#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Two judges now caught up in case against Karunaratne

Saturday, July 7, 2012

Two judges now caught up in case against Karunaratne



It could have been a scene from the Hollywood court room drama, A Few Good Men, except many of us know in Fiji, the good guy doesn't win. 

In the Tom Cruise movie, legal eagle Danny Kaffee takes on the U.S. Navy and wins: in the Jagath Karunaratne case versus the regime, the Director of Public Prosecutions is making up the rules as he goes along.

Those following the case and our earlier story will know that Karunaratne and his lawyer, Rajendra Chaudhry, were forced to go back to the court room after Fiji's Chief Magistrate did a u-turn on a decision to allow him to have his passport to travel to Sri Lanka on a $5000 surety.

The hearing in the High Court yesterday afternoon followed Usaia Ratuvili's unusual decision to suspend his own ruling until the Director of Public Prosecutions, Christopher Pryde, had time to formally file against it.  

In front of a packed Suva courtroom, Justice Salesi Temo (pictured above left) agreed with Karunaratne's lawyer, Rajendra Chaudhry (pictured above right), the state had not followed procedure saying: "This is like getting hold of me on the streets and asking for a judgement." 


Chaudhry and Temo then engaged with Chaudhry saying there had been a clear abuse of process, and that "If this is allowed every time the Magistrates Court grants bail, the State will run to the High Court with an appeal and it could jeopardise the respect given to the Magistrates Court."

Sources say the real drama started, though, when Temo tried to justify the DPP's handling of what is obviously a very critical case for the regime, when he claimed 'a lot of people are trying to leave Fiji without facing trials.'

Chaudhry shot back with: "That is simply because there is no Parliamentary democracy, no fair trials for people and people have been taken to camp and beaten. If I am in their shoes today, I will also leave the country because I know that I would not get a fair trial!"

Sources say Temo tried to shut Chaudhry  down but he pushed on with finger raised, saying: "Let me finish and listen! The fact here is that I haven't heard anywhere before this kind of an application allowed before the High Court and this is procedurally wrong."

According to sources the packed courtroom was riveted: "You should have seen the expression of the Judge ... he didn't know where to look or hide.  People in the court started laughing and looking at each other in disgust."

Disregarding Chaudhry's argument the application is an abuse of powers by the state, Temo told the court room he would give the DPP another chance to submit its application.

Temo's decision means the regime has until Monday morning to submit a motion with an affidavit before 9am to Chaudhry. 

Ironically, the case is then expected to be heard at 2.15pm, less than an hour before the Chief Magistrate, Usaia Ratuvili, is to hear the case he originally suspended on Thursday.

Editor's Note: In a second case yesterday, Rajendra Chaudhry also challenged the state's stance against the sacked public workers, being heard by Justice Angela Wati. He raised hell when prosecutors said the workers were dishonest, by calling into question the appointment of convicted murderer, Francis Kean, as Permanent Secretary of the Public Workers Department. Sources say Wati was forced to bring the court to order.

90 comments:

Anonymous said...

Go Rajendra Go!

Anonymous said...

Thanks RPC, you a hero

Timoci Ratu said...

Way to go Rajen...Keep up the good work.

Anonymous said...

Rajend will take any case to get publicity. Pls investigatge who does all his paperwork, you will be surprised?

As for Jag, men this man is slippery ass the eel. We seem to like everyone who is against the regime, even if they break the rules themselves.

mark manning said...

Incredible, that's twice in two days !
I've just being watching "The Glee Project" on channel 10 in Sydney, now 7 p.m. and it was about bullies !
Brilliant and emotive and had my blood boiling as I can't stand bullies.
Good on you Rajendra, you should be the next Legally appointed Attorney General for the stance you are taking.

Radiolucas said...

Saw Hilary Clinton on the news saying this:

PARIS (AP) — Secretary of State Hillary Rodham Clinton is hailing the defection of top military officials in President Bashar Assad's inner circle as the United States and its international allies seek global sanctions against his regime.

Western officials reported top Assad aide Brig. Gen. Manaf Tlass's defection Friday.

