#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Fernando cited seven 'precedents' in Qarase sentence

Tuesday, August 7, 2012

Fernando cited seven 'precedents' in Qarase sentence


98 comments:

  1. you can smell a pre-determined judgement here.

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  2. Qarase's SDL wants fiji to be a christian state. Isnt this racisim. I am a native fijian and am an opinion that religion cannot be forced on to people. Rabuka tried saabath day in 1987 but failed badly. Fiji is a multiracial place and everyone should be allowed to practice their own religion. May allah bless fiji and its people.

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  3. The base of the argument started from a series if false premises so this so called judgement smells of rotten innards.

    As far as the world is concerend, it is Judge Fernado and the regime that was on trial here - and they have come out smelling of roadkill.

    Something is very rotten in the state of fiji if the powers that be are so afraid of the power of a 71 year old man.

    Judge Fernando and the rotten military has every reason to feel fear - we are coming after you bastards !

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  4. just another junta judge dog. these sri lankan judges for hire are a disgrace to their nation.

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  5. Number 8 makes interesting reading Fernando. Bainivuaka and Aiyarse are certainly in that category. Perhaps you could be the judge when these two crooks are brought before the courts.

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  6. Yes, all very good, but where is the judgment in which this Sri Lankan judge dissected the evidence of defence and prosecution to reach a guilty verdict. This is merely a pre-written (Naz and Gates)sentence sheet.

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  7. I am at a loss as to how can he refer to the Beni Naiveli case as a precedent!
    Naiveli, at the time was the Asst COMPOL and as such was being paid as a CIVIL SERVANT!!
    THIS IS BLOODY DIFFERENT FOR GOD'S SAKE!!

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  8. This comment has been removed by a blog administrator.

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  9. Barabara Dudu Malimali is going to be Qarana's appeal lawyer. Too much vakilakila and sleeping around....

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  10. Fiji Court of Appeal:

    The brief facts leading to this case stated are that the applicant, Beniamino Naiveli, a gazetted officer in the Fiji Police Force, was convicted 12 July 1992 of the offence of Abuse of Office. He was sentenced to nine months imprisonment, suspended for one year, and fined $1,000.

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  11. Naiveli had also won his appeal for dismissal from the police force - Justices Reddy, Barker and Davies:

    On the receipt by the Commission of a Commissioner’s report forwarded to it pursuant to reg.24, the Commission may decide to take no action against the officer or to act under reg.21, reg.27 or reg.26. However, it does not have power to discipline an officer outside those regulations save that, as stated in reg.28, the Commissioner has a power which enables it to require an officer to retire in the public interest.

    Accordingly, the question for the opinion of the Court must be answered: No.

    The State should pay Mr Naiveli’s costs of the case stated, which costs are fixed at $500.

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  12. Beni Naiveli Farm →

    About: Beni Naiveli's Farm was founded by the late Mr Beni Naiveli. Chicken manure is supplied to the local community to assist with their farming needs. Chicken manure is also sold @ $2/bag. Pig rearing is also done at the farm. We also provide the public with a 24/7 onestop shop.

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  13. The SDL hierarchy should be forced to learn and sing John Lennon's song "Imagine" .---google it for Heaven's sake!!

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  14. From reading the count of offense, I wonder what Bai and Kaiyum's office will look like once they are taken out of power. This would immediately warrant life in prison for all their corruption.

    Bai, you are a stupid dumb ass brainless thug. You are so stupid that you have appointed Kaiyum the terrorist to be your right hand. Only dumb ass idiot would do something like this. You are in a bad company and this will bring you down with him.

    Kaiyum, you think that Fiji is your Father's fucking country or what. Let me be the first to tell you that you will face the music one day and you will regret what you have done. Don't think you will escape. People of Fiji are watching you and one of these days, you will be caught with your pants down just like you have when sleeping with all the prostitutes in Europe. Shame on you you Muslim terrorist.

    I cannot wait to have you both sent to prison for life. The clock is ticking and the day is coming closer than you think. Watch your back you Muslim loser.

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  15. How much was this judge paid in sri lanka?

    How much is this judge paid in fiji?

    this is the answer why the judge gail garase.

    a fiji package of $300,000 pay each year and one year renewable-by kauiym is why gail for garase.

    isnt this corruption and abuse of office?

    wanst the judge bribed by junta?

    judge was paid peanuts in lanka and fiji 15 times more-offical bribe.

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  16. I suggest Qarase get a good Indo-Fijian or Kai Loma lawyer. Why Qoriniasi Bale abandoned Qarase's case still mystifies me?

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  17. People of the LandAugust 7, 2012 at 10:48 PM

    Apisai Tora Vuda.

    Fiji was saved from cannibalism by the early missionaries through their commitment and faith in our Christian God. Our forefathers also fought three or four wars in the name of our King, country, people and our future generation including Muslims, Hindus , etc. Our forefathers have laid the foundation where our vulagi will be able to utilize the goodwill of the People of the Land and build/rebuild their future. Now you are safe, secure and proper on our land exploiting our resources which was only meant for us and our generation. In return you are giving this kind of comments making use of this political situation. Human being that has human instinct will never do such things. I hope you will take head and learn some lesson about life and respect.
    Kalougata tiko na noda vanua, o ira na noda Turaga kei ira na veiliutaka ni mataka.

