Mavana Investments Limited. This was revealed to court by Fiji Independent Commission against Corruption (FICAC) witness former FHL secretary and chief executive Sitiveni Weleilakeba after he was re-examined by FICAC lawyer Michael Blanchflower. Blanchflower during his re-examination asked Weleilakeba if he had signed an FHL letter with an $18,000 cheque during his time as the chief executive and the letter was addressed to the chair of Mavana Investments Limited and was under the care of Laisenia Qarase. Weleilakeba confirmed to court that he had signed this letter along with another letter that was addressed to the chair of Cicia Plantation Co-op Society Limited and was also under the care of Qarase. Blanchflower asked Weleilakeba why the letters and dividend cheques were addressed to Qarase. Weleilakeba told the court since Qarase was the applicant for the shares, all future correspondence of the shareholders was directed towards him. Blanchflower then asked Weleilakeba that Qarase was not a shareholder but he was the financial advisor to Cicia Plantation Co-op Society Limited. Weleilakeba replied that this was true and he has seen correspondence and have spoken to the people of Cicia who have confirmed to him that Qarase was their financial advisor. Weleilakeba was then asked about another FHL letter that was addressed to the director of Q-Ten Investments Limited which enclosed a cheque of $20,000 and was under the care of Qarase. Weleilakeba confirmed to court that at that time Qarase was the director of Q-Ten Investments Limited and all correspondence of Q-Ten Investments Limited were directed towards him. Weleilakeba then confirmed to court that Qarase was experienced in the business field. Defence lawyer Tupou Draunidalo in cross-examining Weleilakeba asked him if a summary was given to the board which includes all the names of the shareholder and directors of companies holding shares in FHL. Weleilakeba answered that this was true and the summary was there and if board members wanted to see the names of shareholders or directors they would do so in plain sight. Qarase is charged with six counts of abuse of office and three counts of discharge of duty with respect to a property in which he has a private interest. It is alleged Qarase between 1992 to 2000 while employed as a director of Fijian Holdings Limited, Financial Advisor of the Fijian Affairs Board and advisor to the Great Council of Chiefs, in abuse of the authority of his office, did arbitrary acts. It is alleged he applied in the name of Cicia Plantation Co-op Society Limited, Mavana Investments Limited and a family owned company named Q-Ten Investments Limited for the issuance and allotment of Class A shares in Fijian Holdings Limited. The trial continues. By Mereani Gonedua

Anonymous said...

I wonder what would happen to a Fijian National or any other if they undertook the same in Sri Lanka ?

Most likely the same or worse.

Anonymous said...

frank and khaiyum have f fiji .
we all waiting who will lead the protest march or fight the regime.
fijian have to have guts
.i wonder where is tora/speight /others freedom /fijian fighters.
we had enough of khaiyum and frank bull shits.

Anonymous said...

Just because someone is murdered or treated inhumanely in Sri Lanka, we in Fiji should also become dogs of inhumanity - come off you imbecile torture from military

Anonymous said...

The country has gone to the dogs. Fiji is finished. You will live like this for decades to come. So decide now if you want change or happy to live this depressed life. Rich will get richer and the poor will get abused.

Anonymous said...

Anon 6.58PM

Undertook what?? Stood up for what is right? Did what many others couldnt do? Made a mark against the regime? Had the guts to stand up in whatever the way possible?

Anon 8.19PM. Agree

Anonymous said...

Fiji Village site has gone down

Bring on elections said...

Is this a set up or what? Frank Bainimarama finally letting these beatings be seen cos he heading to elections and wants to be seen as all clean and tidy now. Does he and Tikoitoga they think we are dumb?



Soldier suspended for assault: Tikoitoga

18:33 Today

Colonel Mosese Tikoitoga

Taken from/By: FBC News
Report by: Vosita Kotoiwasawasa

Private Samisoni Tabulawaki of the 3FIR regiment in Lautoka has been suspended by the military after being charged for alleged assault by Police.

Private Tabulawaki allegedly assaulted Mohammed Kamal and his son Rafael at their work site in Votualevu, Nadi over the weekend.

Land Force Commander, Colonel Mosese Tikoitoga says they won’t condone such acts.

“Like all other civilian cases by the military personnel, we will suspend him pending the outcome of the court. If he’s found guilty, he will be discharged from the RFMF. Unfortunately in this case, Private Tabulawaki decided to take the matter into his own hands. We have accepted Police to conduct their investigations and we will do our own board of enquiry.”

Meanwhile Police investigations into the matter continue.

FBC News tried to speak to businessman Saten Kumar on his alleged involvement but he refused to comment.

Anonymous said...

Edmund Burke once wrote 'fraud is the ready minister of injustice'.

With Aiyaz Sayed-Khaiyum as Fiji's ready minister of justice, the outcome is the same.