Clinton referred only to reports of Tlass' departure but cited an "increasing stream of senior military defectors."

She told reporters that "regime insiders and the military establishment are starting to vote with their feet."

She also said the defection shows that "those with the closest knowledge of Assad's actions and crimes are moving away. We think that's a very promising development. It also raises questions for those remaining in Damascus, who are still supporting this regime."

Ratu Sai said...

Now this guy has come of age and makes wonder if he is the only lawyer with balls in the country.

mark manning said...

I regret not staying to chat with Rajendra when he was in Sydney at Belmore Bowling Club with Ratu Mara, though I did acknowledge him.

Anonymous said...

Stand up Rajendra, lift your head up high.The truth always reveal.Common Fiji citizens we need to hold hands together, using people power !!!! Kua tale na galu.

Anonymous said...

Rajen is another con artist n doing all this publicity stunt. Ask him at the $3m hid by his father

Anonymous said...

You're all friggin mad. Rajen Chaudhry is a total crook and the main reason his father got topped as PM. Where is the judgment of all you people? You hate the regime so much you leap into the arms of its enemies. You have no idea how stupid from this distance.

Anonymous said...

I'm sure the illegal AG Khaiyum ass,
will come up with a decree to shut
down RPC? Rajen knows that the interim Government can't touch him
unless, he does something stupid like his Father the Choro, and Choro knows that he's toast and no
indo-Fijians will ever trust him
again.He's banking on Rajen to take
his spot,in Fiji politics and what
better way to introduced Rajen,to
the general public, then for Rajen
himself, to take a tough stance against the illegal Government, from the judicial system of Fiji?
Khaiyum will yet,found a way to shut-down this little boci? And when he does, a decree will follow
suite?

Anonymous said...

Way to go rajen. I'm not suprised at how the unelected self-proclaimed constitution amending aiarze n bainivuaka are geting these people to court at this particular time. Just when they're starting their voter registration drive, they bring Qarase and other rightously elected individuals to court. I guess mahen chaudry will be next. This govt will try to have all its enemies locked up before the election. Shows how very insecure they are. For rejen...kip fighting bro. They will dig up every shit holes to try n get a case against you...but never will they succeed. Just watch this space...aiarsse will surely amend a few more rules to legalise evry law breaks he makes. But remembr airsse...tell bainivuaka that this thing is catching up on you. Very soon..someone will shove a gun up your rears...and shoot the shit out of u. Too much shits in your heads. U bloody shit heads.

Anonymous said...

This one-time coup supporter and board member of the Fiji Sports Council should tell us who aid for his law education in Australia so that he could become a vakil (lawyer)- was it from the money his chor father was hiding in his Australian bank account. Like his father before hi, Fiji is what it is because the Father-Son mafia, in their hatred for PM Laisenia Qarase jumped into bed with Frank, Aiyaz, Gates and others. If ony, from day one, they had joined forces with other coup opponents, like they did in 1987 and 2000 coups, we would have broken the arse of Frank, despite him claiming that Fijians only understood the language of the stick. The Chauudhrys, Felix Anthony and Daniel Urai and many other FLP supporters supported Frank for over two years until Mahend was kicked out - that two years gave Frank & CO enough oxygen to consolidate and emasculate pro-democracy fighters - so bugger off, Rajendra, with your Standing UP to the Bully boys - Fiji media is what it is today because your father played a part in destoryed it - to hide his millions - the millions that he used, meant for poor Indo-Fijians - to turn you into a lawyer. You and your father should tell us about all the dirt on Frank and not dote on us as if we are stupid snakes, who dont know how to bite back.

Anonymous said...

@Radiolucas...nice article but what is the relevance to this discussion? So annoying how you keep sidetracking.

mark manning said...

We really have someone to compare Aiyaz' performance up against now.
A bit like chalk and cheese or oil and water !

Ratzmann said...

Mark Manning...shows who you are. Suva Nadi tiko vei iko. Sometimes hia sometimes there..RPC will always be RPC...like you..Suva-Nadi...