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  18. I thought the dictator wants a non-racial Fiji - so why we cant invest or buy shares in FHL


    Investing in FHL

    Who
    Investing in FHL, the listed company is only open to indigenous Fijians. But the Fijian Holdings Unit Trust is open to all other races including non-residents.

    Requirements
    You need to bring your I Vola ni kawa bula extract which can be obtained from the Native Lands Commission’s office located at the Bose Levu Vakaturaga Complex, 84 Queen Elizabeth Drive, Nasese, Suva, Fiji.

    You will also need to fill in a buying order form, available online under share registry services. Forms can also be obtained from FHLS Brokers at Ground Floor, Ra Marama Building, 91 Gordon Street, Suva.

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  19. Het Croz, cant open that link to Constitution Commission submissions.

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  20. Also how much do they pay judges and prosecutors in Hong Kong?? Must be peanuts!! No wonder Judge Madigan wanted to stay on in Fiji after his stint with FICAC.

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  21. It is immaterial how much the judge is paid in Sri Lanka or in Fiji. The fact is that Qarase is guilty. He has always been a nationalist. As such there is no place for him in Fiji. The only place that he belongs is Naboro or Korovou.

    SDL in it's submission is suggesting that Fiji be declared to be a christian state. Well, el wrongo!! We have so many different religious bodies here. This is what makes Fiji an unique country. If we can't accept this, than we need to go back to Africa where we originate from. Oh I forgot one thing. Africa will kick us out too since they do not tolerate racial bigotry. So where do we go? Guess no where but will have to accept to tolerate other religious groups.

    I am also shocked the gay community is not raising the issue on SDL's stance on gay issue. Gays and lesbians should be outraged and take to the streets. A protest march is in order. Otherwise it is called "acceptance by silence".

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  22. Yogesh, stop writing this type of things about our great friends Bai and Kaiyum.

    If they read this, they will throw us in jail and won't give us all the corrupt under the table deals. Understood Yogesh? I won't tolerate this nonsense of yours in the public domain about our great leaders Bai and Kaiyum.

    Report to me first thing in the morning for disciplinary action.

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  23. Sri Lankan salary I heard is equalent to FJD 2500 per month and here in Fiji he receives nearly FJD 10000 per month.

    Another thing is that this Fernando is a ex military man and served in Sri LAnkan Navy I heard.

    Anyone and see what makes 2 + 2.....

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  24. Garase gotta another case coming in the same court.

    this judge will gail him again.

    judgement is predone.

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  25. Good that we are using 'precedents' in court cases. The precedent for treason (G. Speight) is life imprisonment.

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  26. James Lucent, SydneyAugust 8, 2012 at 5:47 AM

    Dear Mr Qarase:

    This judgement lacks all the characteristics of a sound legal and logical basis to arrive at a conclusion that cold be supported with evidence and common law.

    Please consider the following in your Appeal;

    1. Did you prejudice the rights of other potential buyers of the shares in any way?

    Points: It seems you have taken a loan to pay for your shares (Qten) and similarly other companies also paid for their shares.
    Secondly, you applied for the shares so the Directors of FHL collectively could have declined that application if it was prejudcial to the rights of other buyers, did they consider that?
    2 The judgements claims you did not declare your conflict situation.
    Point: But the Judge recongnises that you signed the application letters to buy the shares. That in itself is declaration as it would be known fact that you were acting for the three companies as well. Therefore, there were no concealment at all.
    3. Other directors like Siti Lakeba and Jo Mar also purchased shares, how dis they apply and purchase that? How are they different from you? it seems thet rely on the assertion that you were employed by GCC. That is nonsence as to be employed you have to work 40 hours or there about for a institution and be paid. FNFP payments must be effected? And, there has to be a contract. Advisors and not employees please.
    Conclusion: there were no concealment. You declared you interest through the application letter. you paid for the shares like Jo mar and Siti. the directors collectively approved the purchase. So where is the corruption in this???

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  27. I see there is a lot of support for my view that this was a pre-determined judgement .even laymen can dicern that from point 8 and 9 which give the judgement away for what it really is: a premeditated ploy to pack Qarase off to prison to lend credibility to the regime claim that they came to "clean up" official corruption by dirty politicians.

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  28. Do the crime - serve the time

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  29. Guilty conscience, that's what this is about. I wonder who is next. But Bainivuaka and your son Aiyarse, your turn will come assholes.

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  30. Fiji for the Fijians thats all i'm saying!Thats who i'm electing in 2014.

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  31. judgement of the court of Fijian public opinion
    Fernando, you stand convicted of craven service of an illegal regime, deliberately ignoring the votes of the majority of the citizens of Fiji.
    you arE advised to leave our shores before the sentence appropriate to this crime is executed.
    fakaofa J

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  32. Can the SDL clarify their definition of a Christian state ? Is it a state where everyone follows the example of Jesus Christ who would not condone mindless yaqona drinking, laziness of body mind and spirit, the coup culture, blatant materialism of church ministers with their 4 wheelers, racism ? The SDL mindset is too backward to lead us all into the future.

