#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Yang had hand in regime's campaign against Fatiaki

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Friday, August 3, 2012

Yang had hand in regime's campaign against Fatiaki

By VICTOR LAL

Yang with Michael Blanchflower and Qoriniasi Bale.
The gall of the Hong Kong based FICAC prosecutor Elizabeth Yang beggar belief. There she was, up before Judge Priyantha Fernando in the Suva High Court, calling on the Sri Lankan judge to lock up the former deposed Prime Minister Laisenia Qarase for a maximum of three years on trumped up charges relating to discharge of duty with respect to property in which Qarase had a private interest.

Yang claimed that a tough prison sentence was warranted because Qarase displayed no remorse. Why should Qarase have displayed remorse for something he insists he never committed in the first instance? 

It seems the once proud Fijian judiciary has become a theatre for Hong Kong and Sri Lankan lawyers to treat it as their own fiefdoms, at the behest of a dictator who ousted Qarase at the power of the gun to escape murder charges, and an illegal Attorney-General who runs Fiji through a spate of decrees, drafted in the law offices of Hong Kong, and their services paid without any authorization by the oppressed taxpayers of Fiji.


If Qarase did not disclose his interest and gained financially from it (which he denies) than it is time Yang and her co-counsel from Hong Kong should disclose their own fees in the “Qarase Trial”. She should also disclose how much she was paid when she had arrived in Fiji with Paul Madigan (now sitting on the Bench as a regime lackey judge) to lay trumped up charges and possibly send the ousted former Chief Justice Daniel Fatiaki to prison.

Lest we forget, I repeat, and we should keep repeating, that Yang should be put on trial for conspiring to pervert the course of justice in Fiji in Fatiaki’s tax case.

In her High Court submission against Qarase she called upon Justice Fernado to not to take into account the political connotations for they are not relevant as political issues should not be taken into account.

And yet she was doing exactly the same in the Fatiaki tax case, at the political and criminal bidding of a bunch of treasonists in Fiji. In 2007 she, along with Aiyaz Khaiyum and Madigan, had forced a top senior FIRCA tax inspector to pursue deposed Chief Justice Fatiaki over tax irregularities.

The FIRCA tax inspector later claimed to me (which I disclosed in the two part series) that the interim Bainimarama government used Fiji’s tax system to get people for political reasons.

He also claimed that the information he gave Madigan and Yang, was under perceived threat, paving the way for action to remove Justice Fatiaki under the 1997 Constitution of Fiji.

In his e-mails to me, the top notch FIRCA tax inspector charged with “nailing” Fatiaki had claimed:
“During the course of my investigation into Fatiaki I made friends with two Hong Kong based investigators who were looking into Fatiaki for the sec 138 of the Constitution hearing about him being a fit and proper person to be a judge (to be heard in Feb 08) - Paul Madigan and Elizabeth Yang. It was they who persuaded me to complain to George Langman about [the consultant’s] blackmail attempt, because FICAC owed me a favour for helping them get Fatiaki.”

Two e-mails, one from Ms Yang dated 1 November 2007 (“This is Elizabeth from Hong Kong. We had a meeting about two months ago regarding a tax case”) and another from Mr Madigan dated 16 January 2008 (“It was go[o]d to talk to you this afterno[o]n. I have thought about your situation a lot over the last couple of months. I arrived back in Fiji yesterday to do more FICAC work and then to prosecute the Fatiaki case…I wish you loads of luck and happine[s]s and please ke[ep] in touch”) to the former tax investigator confirms his assertion that he assisted the two Hong Kong-based prosecutors.

Commenting on Yang’s e-mail, the former tax investigator said he had a meeting with Mr Madigan, Ms Yang and Mr Tikolevu in September 2007 in which he (the former tax investigator) gave the FICAC lawyers a photocopy of Justice Fatiaki’s confession.

“They were very pleased and this was the start of our cordial relations. Providing this information was illegal but it was done out of the state of fear previously described,” said the former tax investigator.