Anonymous said...

counsels from either side can make an application in the high court if they are not satisfied with the decision of the magistrates court provided they have reasonable grounds,so there is nothing wrong with the procedure adopted by DPP

Anonymous said...

RPC good on you keep it up mate.
Justice is not iN fiji court anymore.
Its called khaiyums court.
Keep the fight on .i hope they dont target rpc pc next on line.
But who gives the f to kahiyum/pryde/gate mf .
they rule with the dumb army/baini assisting them.
I hope judge temo have some guts to be fair.

Anonymous said...

Jag is a con artist and so is MPC junior. 2 wrongs don't make it right.

Anonymous said...

how come only RPC can stand up to Khaiyums corrupt judiciary? wheres the rest? Dr Shasta Samem and Richard Naidue learn from RPC.

kite flyer said...

what rajendra chaudhry is quoted as saying to the face of judge temo - that there is no fair trial in post coup fiji - is something ordinary people know and even say in private. rajendra was bold enough to say that to the face of a regime manipulated judge. credit must be given him for doing that. it's not an easy thing to do. you could easily end up in the camp at nabua for a third degree procedure but the truth needs to be stated and good for fiji that notwithstanding the coercion and intimidation there are people like rajendra c prepared to do that . he is upholding the rule of law in the country without fear. can't expect the regime appointed justices to do that.can we?

Anonymous said...

Khaiyum chor have some dirty deal and got money and property in fiji.
vunakece road a house and land in naisoso.
took 20k from a poor chinaman to releasle his property in lovoni road.
he was with colonial in 2006 and tried to buy this same property from chinaman in lovoni but chinaman sold it to someone else.
than khaiyum put a cavet and ask 20k bribe to release the house last year,'
can ficac investigate this thief ag khaiyum.
we have more case against khaiyum than past govt ministers/others.
frank/khaiyum are buying property from bribe and tax payers money.
let see what ficac will do -nothing bec khaiyum is ficac boss.

rajend naidu said...

mention of the name salesi temo reminds me... when i was a welfare officer in fiji i appeared as a guardian at litem in an adoption matter before temo who was then a magistrate. he wanted me to give him a written opinion on why i was argueing the adoption was not in order. i did that citing existing legal provisions and precedants - and in particular that the presiding magistrate did not have the discretion in law to circumvent mandatory legal requirements. temo went ahead with granting the adoption. so circunventing the law to suit his agenda is not new to the man - now justice...

Anonymous said...

Hahaha this is so funny. Goes to show that there is indeed no judiciary in Fiji. What a joke.

Waiting for Freedom said...

Also ask regime supporters why it isokay for Khaiyum to muck around with laws about who can and can't stand for election!

Government working on party registration law

08:50 Today

Taken from/By:
Report by: Elenoa Turagaiviu

Government is still working on a law that will govern the registration of new political parties.

Attorney General and Minister for Elections Aiyaz Sayed-Khaiyum says – under the current law – anyone can register a new political party – but this will change soon.

We need to ensure that political parties that do continue, or are re-registered or registered are political parties that have a broad mandate.

He says the new law will be out in due course.

Anonymous said...

khaiyum and frank will never give up powers.
this evr is to help them win the election.
they will rig the election and win .
marl my words.
khaiyum /frank is scared to end up in prison and have millions to loose.
so they will stay in power until death.
fiji people have to kick them out than they will run.

Anonymous said...

frank bought 4 property now.
latest one big house in milverton road on the hill opposite the top shop.
where did he get million crooking from tax payers /china company bribes.
fijian when will you wake up and fight this crooks.
ficac can you investigate this.

mark manning said...

My personally preferred version, I enjoy his voice, the late Les Crane.
Or is it the black female singers from the 70's and 80's in the background ? :-
http://www.youtube.com/watch?v=2yNJaKF9sXA

mark manning said...

There they go, moving the goal posts again !
http://www.cartoonstock.com/directory/m/moving_the_goalposts.asp

Anonymous said...