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  33. Why is SDL party promoting racist policies eg christain state, taking out of dual citizenship policy. Are they going crazy??? do u want fiji to move forward or backwards? com on guys grow up - What does your party have to say on distribution of lease money

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  34. Fernando time to resign and move back to Sri Lanka. You are now moving target in Fiji and good people of Fiji know your are another puppet judge for this illegal regime. Days are numbered for all of you.

    Bob Singh
    Fiji

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  35. Folks, SDL never made any submission to the Commission - Those submissions were made by individuals but regime lackey Graham Davis ran away with a commentary, even challenging C/4

    POSTSCRIPT: Strangely, no word on this thus far on several of the most prominent pro-SDL, anti-government websites, including Coup 4.5. Are they too embarrassed to report it?

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  36. SDL is history .

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  37. How can we judge Qarase, "not guilty" when solid evidences are there. Judge Fernando is too lenient with his punishment.

    Qarase deserves nothing less than 3years imprisonment. How can he deny my fellow iTaukei and Chiefs the 20% shares benefits from FHL.

    Qo na mataqali veivakaloloma taki lolovira e rawa ni cakava e dua nai taukei eda vakanuinui tu vua, kivei ira na wekana.

    I only wish that Qarase had taken a cue from the sacrifices our brave sons and daughters in war torn countries around the world are making for the love of our country.

    They are giving up their freedom so that we may enjoy ours. That is sacrifice.

    Koi Yasayasa

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  38. Remember Victor Lal's series on the collapsed National Bank of Fiji debtors. He identified Teleni and his wife:

    Among them were Esala and Mere Teleni, who had borrowed $60,844.67.

    The question that Teleni needs to answer is this: did he ever pay back that loan, and if so, when? If he did not repay, what was his justification for not repaying that loan. Does he consider the loan, if it is still outstanding, an outright theft of public money – shorthand for corruption?

    As we know, Teleni, along with Frank Bainimarama, was one of the ring leaders in executing the 2006 coup, claiming that the Qarase government was corrupt to the core. In 2007, Teleni became the deputy commissioner of the then newly established Fiji Independent Commission Against Corruption (FICAC).

    When will FICAC charge this Tele Tubby swine?

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  39. G@anon 5:47am, excellent analysis. LQ's case was full of holes and lacked credibility. It appears the judgement was pre meditated.
    @anon 9:47pm, getting an indo fijian or kailoma lawyer wont change the outcome you thick head. The outcome was already pre judged.

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  40. Grub Graham Davis is easting a very humble pie today. He attributed to the SDL a submission made by an individual who may or may not have been a member of the SDL. In any case, it was a personal submission. SDL has yet to make its submission. But the Grub rushed into print and tried to impugn the character of prominent anti-coup commentators. Will Davis now apologise to them for his grubby journalism? It is not beyond some in Fiji to try and malign the name of SDL by spreading false rumours about its position on important national issues.

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  41. Annon 8/8/2012
    "Fiji for fijians-reminds of 87 coup. So the circle turns a never ending saga!!!

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  42. Hey people just accept the verdict. Qarase has been found guilty beyond reasonable doubt. not just by one judge but 3 assessors plus the judge. So what is the big deal here? Let Qarase sit in jail and do some soul searching. I as an ITaukei know that we all want to sympathize with SDL members. It is our right to show sympathy but we do not have right to circumvent the law to fit criminals like Qarase.

    Moce

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  43. Look ahead is just one of the nuts who does not know the bible. Did Jesus ever mentioned that he did not want the kava. Is kava mentioned in the good news or you are just saying what others say with their word of mouth but without any substance from the standard which is the word of God?

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  44. Graham Davis always blog on Grubshit so everything he blogs about is always shit. Even the people who brought this grubshit journalist are also on the same wavelength. Only the shit head will listen to his shit blogging and journalism.

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  45. Robet d Costa-GermanyAugust 8, 2012 at 12:11 PM

    To James Lucent-Sydney
    first I must thank you for the sacrifice and very well analysis on mr Qarase's recent judgement.you wrote this @5.47am which is far too early to get out of bed. I fully support you summary and let me point out that if mr qarase was employed as a public office holder than why his name did not appear in the official gazette.

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  46. Gone mai na Ceva ni CagiAugust 8, 2012 at 12:53 PM

    Koi Yasayasa,
    Our Sons and daughters serving in war ton countries are there because of money as they can not find employment in Fiji and also FMF needs money. This services were only possible because of the our Chiefs and leaders that were democatically elected by the people. About 87% of Fiji's population does not agree with the verdict and the sentenecing. So, Koi Yasayasa wake up and look at the sign as all these rulings were doen within the current political climate. All was cunningly planned by the key advisors to the current regime so that the timing will coincide with the election process so that the minds of the people can be manipulated by the events. One of the major reasons of the Coupt was because of corruption and they are working extra hard to get some prominent people in jail. Fair enough but is the process followed was democratic? Koi yasayasa pls kakua soti na yaloca baleta ena rawa ni vakatauvimate taki iko.