In an unpublished affidavit relating to the now defunct Tribunal which was hastily set up to inquire “into the alleged misbehaviour of The Honourable The Chief Justice Daniel Vafoou Fatiaki of Suva, Fiji”, the former CJ Fatiaki had disclosed:

“I refer first to the fact that a whole section of documents being tendered in evidence by counsel for the Tribunal comprises my own personal documents that were kept in a locked filing cabinet in my judicial chambers.

The only way in which this material could have been obtained was for my filing cabinet to be forced open and searched after my departure. It goes without saying that this conduct constituents a flagrant breach of my right to be free from unreasonable search and seizure, as well as my right to privacy, both of which are affirmed in the Constitution.”

If she has the gall to demand that Qarase should be sent to prison for allegedly not disclosing his interest in the Fijian Holdings Ltd some twenty years ago, she should be sent to prison for consorting and conspiring with the illegal regime four years ago, in 2008.

Justice Priyantha Fernado should be sending Yang to prison for perverting the course of justice in Fiji.

Editor's Note: For readers wanting more on Elizabeth Yang and Paul Madigan’s conspiratorial roles in the Fatiaki tax case, click on the links below. They'll take you to the stories Victor Lal did for the Fiji Sun in 2009, which signpost Madigan and Yang's involvement in the interim government's purge efforts.

See also story:
 

43 comments:

  1. Victor, is this the best you can do? With everything that stinks about this case, you are reduced to attacking the deputy prosecutor. The second parrot.

    The prosecution's job is to prosecute. She did her job. The defence's job is to defend. She did her job but not well enough. The three assessors and the judge decided she was defending a skunk.

    Surely If you are going to attack the judicial system, you need to do better than go for some minor figure from Hong Kong. Elizabeth Yang is a nobody and going for her is pathetic.

    The whole system needs looking at and the question of whether it does what it is told rather that acting independently.

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  2. It is becoming clearer by the day that there has been a conspiracy of high treason in Fiji. Bainimarama and the Fiji military are just lackeys - guns for hire. There needs to be a thorough investigation into the role of the junta judiciary and any role they may have had in the coup against the legitimate government of Fiji. People like gates and pryde, and their hired guns from sri lanka and hong kong have a lot to answer for. And what is ghai's role in this terrible human rights abusing corrupt junta?

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  3. This information indicates how corrupt our Judiciary system has become!!

    Yang needs to be investigated also!! So corrupt!!

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  4. Surprise , that not a single Fijian in Fiji army has the ball the take baini and all down.
    What happened Fiji is for Fijian can only use against helpless other citizen. I am a Indian , Qarase you are the hero , God will be help you and you got my vote.

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  5. INCREDIBLE VICTOR...you are no longer neutral !!! When it came to tarnishing Mahend Chaudry ,you went off like some mad woman in a skirt,but when the same alleged type of crime is committed by Qarase ,you start attacking the same judiciary and prosecution ,you wanted to feed information to about Mahend Chaudry.You're definitely a loser now in my eyes and those of everyone else. Try and finish your law degree and do something wholesome with your life boy. You have been "reading" law for a very long time now...so try finishing off the reading and start practicing .Then you may not need to hide in a blog site but be at the front end of the law courts !!!

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  6. Anonymous - get it into your head - this Yang lady has been brought down from Hong Kong to mouth regime propaganda - yes, it is the likes of her who should be in prison

    Victor, can do to a follow up story of the judge Priyantha Fernado - he is having an illicitious affair with Anjala Wati and the whole Sri Lankan contigent are appalled with his behaviour.

    Annoymous - you dont have to read what you dislike - go on to Crosbie Walsh's site

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  7. Yash Ghai is a partner in crime - he used to teach at the University of Hong Kong, and one of his infamous student is Aiyaz Sayed Kahiyum - the butcher of i-taukei Fijians

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  8. The regime propaganda shit Fiji SUN has removed the articles from its website:

    http://www.fijisun.com.fj/main_page/view.asp?id=12577
    http://www.fijisun.com.fj/main_page/view.asp?id=12619

    Talking of free press in Fiji?