Anon 10.31 and 11.22.
You arseholes are just ridculing Rajendra just for the sake of it. What ever it is he just has the guts to say what has to be said. He is a very kind and good man. Ask PWD workers how they are treated by him and ask the people around him. Not you bocis either hiding behind the goons or far away in OZ. You are good for nothing. There is no one talking a single thing against this goons and this guy stood up for what he believes in. If you have any facts to discredit him, then bring them on rather than wasting this page where some valuable issues are discussed. Put your name in and get involved in a constructive discussion on what has to be done. Appreicate the man who talks and stands up under these circumstances.

Mataviri said...

I am no fan of the Chaudhry clan, but I must admit that Rajendra has got balls. In fact more balls than all these indolent iTaukei together.

Mataviri said...

I am no fan of the Chaudhry clan, but I must admit that Rajendra has got balls.-Comment edited. C4.5

Anonymous said...

Is this the same Rajen who father supported the IG and even he favoured FICAC.

As for those who call bloggers arsehole for putting their views against RAjend, grow up. If u can't take heat, move of the kitchen arsehole boci.

Anonymous said...

Rajend is using Udit Narayan of Howards to vet his papers as what does this con artist. Udit used to be the High Court Master.

Anonymous said...

Can Rajend pls enlighten about the $3m that his father hid and he enjoyed part of it while studing for his law degree in Syd.

I used to study in NZ with him. He even took money from His father's account there. When police investigated and found it was him, he was let go.

His making noise because will be FLP propaganda.

Anonymous said...

MPC is the next one to go to Naboro for his $3m. Let's see what Rajend has to say then. Let's to forget everyone that breaks the law and not be sympathetic to the ones against IG if we want a better Fijian.

Anonymous said...

Willie clark, pls check out if Udit narayan is the man behind Rajend, otherwise Howards may be called to explain at QBE.

Call It! said...

Anon@12.18pm Puhleeze, I think you mean a better Fiji!

Anonymous said...

The NZ account and Rajend dipping into it is a revelation to me, and that money is hardly mentioned.

I do remember Victor Lal questioning Mahend’s dosh in New Zealand on top of the millions in Australia

http://solivakasama.wordpress.com/2008/09/04/lest-we-forget-chaudhry%E2%80%99s-bank-account-in-new-zealand/
Lest we forget Chaudhry’s bank account in New Zealand
By VICTOR LAL
On 26 September 2000, Chaudhry had opened an account with ANZ bank in NZ, three months after he was released by George Speight from Parliament.
On 1 June 2004, a month after FIRCA began closing in on him, he wrote to the bank requesting interest earned on his account number 981000000116059.
On 16 July, the ANZ bank wrote to him detailing interest he received on the above account between 26 March 2001 and 26 September 2003. Chaudhry received interest income of $NZ23,274.47 or $F24,575.76. The exact amount of funds Chaudhry had in the bank there is not known, but according to forensic accountants, working backwards from the interest he received it was probably $300,000 to $400,000, raising the question of the original source of the New Zealand funds.
The question that arises is why Aiyaz Sayed-Khaiyum, the Attorney-General, Minister for Justice, Electoral Reform, Public Enterprises and Anti-Corruption, Commerce, Industry and Tourism, has not responded to Chaudhry’s latest denial on Fiji TV, and by extension, to the people of Fiji that no money was received from India? After all, Khaiyum had announced the inquiry team with much fanfare claiming it was being done in the name of good governance, accountability, and transparency.
What has a member of the inquiry team, the local educationist and former Deputy Prime Minister Taufa Vakatale, have to say to Chaudhry’s recent statement on Fiji TV? She might also want to explain why the team concluded that the amount invested by Chaudhry was small?
It is time for Fiji’s lawmaker Aiyaz Sayed-Khaiyum to confront Chaudhry’s bluff and bluster while the FLP leader is going around the country preaching about the People’s Charter. Chaudhry should be telling the people of Fiji about his millions, including the source of the funds in his New Zealand bank account. And, who is the “Indian Santa Claus” – one Harbhajan Lal of Haryana, whose letter Chaudhry tendered to FIRCA to convince the tax body that the $2million was from India? In fact, he was only able to invest in the thousands after he received the money in three instalments into his secret Sydney bank account.
There is now a need for a Commission of Enquiry into Chaudhry’s mysterious millions because the three-member team was not constituted under the Commissions of Inquiry Act (Cap47) and, therefore, did not hold any public hearings, call any witnesses nor take any written or oral submissions as to facts or law.”