    Gone mai na Ceva ni Cagi

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  47. Watch the current Court Case of LQ, KD & KB.This is another case that has already been pre judged. LQ will have a couple more years added to his current term such that it will take him off standing in the supposedly upcoming election in 2014. Just have a good look at the judgement on LQ, cannot see a Sri Lankan speak such good english what say......

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  48. Wasn't it said that this Judgement was flawed because in 1992, there was no Statutory Requirement for any stake-holder to declare their pecuniary interests ?
    http://dictionary.reference.com/browse/pecuniary
    http://www.businessdictionary.com/definition/statutory-requirement.html
    http://www.businessdictionary.com/definition/stakeholder.html

    We all know that Frank Bainimarama is falsely accusing Mr. Qarase so he can avoid his own prison sentence for the tortures of 5 CRW Soldiers in 2000 and we know that many in Fiji were jealous of the possibility of Indigenous Fijians becoming successful and educated in Business.

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  49. Folks, have you noticed how Yash Ghai gives running commentary on the proceedings of his commission. There is a hint of desperation in his voice. Not enough people are appearing before him, and rightly so. The Commission lacks credibility and moral authority, what with 'Sarka Kuto' Nandan and 'Wacko' Penny More on it. This projct is going to collapse under its own weight.

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  50. Folks, have you noticed how Yash Ghai gives running commentary on the proceedings of his commission. There is a hint of desperation in his voice. Not enough people are appearing before him, and rightly so. The Commission lacks credibility and moral authority, what with 'Sarka Kuto' Nandan and 'Wacko' Penny More on it. This projct is going to collapse under its own weight.

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  51. I hate to say this but you are so wrong about Graham Davis. Have a look at his Grubsheet. He has the actual SDL submission and it is all there. What he said was true. Who is eating humble pie now?

    The worst part about this is that 40 per cent of the country will now turn against the SDL. Why would Hindus ( 32 per cent of the population) and Muslims ( 6 per cent) support a Christian state? Why did they do this when we need SENSIBLE policies to defeat the bloody dictator?????

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  52. Anon@ 10.52am,you idiot,dont you read the news.SDL has already made its submission to the CRC in which it had asked for Fiji to be a Christian state and the Fijian language to be the official language.SDL also said the word Fijian should be reserved for indegenious fijians only.Now Mr Numbnuts,if thats is not racism than what is?

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  53. Wow Fiji has so many bush lawyers but alas none could save Qarase. Hmmm must be the lawyers studing in Vanuatu.

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  54. Our judiciary may not be the most independent in the world, but it certainly toes the regimes line. It is actually quite a waste of our tax dollars to employ all these Sri Lankans. Why can't Khaiyum do the prosecution and sentencing right away?

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  55. @kite flyer
    Wananavu your analysis but unable to save LQ so it makes it absolutely useless (MACAWA). The only useful analysis to be made is about a 74 year old woman, frail, sickly, a mother, grandmother and great grandmother who continues to fight in Fiji for the people of Fiji. Yep Mere Samisoni

    The only true patriotic indigenous Fijian who does not hide and faces her antagonist like the brave person she is.

    Learn from her kite flyer. Perhaps you may be able to get some line.

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  56. Heritage Foundation international benchmarking sets Fiji Judiciary as corrupt

    http://www.heritage.org/index/country/fiji

    Protection of property is highly uncertain. The backlog of cases is significant, and there is a shortage of prosecutors. Government actions undermine the judiciary’s independence. Obtaining land titles is difficult, and the enforcement of intellectual property rights is inadequate. Limited accountability for corruption and lack of effective disciplinary processes pose challenges to entrepreneurs.

    Fiji’s economic freedom score is 57.3, making its economy the 105th freest in the 2012 Index. Its overall score is 3.1 points lower than last year due to considerable declines in property rights and freedom from corruption. Fiji is ranked 18th out of 41 countries in the Asia–Pacific region, and its overall score is below the world and regional averages. Fiji recorded the fifth largest score decline in the 2012 Index.

    Performing notably worse across the 10 economic freedoms, the island economy is no longer one of the “moderately free” economies in the Index. The quality of the judicial framework has deteriorated considerably, severely hampered by the lack of judicial independence or any strong political will to eradicate corruption. With the judiciary becoming more vulnerable to political interference, corruption has become a serious cause for concern and undermines the foundations for long-term economic development.

    Regulatory uncertainty and the lack of effective open-market policies continue to cause economic stagnation. Public debt has surpassed 50 percent of GDP, a level higher than that in most regional neighbors. Inefficient government-owned enterprises in sugar, electricity, and transportation significantly impede fiscal stability. Monetary freedom remains constrained by state meddling through price controls

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  57. How come fernando knew of cases from way back before he hit the shores of Fiji. My conclusion is the verdict was written up by naaz well before court proceedings ended as was done in Mau/Mac's case. It these background actors that are the drivers and manipulators of injustice in Fiji.

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  58. If what anonymous 9.54 says about Esala Teleni is true - that he too took a "loan" from NBF when it was open season for the who's who of post Rabuka coup fiji to walk into that bank and walk out with the nailavo - then what we have in fiji politics is a circulation of crooks at the top.

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  59. Judge's cited authorities do not apply all employees of Government or statutory bodies. LQ was not at time.