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  9. You are all so full of crap! I don't condone Baininmarama or his cronies...but you are so biased in your reporting on Qarase! He did wrong, period. He gained financially from his position in FHL and as PM so there is graft and corruption. Bainimarama is just as bad. Now you are feeling bad about sending a 71 year old man to jail? What the heck...they should all go to jail!! They are mini Bernie Madoffs.

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  10. Keep on barking Victor,did you see the facts in the case before you talk,Its clear that it a guilty verdict and you cannt deny it

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  11. Victor you're cool - and this article is really informative but seriously, we need to talk! Ok, look here you haven't updated your blog since 2008 - that's unacceptable! I have waited FOUR years for you to update - and my patience is wearing thin! Anyway I hope that Lady Justice's perversion ends soon - I'm getting real tired of that

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  12. Dakuwaqa has advocated that the law societies of other Commonwealth countries 'consider disbarring members who take up appointments in Fiji, and in any regime suspended from the Commonwealth, if they adjudge those members' actions prejudicial to the independent functioning of that nation's judiciary'.

    This is excellent , but perhaps this needs to be strengthened as follows:

    The law societies of other Commonwealth countries should consider disbarring members who take up appointments, HOWEVER TEMPORARY, in Fiji, and in any regime suspended from the Commonwealth, if they adjudge those members' actions prejudicial to the independent functioning of that nation's judiciary OR ITS CITIZENS' RIGHT TO DUE PROCESS.

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  13. Victor; for you its damn if you do and damn if you don't. You embrace Democracy and yet you don't. Chill out man; it is so obvious in your writings that you really have a BIG BONE TO PICK; really with all of us; all Fijians living in Fiji and not in Britain. Get a life man... you are beginning to come out as a man who needs to be remitted to St Giles where your work can be read to the mentally ill. (no offence to the mentally ill)

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  14. Qarase's case is very different from Mahend's - Qarase went through all the procedures and it was approved by the directors - Mahend was caught by FIRCA hiding the money in foreign bank accounts

    Yes, how much are these Hong Kong prosecutors paid, tell us?

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  15. If qarase goes to jail then all board members need to go as well cause none did the job correctly. Also how much money was spent on this case? Does anyone know?

    But this was long time ago and water under the bridge. Move on Fiji. We have health issues, education, and job development that a government should focus on.

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  16. Thanks Victor!! Please keep it coming with your eye opening investigations.

    Can catch Yang at Wanchai, San Francisco bar she'll be dancing naked there.

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  17. Many of you may know that I keep re-posting the following over and over, here and on matavuvale.com
    I do so when I think that it is relevant and time to point out the obvious and to make people re-focus on just what the Regime's original intentions were, as far back as early 2007.
    I posted the following comment on The Fiji Times Online. It wasn't a particularly exciting comment, but the two replies after it, showed me and even proved for me, the real intent of those supporting the lackey, Frank Bainimarama.
    From the replies, you make your own decision, then decide in your hearts, what you should do about it as it seems to me, that Fijians are being overtaken by and dispensed with by a group of non Fijians.
    The two replies from early 2007, pretty much have been fulfilled don't you think ?
    I actually sent a copy to the Fiji Times Office on the following date.