Anonymous said...

Olie there goes another law firm, Howards

Anonymous said...

PWD Worker:
I came all the way from the church to say this. Nobody knows what we are going through in our families. Rajend is standing up for us and doing it for free. He comfort us and share our sorrows. He understands us and fijians. Him and Jack even cook food for us when we do our prayers on Friday. What I want to say is Rajend and jack, you are the sons we always wanted. You are the god sent sons for us. God is with you and we pray for you everyday. Our god will look after you and our god will will show us the way. Evil will suffer and will understand the suffering we are going through. But we are not angry and we pray for them too to find the right path. For Jack and Rajend we love you our sons. We are there for you....GOd bless you

Anonymous said...

Jag you are a hero among fijians. My brother and elder son in the army and they say that they talkabout you. They know lot of good things about you and how you want to help us fijians. You are our hero and we are with you

Anonymous said...

Annon 12.32pm

If he recived interest of approx nz$24k in march 2001 and sep 2003, he would have recevied interest in Sep 2001, march 2002, sep 2002, and mar 2003 as banks normally pay interest qtly or semi-annually. Assuming he received 5% pa that would equate to approx nz$1m.

Rajend, any comments

Anonymous said...

My simple advise to release those people been put in jail for political reason or charged.
if you cant charge frank/cronies for highest crime of treason.
why lock people up for treason/others.
where is justice?
why 2 type of system and law.
NO ONE IS ABOVE THE LAW.
Rajesh

Anonymous said...

RPC should ask the judge /dpp to charge Frank/cronies first before he charge his clients.?
That will be interesting to see what ans the judge/dpp gives.
Rajesh

Anonymous said...

Protest Movements as Political Strategy

http://www.stratfor.com/weekly/protest-movements-political-strategy?utm_source=freelist-f&utm_medium=email&utm_campaign=20120705&utm_term=sweekly&utm_content=title&elq=81bf2a304e58409eaf51c12504f5df0f

Anonymous said...

Typical comments againsts RPC by typical NFP and interim regime stooges. The difference is that RPC says things as he sees it. I know the guy and he works hard, likes helping people and says how he sees things. Instead of trying to bring him down, pass on and enlarge his views so that we can get elections here sooner rather than later or never. Is this too much to ask?

Anonymous said...

From the court room:

Rajen argued on the legal aspects of the application as state is asking a court order within a bail review application. He also said that Ratuvili was not wrong in his judgement. Ratuvili has given 2 weeks for the state to check the affidavits given from Sri Lanka, contact details of Jagath's residence and nearest police station, back ground check on the surety, whether there are any bank arrears on the properties or they are on sale. The CID confirmed that they have not chekced anything and waited for the interpol officer to check the overseas details. So the bail appliaction was not rebutted by the state and affidivits and the application was not challenged by the DPP. But none of these were heard by the high court. Factually the case should have been dismissed on the same day rather than allowing the DPP to resubmit the application properly.

mark manning said...

@ anon 7:02 a.m.
I am comparing Rajendra's performance in the Court with Aiyaz' outside. Like oil and water, chalk and cheese.

mark manning said...

@ anon 1122 p.m.
Thine enemy's enemies are our friends !
The Courts, in due course, will decide who is guilty of what, post legitimate elections.

Anonymous said...

So unnamed bloggers after RPC again eh? First it was a taxi complainant, then the Balaggan set up by AG and now this NZ matter. Nothing ever happened in any of these matters - why? Because there was nothing in it. Balaggan clearly exposed AG for his conniving to pervert the course of justice. NZ matter - what next? But as I say you can keep a good man down and RPC is a good man. God bless.

Anonymous said...

Udit Narayan is a lawyer with Howards. Why should he help Rajen?

Anonymous said...

The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. M L King

Be strong and keep it up Rajen.

Anonymous said...

The hottest places in hell are reserved for those who in times of great moral crises maintain their neutrality - Dante

mark manning said...