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  60. Qarase was the represntative on the FHL board for those who bought Class B Shares! But brother Qarase went on a 'hunting'' trip for Class A shares by the 10000's-now wouldn't you think the Class A shares be bought by the Yasana's so they can grow and be independent to help themselves instead of the annual Government handouts? This one sure beats me Qarase and his mates bought the Class A Shares and gave the Yasana's the Class B shares - so much for helping the Taukeis and none of the iTaukeis said a thing? Vota vota o Tui Rarara as the old people use to say!

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  61. Was any person or entity denied acquisition of Class A or B shares in FHL by Qarase if they had indicated the intention and had the means to acquire them?

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  62. Apisai Tora SabetoAugust 8, 2012 at 5:12 PM

    Qarase is now behind the bars, Mere Samisoni will next, Ro Kepa will follow. No one from SDL will be left to fight the election. Aiyaz the mastermind behind this regime will become the elected Prime Minister in 2014. Itaukeis will soon become foreginers in their own land.

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  63. While PM Qarase and we his suporters accept the verdict, the Judge & Goevrnment Advisors are having Sleepless nights.

    God bless Fiji.

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  64. In hindsight, Qarase's lawyers should have put him forward to take the witness box - that way he might have been in a better position to explain a lot of unanswered questions that all of us are asking here - including the assessors who returned a guilty verdict

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  65. Apisai Tora you are still around? Good to hear from you. Hope your health is good.

    Are you going to rejuvenate your party and contest in 2014?

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  66. The SDL general secretary has gone to the "land down under" probing a skirt in the "land down under". No wonder the SDL is MESSY!!!

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  67. BREAKING NEWS...Special Operation Command-alsao known as SOCOMO has
    finally agreed to set up a small
    contingent of Fijian dissidents
    in Australia to be trained and used
    for the eventual liberation of Fiji.Mr Carr has endorsed the new
    moves due to the illegal Government
    recent unacceptable behaviours in
    jailing of the legal PM and others?

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  68. Anon@2.16. Dickhead, what part of 'Fiji' don't you understand? Fijians are the indigenous people of Fiji and Fijian is the official language. Indians are from India, and they were brought in as indentured labourers.

    The new government in Egypt wants their country to be a Muslim state. Now is that racism? There are foreigners in Egypt and there are also Christians, so what have you got to say about that numbskull?

    In case you don't know, Indians are not known as iTaukei because they're not indigenous, they are Indians. Take a chill pill.

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  69. hahahaha, the stupid racist SDL just shot them selves in the feet. so the lovers of 87 n 2000, how does it feel to have the boot up your ass? loving it? just cracks me up , how you morons have become democratic.

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  70. Does anyone know who the accessors in the Qarase were?

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  71. I said I would not come back here again but I have continued to read 4.5. Prompted to write again because of the racist comments here.

    There are no Indians in Fiji. They have never set foot in India. They are Indo-Fijians and have equal status in our country. Anyone who thinks this is not the case will never win an election in Fiji.

    You are all starting to look very old. I can tell you that among young people your views are no longer acceptable. Nobody cares what Apisai Tora thinks in loma ni koro in Sabeto. Viti Makawa. We know who you are because we learned about you but you are politically dead. We are building a new Fiji without you.

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  72. People of the LandAugust 9, 2012 at 12:11 AM

    To USP Student,
    Go and talk with the you Vitians especially those in the arts and social sciences especially those in the law school Vanuatu, u will be surprised to hear the resurgence of raw nationalist ideas. USP student- I know you are not a student but the No school from the Delainabua who posed to be a USP student. Pls be assured that the young Vitians are the ones studying highly demanded areas in a modern day society. A new class of Vitism are being pushed by the current political situation to think in particular way because they have seen their parents being unfairly dismissed and their relatives being murdered and close relatives being tried by the non functional judicial system. They have read letters of condemnation from their neighbors (our Chiefs have been criticized and be little) and hate speech from the unelected regime. They have seen and witnessed the dismantle of their i Taukei traditional system. Na ka era dau vakamareqeta the Governmnet, Lotu and Vanua) The CRW that were murdered was a big threat to their future. In fact some children of the murdered solders are studying at USP. So, you are saying that only the old Vitians are connected to nationalistic views NO, No No. The young Vitians especially those that are well educated at USP, FNU, UNI Fiji are in a position where they were forced to adopt a new nationalistic approach which can be deadly and may pose threat to other ethnic groups. Can't you see the sign that is already on the wall. In the next 10 yrs the Indian population will be only 18% on the Viti population.

    USP student -You are fighting a losing battle. Shut up and humble yourself and try to not to be over smart.

    The young nationalist will be building a new Viti that will encourage people to migrate so that our environment can be sustained.

    Kalougata tiko o ira na noda Turaga ka ra dei tikoga na nodra vakabauta.

    E so vei ira na noda turaga era sa malumalumu baleta era a nothing ga mai liu.

    Kalougata tiko na iTaukei ni vanua o Viti.