Anonymous said...

Everyone in the Judiciary are bending over for the rascals that control them!!

Bloody crap!!

Radiolucas said...

In Fiji the rule of law has become "You are presumed guilty unless proven loyal to Frank and his cronies".

They are clearly more than willing to move whatever goalposts they see fit to suit their agenda.

Francis Kean - convicted of manslaughter - jailed for 14 minutes and a cup of tea.

Jagath Karunaratne - presumed graffiti terrorist - refused bail to give more time to the regime to invent new charges against him.

Anonymous said...

@9.29pm..Tikoutoga is so full of shit..werent they the ones doing all the beatings ..murders and tortures??..They think we are bloody dumb and stupid like them..How sick and low opportunists can go to justify themselves is sickening..Tikoitoga..dont ever think that the memories of your beatings and taking of innocent civilians up to the camp will ever go away..its still very fresh in our memories and I hope it always stays in your concience and it will haunt you for the rest of your miserable life..You dumb stupid Dickhead..Get a life you macawa..

kite flyer said...

was judge salesi temo's decision to overturn the bail application by karunaratne governed by a careful consideration of the legal arguments or was it governed by political considerations? my guess is the latter. I wonder how many others would guess that way?

Anonymous said...

justice is not served in fiji court now.
Its khaiyum court.
I dont believe any good things will come out of this case for jagat and pm lq.
judges and magistrates are controlled by dpp and khaiyum.
god bless jag/pm lq.
if you dont get justice in khaiyum court .
you will get justice in god court.
regime thugs will burn in hell forever.
keep the faith and god will bless you.
Rajesh

Anonymous said...

@9.29PM. If you look at the names of the people who were beaten up then you can clearly see why the army guys were suspended and who ordered. Army can beat anyone up, but not the ones with those names

Anonymous said...

@kite flyer

There are no written reasons given for the ruling, so its unclear what the basis for the decision is, and more so the legal reasoning.

Radiolucas said...

Maybe we should invite the various HK, NZ, UK and Oz Law Societies to see how very independent and ethical our judiciary is.

I wonder how the SC from HK is going to deal with this when he has to return to HK? I doubt that the HK Law Society is as venal and corrupt as our judiciary...

Anonymous said...

MANY FLP MEMBERS ARRESTED BY FIJI POLICE

Anonymous said...

FijiVillage.com good site for latest news..now defunt..with malware infections.. Fijilive.com not as good but working rite now after overcoming malware infections. FBC website sucks big time...news with one sentence...I can't believe it.. what kind of ppl we have working in those places..need to get more trained or something..

Anonymous said...

Temo is one of the few local judges whose contract was expired..

Anonymous said...

vyas deo sharama and 15 flp people taken in by police in lautoka.
where is so called freedom of speech/others by liars khaiyum/frank/mosese.
ghai/others read this and see how frank/khaiyum using you guys.
rajesh

Anonymous said...

Timoci Vesikula testifying against Qarase.

Vesikula, boci, these are people who put forward their properties to secure loans from FDB to buy shares from FHL. They took risks when the opportunity arose and it turned out profitable. It could have gone the other way but didn't.

They did not abuse their position in govt to try to extort money from PWD for that roadside strip in Samabula.

Or drive out the Nadera taxidrivers who were just trying to feed their families

Anonymous said...

Jagnath Karunaratne should have changed his name to Mohammed Nur Bano then he won't have any trouble with the law.

Anonymous said...

Fijisun site also infected with Khaiyum virus. Latest anti-virus has tried to remove sentences containing the word Khaiyum but has failed. Readers are warned to try to ignore the word but we don't like your chances. Seems like the was introduced by the site owner with intention of infecting whole of Fiji.

Anonymous said...

One wonders why other people who have abused government funds and offices, have not been brought to trial;

1. We remember Esala Teleni and that army section that he was heading that lost about $2million, why not charge him for that?

2. The famous Regimental FMF fund, which its audit reports for the last ten years has not seen the light of the day. FMF Commanders should be charged for that.
3. Remember the bandsman who became Captain, Major, Ltf Col, 1st Secretary, Deputy PS,PS, then Commissioner Eastern, then disappeared behind the barracks!. One wonders what salary he is being paid now - PS SALARY or Commissioner salary, or bandsman? All of these without any additional qualification, training, or examination. Imagine other senior military officers who have struggled to be promoted through the ranks throughout their careers. This particular one made to the top and back in two to three years.
4. Why are the salaries of senior regime self appointees and coup makers being paid through an accounting firm? The so-called minister for finance should be questioned when there is a government department to do the job, yet another firm is hired to re-do the work. Some people should answer to these.
The list could go on and on, or may be we could start asking the DPP to lay charges on the coupmakers as a real test for their real independence.