Monkey see monkey do or is it a case of goodies in ajar ?
Frank and Aiyaz remind me of the monkeys getting caught in the jungles.
The trapper just puts a bottle on the ground, with apiece of food or a nut inside.
The monkey comes along, clasps the nut or food in its fist and when the trapper arrives, can't remove its hand through the narrow opening !
It just won't let go of the prize, not even to release itself.
Generally, monkeys don't process information, they just see what others do and copy them!
Any resemblance to Frank and aiyaz behaviour ?
http://www.youtube.com/watch?v=IHdJVzYBBOU
I'm unclear if this is Frank or Aiyaz !

Anonymous said...

dina says..

some idiots get too personal when making irrelevant comments against the issue.

Rajen is making a point here about the way our Fiji kangaroo courts and Judiciary is being carried out.

why can't people see this - at least he has the balls to speak against the illegal regme's dirty tactics of handling cases on selective manner. ONLY IN FIJI we see this kind on interference at arms length.

Stop being too personal idiots and try and use your heads and comment on real issues affecting individuals/organisations/country by the illegal regime.

This has been the problem here with us in Fiji.

Well done Rajen, we all have our weaknesses but you're doing justice to all Fijians who believe in the rule of law and justice and fair/free.

Go for it bro.

Anonymous said...

Temo has taken over from Goundar as the regime's criminal court hanging judge. What a pity as I thought he was a good person and very fair.

Anonymous said...

the fact here is that we havent seen anyone talking upfront in side or outside court room in Fiji against these low down criminals. The one who talks is the one who has the balls to do so. Rajen you are man

Just saying said...

Ratuvili should have gone ahead and approved Karunaratne's bail change. Pryde and co dropped the ball din't rebut when they had chance or chase up any other arguments which should've been presented before or at the time of the hearing. Instead they interfering at late stage.

Anonymous said...

Rajesh,

Pls ask Rajen to file charges against IG if he the balls. U can be the complainant.

Anonymous said...

Some FLP senior members have said that Rajesh applied to stand for FLP ticket to stand in the elections when he applied for the SDL ticket.

Can u pls confirm Rajesh? There were rumours also about nfp ticket as well.

Anonymous said...

Its because Rajen does not know the procedures of the high court himself.

Anonymous said...

Mark monkey manningn r u saying u will support a thief, a killer, a rapist if he fights against the IG.

Guess fiji will foreever be ruled by monkeys

mark manning said...

@ dina
Some "idiots" get too personal.
Stop being too personal "idiots" !
so if we express a view, we are "idiots" ?
And your not getting too personal by calling others "idiots" ?

Anonymous said...

Like the movie A Few Good Men, RPC should have said: 'you want the truth? You can't handle the truth!'

Anonymous said...

What a contrast, this man rajen was number one enemy of Fijians as his father had appointed him, his secretary suddenly is now becoming their saviour. people who had written adverse comments are now backing him.

Guts & Glory said...

You green-eyed monsters criticizing Rajendra are disgusting.

Can someone explain to me what's wrong with a senior lawyer like Udit assisting Rajendra?

Are they not both private practitioners?

Is there a conflict of interest involved that we don't know about? or client Jag for that matter?

Anonymous said...

pryde and khaiyum are idiots and need to go back to school .

Anonymous said...

Rajend is a much more qualified legal practitioner then our idiot stupid illegal AG..Aiyazz the silly Ass..who has never even won a decent case in a court of law..haahaa..now we all see how stupid this country has become..listening to an illegal wannabe pro legal eagle when all he has as credibility is working as a legal officer for the now defunct colonial bank..oh what a laugh..haahaaha

mark manning said...

the good thing about Fijians is they get over it very quickly. i don't think they hold a grudge forever and can move on quickly.
We all need to get things moving much faster now, for everybody's sake.
too much money is being lost, lives destroyed and livelihoods, and it won't matter who did what to whom as that will be a matter for the courts in due course.
If Rajendra is upholding the Law, then that is what we asked for and we should be grateful that someone has the guts to do it in this potentially dangerous environment.
To be honest, I suspect that if Frank and Aiyaz did an about face, then they too would applauded, despite the destruction, but it would be expected by everyone, that they also face the music and the courts for what they have done.
We know that won't happen, so every man and his dog should get behind Rajendra now.
These are my thoughts anyway.