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  73. People of the LandAugust 9, 2012 at 12:34 AM

    Some people are in a habit of using Vitian names to indirectly belittle the Vitians and our culture. This is not on. They use this so that they can hide under these names and even use these names to further their agenda. During the 1st and 2nd world wars they did the same thing by hiding behind our grandfathers and they did not want to go to war. This has become their trade mark. One was using Rabuka's name, Apisai Tora's name and this is an insult to the Vitians. Pls be brave and write decently.

    Kalougata tiko na iTaukei ni vanua o Viti

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  74. @ 5.47a.m Aug 8 - You're clutching at straws since you're clueless. A bush lawyer?

    @ 3.23p.m Aug 8 - Do Fiji lawyers need to have worked in commonwealth countries to apply relevant cases from those countries in Fiji?

    @ 4.20p.m. Aug 8 - you miss the point since you're clueless.

    @4.48p.m. Aug 8 - Yes, a lot of interest had been generated but the board of which Qarase was one of the oldest serving directors, made sure that information was not provided publicly and what's more, this man of all people (since he was advisor of important Fijian institutions) made sure of the extremely brief time-limit of 4-5 months within which the i-taukeis could organise themselves to purchase class A shares for their province.

    In the meantime, he and his families bought hundreds upon thousands of class A shares on LOAN from FDB. Sa qai dua na vakarau lolovira as sa qai raica vakadua. As a blogger correctly pointed out, Qarase & cronies practised the worst form of capitalism upon a national platform that preached the vakavanua style, indigenous rights, 'democracy is a foreign flower' etc etc... whilst enriching himself from an institution that was SET UP FOR ALL THE 14 PROVINCES, not just his blerry little atoll!! The shamed man is very lucky to cop 12months imprisonment ONLY!

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  75. Qarase assessors were same as Mahendra Motibhai. This time they knew what to do.

    YPR

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  76. anon914pm...Yes, it was 1=Parasad,
    2=Sami& 3=Patel. Why? do you want
    to do anything about it? Go ahead
    make my day????

    ReplyDelete
  77. Frank BainimaramaAugust 9, 2012 at 8:16 AM

    IT IS KAIDIAS COMMENTING HERE AGAINST ITAUKEIS THAT ARE CAUSING PROBLEM. HOW CAN WE HAVE PEACE LOVING NATION WHEN KAIDIA CAN'T ACCEPT THE FACT THAT ITAUKEI OWN LANDS AND QOLIQOLI IN FIJI.

    ReplyDelete
  78. Frank Bainimarama; 9 Aug; 8:16am - I am of Indian descent but not an Indian; my grandparents were Indians. I am as much a Fijian as an iTaukei. Say we accept that the lands in these islands belong to the itaukei only, why don't the itaukei protect it against the tyranny that commenced 5 Dec, 2006.
    Remember the VRF and all the anti government grafitti that was being written all over the place, who was charged; someone from a former Indian State, a Sri Lankan. So Indians know how to fight injustice with a cool and composed mind, remember how the Great Honourable Gandhi protected the lands of the subcontinent of India through peaceful agitation.

    Why could not the itaukei stop the gifting of Grantham Road lands. Together with that parcel of land went the qoliqoli; the river and creek running through that land has been reclaimed and that will affect the ecology, the marine life and the qoliqoli.

    Wh can the itaukei not stop the sending away of masses of land from the bauxite mine in Vanualevu to China. The world knows China has little land available to provide for it's peoples, they are now taking our prime lands, extracting the bauxite and reclaiming their valleys etc to make way for their people to settle on; courtesy of the Prime Minister of Fiji; can the itaukei protect those parcels of land.

    The linkages and wireless kakase have it that the PM and Minister for Justice will each have a substantial parcel of land in China from these Fijian lands that are gifted to China now.


    Can all Fijians (itaukei included) stop this? Yes we can if we take ownership and are poud of our heritage and the land, otherwise stop nagging about the lands in Fiji belonging to any one group of peoples.

    We all are Fijians, PERIOD.

    ReplyDelete
  79. Anonymous 3:03, go back to Grubsheet, where, by the way, the comment by The Court Reporter thoroughly rubbishes all of the prosecution's arguments in this case.

    ReplyDelete
  80. Read the actual decisions cited by the judge to support finding of abuse of office and many have noted that the persons convicted in those decisions were actual permanent paid employees of Government and statutory bodies. No attempt by judge to explain how this applied in LQ case. Clueless??
    Hardly!

    ReplyDelete
  81. Where is the judge's reasoning regarding the facts of the case? He goes from A,B,C to X,Y,Z without connecting any of the dots.

    How did he conclude Qarase was employed in the public service?

    How did FICAC prove that Qarase did an arbitrary act?

    How did Qarase abuse the authority of his office? What authority was that? What office was that?

    How did Qarase gain from his position?

    How did FICAC prove that others were prejudiced by Qarase's actions?

    This case should have been dismissed as soon as the state rested its 'case', for lack thereof.

    ReplyDelete
  82. Well said Franky.

    Anon August 9, 2012 9:42 AM let the taukeis worry about their land. When Qarase introduced the qoliqoli bill people like you were jumping up and down about it. What's the big deal? does it belong to you? Give to caesar what belongs to caesar.