Anonymous said...

Fiji First Lamusona Party stop attacking Chaudhry and Rajendra, it least they in Fiji not like you hiding behind your Shameem sister wife maichod.

Justice Minister said...

Court Of Appeal Explains Stay Order Ruling
20 November 2008

Printer Friendly

PRESS RELEASE



A single Court of Appeal judge this morning (20/11/08) explained in open court the reasons he granted a stay on the injunction that had been issued by the High Court last Friday (14/11/08) on the Draft Peoples Charter matter.

In his ruling, Justice Byrne said he had had the opportunity to read the Appellants’ (Ratu Josefa Iloilo, Commodore Voreqe Bainimarama, Aiyaz Sayed-Khaiyum and John Samy) submissions to Justice Jitoko and was “satisfied that my decision to grant a Stay on the Section 15 argument was not the only ground which the decision should be stayed.”

However, Justice Byrne found it necessary to comment on the criticism of the way in which the application was made to the Court last Friday (14/11/08) and which had been highlighted in the media.

“It was suggested, if not by direct accusation but certainly by the clearest implication that I was wrong in hearing the application and that it could easily have waited until the following week.”

“I was satisfied it could not, for government parties were in the field canvassing the charter and some had gone to Rotuma.”

“This criticism, implied or actual, is baseless for it ignores the practice governing such applications provided in the High Court Rules and in Section 20 of the Court of Appeal Act.”

“Nothing was said of these rules or Section 20 is a matter of deep regret apart from being unwarranted,” Justice Byrne said.

The Court further explained that the facts were that when representatives of the Attorney-General’s office went to the Civil Registry of the High Court about 3.30pm on 14th of November they spoke to one Sereana who is the Acting Court Officer of the High Court.

Sereana then telephoned Mr Justice Jitoko’s secretary and was informed that the Judge had gone home and would not be back that day.

She then telephoned the Judge’s home where a lady answered and told Sereana that the Judge was not in the house and would not be back until late.

Having heard this Sereana then went to the Acting Chief Justice who informed her that the parties would have to wait until the following Monday because Justice Jitoko was the only Judge who could hear the application.

She then relayed the message to the Attorney-General’s representatives.

It was shortly after this at about 4pm that Justice Byrne was asked to hear the application which the Court was told was urgent.

“I did so and concluded the hearing at about 5.25pm granting the orders sought in the summons,” Justice Byrne said.

The appeal will now be held in the March 2009 session of the Court of Appeal.

Anonymous said...

Sir Khaiyum the King of Fiji and Vunivalu of Bau will destroy RPC like he has destroyed MPC & LQ.

Anonymous said...

Well what do you know? Just like his old man,the young Chodo is starting out with a few BIG BANGS!!
At least he's starting off more smarter then his old-man? A lawyer
to go!Just remember, that you can't
always judge the fruits by their
colour? They are to be visualized,
physicalized,smell,taste before you
can ascertain the goodness of the
product? Fruits sometimes shows ripe colour, but are not, at close examination & vice versa? Sometime
they show ripeness, but are infected with fruit-worms inside,but you can only ascertained, upon cutting?So all i'm
saying is: Hey,beware of the fruit
you're trying to pick,remember the
history of your old tree,the tree itself is dying,it requires replacement? The fruits may have fruit- worms inside? Are you willing to take the chance to take a bite of
the fruit and see where it'll get you? I'd rather cut-off the old tree,go to the supermarket and buy
a trusted tastey fruit-certified by
the fruit inspector to be eatable
and stable!!!

Anonymous said...

everyone is looking forward for this judge temo ruling in jagath case.
we will see if judge have the balls to do the right thing and saw the public the judges and court are not controlled by khaiyum/dpp pryde in jungle court.