    ReplyDelete
  83. This is a good time to lodge your complain to the Police and see if the Police and the Kangroo court can still operate the same way they did to Qarase and other innocent people.Commomn people file in your complain like Anthony Naidu.Now the IG will taste what democracy and election will do to them.......

    ReplyDelete
  84. Nothing will happen - for they will get immunity in any new Constitution and Frank will become President and Aiyaz will become PM. Ratu Epeli Nailatikau will quietly accept a posting to India and play golf and drink with the rich maharajahs in old delhi colonial clubs

    The Fijians hold their destiny in their own hands - they will have - to rise up, irrespective of the consequences - to make Fiji ungovernable - even if it means Fijians fighting Fijians

    ReplyDelete
  85. People of the LandAugust 9, 2012 at 11:11 PM

    The ownership of land in Fiji can not be removed from the indigenous people of this country. This is the only country in the world where land ownership rests squarely on the People of the Land. Other groups can only lease or steal land from us. All free hold land were STOLEN land prior to the Sir Author Cordon's time and we know that a good portion of land was also sold by various Chiefs of Fiji like Golea, Cakobau, etc. But the land is connected to the various mataqalis and yavusas through names and its cultural meanings that forged various kinds of cultural/traditional/spiritual relationships. None of these land derived its name from Dubai,Shri Lanka, Delhi etc. All these names were derived from cultural, political and historical happenings of the past. All these names have their own unique stories rich in meaning. Our identity is derived from these relationships and its is a living identity. The current talk emanating from submissions to the Constitutional review committee is how this nation can build its national identity. For those that are pushing for a common name pls think twice because national identity MUST derive from the an identity that is solid and real with its firm foundation on culture, tradition and its unique language and heritage. So, the national identity has to connect to a unique language so that rules out Hindi, Mandarin, etc. Fiji is known or identified by other nations through its indigenous people NOT Chinese, Kaivalagi, Kai India etc.

    There only a few hundred thousand indigenous Fijians in the world. This is what makes the people of the Land unique and special and that is what we call cultural identity. Within the this group there are other specific identities amongst our people.

    For those indigenous Fijians that have been easily deceived by the regime pls think twice. You will be a nobody in your own land.

    A good point to be because Voreqe and Kaihum are pushing people to especially the i taukei to make individual submission. All Must strongly make presentation on identity, names, land issues and ownership,even the qoliqoli bill can be also discussed, restoration of GCC, etc.

    Kalogata tiko na noda vanua lomani kei ira na noda Turaga ni vanua.

    ReplyDelete
  86. Before we get to the point where Fijians are fighting Fijians, let's at least try the nonviolent approach espoused by Dakuwaqa.

    Operation Jericho, Suva, Wednesday, 26 September, precisely 7:00 p.m. Prepare to make a joyful noise.

    ReplyDelete
  87. @ 11.19a.m, 11.42a.m,- 'court reporter' sounds like someone with a vested interest in same or similar cases, hence, this public show of trying to rubbish the technical and finer points of law that have been established by FICAC and which remained unrefuted by qarase throughout the trial.


    So, why then make a seemingly similar technical submission in a blog with this poor attempt at breaking down the elements of the offences - to try and mislead, confuse and manipulate the public on the evidence that qarase had already been UNANIMOUSLY CONVICTED of?


    Court reporter asks that you use your commonsense - that was the very job of the panel of assessors as judges of fact. Facts that were presented in the form of evidence in court, not outside of court as 'court reporter' is asking you to do here... while manipulating, confusing and misleading you in discussion and dissection of the evidence corresponding with the elements of the offences that qarase had been UNANIMOUSLY convicted of.


    All for show and a silly attempt at trying to gain public sympathy and to salvage what's left of qarase's tainted character. So pointless.


    Ask why can't 'court reporter' save that little blog submission for qarase's appeal? Cross fingers too that FICAC does not cross-appeal for an increase in qarase's imprisonment sentence to 2 years.



    Here's the relevant provisions in the Penal Code under which qarase was charged:


    Officers charged with administration of property of a special character or with special duties -

    109. Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for one year.



    Abuse of office -

    111. Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another, is guilty of a misdemeanour.

    If the act is done or directed to be done for purpose of gain, he is guilty of a felony, and is liable to imprisonment for three years.


    A prosecution for any offence under this or either of sections 109 or 110 shall not be instituted except by or with the sanction of the *Director of Public Prosecutions.
    * Amended by Order 8th October, 1970.


    Without getting into the technicalities of the charges, shouldnt commonsense tell you that qarase was properly convicted of his crimes? Any decent, right-thinking, fair-minded, God-fearing i-taukei who uses his or her commonsense would think that. The assessors were no different.

    God save Fiji from corrupt leaders.

    ReplyDelete
  88. People of the LandAugust 10, 2012 at 12:06 PM

    @August 10, 2012 7:23 AM
    It does not matter how hard you try to convince us that PM Qarase was justly and faily tried in the Court of Law, there is a cloud of confusion already oversahdowing the minds or people, regional and international community and is quaetioning the integrity of the regime's court system.

    I am sorry to say that the regime's controlled judicial system is in a mess. There are many signs like the mass resignation of people they brought in from Shri Lanka and others. They operate in FEAR and SUSPICIOUSNESS.