Anonymous said...

election in nz had billboard with some graftti like pm liar on pm jk billboard.
no one got arrested or investigated.
thats what you call freedom of speech and democracy.
why fiji regime want to charge people for expressing their freedom and democratic rights,
they are liars.

Anonymous said...

FREEDOM FREEDOM FREEDOM
DEMOCRACY DEMOCRACY DEMOCRACY
KHAIYUM/BAINI OUT
KHAIYUM IS A TALIBAN USA SHOULD INVESTIGATE HIM.
HE IS PUSHING ISLAMIC AGENDA IN FIJI AND DISMANTLE THE CHIEFS /CHURCH ON THE WAY.
WE WANT KHAIYUM/FRANK OUT NOW.
FREE FIJI FOR ALL RACES .

Anonymous said...

Anon 5.50am.
It seems like lot of effort & energy. Why dont we all put at least little bit of the same effort and energy to ANALYSE what is going on in this country with Bhaini and I_arse rather than wasting it on a infected fruit (as you call it). Critism is always good but has to be constructive and productive. Here we have a whole nation involved and sufferring. Some of these efforts should be put in to something better than what you are suggesting.

Anonymous said...

@Anonymous 7:43 AM

If writing grafitti on a billboard accusing someone of being a 'lair' is what you consider as free speech, expressing their freedom and democracy perhaps Fiji would be better off without it !

Have you never heard of the words, slander, deformation of character etc..... I assume you also consider defacing/damage of public property someones right in a democratic enviroment.

Anonymous said...

The PWD workers knowingly broke the law.
The Sri Lankan also broke the law.
Kean was found guilty becos he broke the law.
Everyone deserves a second chance but they all have to go through the justice system, Kean went through that and was given a second chance. Let the law take its cause and these people be given a second chance. wHat,s the fuss? Chaudhary is doing what is expected of him,he is raising hell in the courts and scoring valuable points which would make him one of the most sort after defence lawyers in the country,what else is new people?

BTW.....we have been ruled by outlaws since 2000!

Anonymous said...

If Udit does not review Rajend's submissions, it will all be rejected. Udit is the real hero.

The Heckler said...

Anonymous 5:50 AM, what kind of fruit are you?

I'm guessing an overripe banana.

Anonymous said...

Anon@12:16pm...Thanks-You guess it right!
Yes, an over-ripe banana would still be useful as it can be used
to make a tasty Banana cake? Delicious Pancake,used by health
people as power drinks etc,.I guess
the man above was talking about Mango fruit,quava,kavika,moli,which
are native to the Ba district?Sorry
can't help you further but thanks for your cross-exam????

Pacific in the Media said...

Editor,
The jailing of three leaders from Argentina's former military junta for a total of 95 years for their involvement in the "stolen babies"case (euronews 06/07 'Argentina: Former junta leaders jailed in "stolen babies"case) is a stark reminder that the long arm of justice is indeed quite long.
86 year old Jorge Rafeal Videla received 50 year sentence for his role "during the country's brutal dictatorship from 1976 to 1983". Jorge Acosta, an ex-naval officer, was jailed for 30 years and Reynaldo Bignone who later went on to be president got 15 years for his role.
A victim summed up the feeling of all fellow Argentinians who suffered at the hands of the military junta when she said "This is justice".
Yours sincerely,
Rajend Naidu
sydney

Anonymous said...

rajen is capable of doing his own work. i have seen him in court.

Anonymous said...

Anon 8.18

And I have evidence that Udit vets everything he does.

Anonymous said...

What a mockery of judiciary system!!!!

Anonymous said...

The News from the Judicial Department is that the Chief Registrar had made threatening phone calls to Ratuvili and thereafter he did the U-TURN.

So the AG'S Shri Lankan Butt running the Fiji Show.

Shri Lankans are very good in the oldest profession.

Bring more Irani's for a better Fiji

This is why many shri lankans resigned.


Me ra liutaka na tamata, ena veika vinaka
Me oti kina, nai tovo ca

Anonymous said...

Peoples: The Lawyer at Howards is Mr Udit Jay and not Mr Udit Narayan. Mr Udit Jay was the Master of the High Court at one stage but not too long ago