    The peopel of the Land will always stand for a fair and just system that is transparent to the people. At the moment the environment is not conducive to basic human rights because people are being made suspecious of one another which is very very sad.

    This is NOT the Viti that our forefathers build and sacrifice their live fighting against the evilish regimes in the 1st and 2nd WWs and also the Malayan campaign to root out Communist and terrorist in the Middler East.

    We must always hunger for the truth and pray and a democratically eleceted governmnet can be established come 2014.

    God Bless Viti and all its people.

    ReplyDelete
  89. decent, right-thinking, fair-minded, God-fearing i-taukeiAugust 10, 2012 at 12:18 PM

    Anonymous 7:23 wants us to stand in such awe of the Fernando court that we just blithely accept its findings in the Qarase case without an examination of the facts. In fact, he seems as fearful as Judge Fernando in reasoning through the facts, because the facts simply do not suppprt the court's findings. Indeed, the facts show that the state never had a real case to bring.

    The Court Reporter's submission masterfully punctures hole after hole in the state's arguments. It would be helpful for Judge Fernando to explain his reasoning in the case so that we might understand how he reconciled The Court Reporter's objections with the prosecution's case.

    All awe for the courts went out the window with Fiji's judicial independence.

    Common sense tells us that Qarase was improperly convicted for reasons political, not criminal.

    ReplyDelete
  90. Not necessarily @ 12.18p.m. I am no further from being in awe of the Fernando court than you are. The issue of the re-constitution of the Fijian courts via decrees (which Fiji has been doing since the first coup in 1987) aside, the case was judged on its merit - nothing more, nothing less.

    Punching holes in your own little court (postings) in cyberspace is hardly a matter to be taken any more seriously than a case of 'tilting at windmills'. The court has spoken, Tupou has presented the best defence Qarase had to offer. So where were you and your smart-ass manipulative strategy when Qarase needed you most? Cowering in the sidelines whilst Tupou did the best she could under the circumstances?

    ReplyDelete
  91. Qarase, youve got to admire th guy, he saw an opportunity to enrich himslef and took it. As he knew at that time it was a good thing for fijians. And becasue it was the elite was in charge whose going to challeneg and take who to court. If he had any brain he could have still amde this work but kept well away from association with him. T prove my point when he won the election the last time he wanted to do a simmilar thing with FDB, provide soft loans to again suspect fijinas with one business scheme or another, people were fallin all over each other to apply. His protege was managing FDB one Mr Kaloumaira he was sensible enough to block this nonesense, so what did LQ did, he swapped the Chairman brought in Navi and he sacked his protege so he can clear the loans - sorry LQ, you know its going to catch up on you.

    ReplyDelete
  92. OK you are on the board where you represent share holder A, others reprsent share holder B and so on. So a paper is raised that is puts A in a unfavourable position to B so you do

    a. Do Nothing , in fact take time to go the toilet and pretend you missed it.
    b. You argue ferociously against the paper and demand that A gets as much value as B.
    c. You say thats a great idea in fact I will buy some of that and I will fund from a loan fom FDB which I am the CEO and get the same benfit of B. A should be happy at least they get something.

    OK no prizes on what LQ did, so at least he should be sacked from the Board, sued by A of course for damages, oh by the way he broke this misdemeanor called abuse of office as most of you seem to think is trivial?? go figure!!!!!!!!

    ReplyDelete
  93. Anonymous 8:25, you're way off the mark. Why should A sue Qarase when it profited from the investment? Why should Qarase be sacked from the board when he disclosed all of his holdings ahead of time and broke no rules? And how did Qarase commit abuse of office? The man wasn't even a public office holder.

    ReplyDelete
  94. Hunger for the truth!!!
    Who you want to fool! Now reveal what and who were the culprits of the coups!!! To date after so much controversy, the real guys are still hiding ,so where is the hunger for the truth!!!
    Qarase is history now-people still cannot accept this , this is same as the coup supporters crying for justice.

    ReplyDelete
  95. Anonymous 12:14, the answers to your questions are as follows:

    Coup 1: Mara/Rabuka
    Coup 2: Rabuka
    Coup 3: Bainimarama/ Speight
    Coup 4: Bainimarama
    Coup 1/2: Bainimarama/Khaiyum

    ReplyDelete
  96. anon@11.45

    Whether LQ is a public officer or not, he is has betrayed our trust.

    Why would he choose to deny the grassroot Fijians and their chiefs the benefit of Class A shares in favour of his own family.

    So so selfish and corrupt.



    ReplyDelete
  97. If LQ was not a public officer, then how did he betray our trust? What trust was it he betrayed? Also, it's pure BS that his investment in Class A shares denied others the opportunity to make the same investment. At the time, the share offering was undersubscribed. The Board positively welcomed LQ's purchases for that reason. Also, the Board members knew LQ's involvement in these firms because he had declared them earlier and signed the corporate submissions himself.

    I'm not an LQ supporter normally, but he's clearly getting railroaded, and we all know why. Much sympathy for LQ as a result. Much antipathy toward Bainimarama as well.

    If everyone opposed to Bainimarama blows a horn during M-Minute, then the walls of Jericho will fall.

    ReplyDelete

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