    Date: 12 September 2007 11:56:07 AM
    ----------------------------------------
    Mark Manning of Sydney,Australia (38 minutes ago)
    It matters not what anyone thinks , this regime decided years ago just exactly what it had in mind and how it would achieve it's goals . Anyone who believes otherwise , is deluding themselves ! The processes this regime have put into place , are merely a smokescreen to hide their real intent . And one can only assume that that is total dominance over all facets of Fijian society . Hasn't anyone in Fiji understood yet , that Fiji is being sold out to the Asians from under your feet , by your own countrymen ?
    ================================
    Indian of India (29 minutes ago)
    To Mar Manning of Sydney Australia-#34
    These silly Fijians do not know- ha!ha!ha!ha!ha! We are controlling their Military now. We will do it slowly until we destroy all the Fijian Institutions and the their land rights. The silly Fijians including the selfish Ganilau and Bai do not know and do not bother. GENOCIDE is the MISSION. It can achieved politically.
    GO INDIA GO.
    ================================Crash Stock Exchange of United States (14 minutes ago)
    To India and Manning
    hahahaha...yeah lets start with crashing the South Pacific Exchange dominated by India and the banks! Maybe the Fijians can start thinking about the 6 billion deal now...hehehehe Take your pick!
    Fijians are lousy merchants anyway because their eyes have always been to big for their stomach(traditionally) thus the need to have a corporate body(GCC new look) to curb the crooks that take advantage of the Natadola projects etc. I say Code of conduct is necessary because no chief should be above the law neither are accountants!

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  18. I'm amused at how these Lawyers can keep a straight face as they themselves have joined and are working for an illegal entity in Fiji. It is they who should be charged and brought before the Courts and hopefully this might happen once Democracy is restored.
    I'm getting a sense of Elitist self Righteous Omnipotence and Colonialist self Entitlement, especially when you consider that almost all of the key players in this sorry saga of Frank Bainimarama's, are Non Indigenous Fijians !
    This really is about "Genocide by Stealth" and the question remains, what is the Warrior Race going to do about it, now that it's obvious ?

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  19. Anonymouse 10.59am...thieving is thieving !!!!doesn't matter if the board approves it. A donation on the other had is NOT thieving !!!Mahend begged for money but he certainly did not collude with cronies to rubberstamp a theft.Qarase converted funds for his own use and that my dear friend is THEFT !!!!!Mahend's begging isn't a crime !!!

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  20. Qarase sentenced 1 year.

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  21. LQ gone for 12 months.

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  22. C4.5:

    Both links provided in the post have been deleted:

    http://www.fijisun.com.fj/main_page/view.asp?id=12577
    http://www.fijisun.com.fj/main_page/view.asp?id=12619.

    A mole says this was done just recently, so that the truth does not come out and is suppressed for ever.

    Matai T

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  23. Just a confirmation that FIJI IS UNDER THUG RULE. that's all. I am no fan of this man - Fatiaki either. he was just a pompuos prick.but if the man was wronged -in the manner described here - then that's not right. where does that leave the rule of law and law and order in Fiji? In thug hands.

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  24. Joker says....

    Victor great stuff bro.
    The truth hurts....this is a circus court in fiji.

    Plenty Fijians jumping the boat now to side with illegal regime.

    The whole world knows hoe corrupt and all the conspiracy this regime is doing - master architect is Naz shameem and co. all frank wants is put LQ/MPC and others who are threat to the regime in prison.

    BUt if he thinks he will win the next election - sorry.

    Fijians are educated but won't be too foolish to choose a dictator and illegal initiators to lead long term.

    Fiji is burning badly with this illegal regime.

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  25. FREEDOM OF SPEECH
    Victor; for you its damn if you do and damn if you don't.
    You embrace Democracy and yet you don't. Chill out man;
    it is so obvious in your writings that you really have
    a BIG BONE TO PICK; really with all of us; all Fijians living
    in Fiji and not in Britain. Get a life man... you are beginning
    to come out as a man who needs to be remitted to St Giles
    where your work
    can be read to the mentally ill. (no offence to the mentally ill)

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  26. Why an inexperienced lawyer for Qarase? Can't be money? Is there a plan here by the SDL? Something doesn't seem RIGHT!

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  27. These Hong Kong lawyers are Aiaz's buddies as they went to University together in Hong Kong.

    Letting aside guilty or not guilty, is there any conflict of interest and perverting cause of justice by not having independent people in the jobs and consultants?

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  28. Those condemning Victor are barking at the wrong tree. He does not say that Qarase was not guilty. He says if he is so is Hong Kong prosecutor Elizabeth Yang who has worked for the regime since day one to act on behalf of the illegal regime - come on, folks, Victor has done more than any of us to expose the fraud of the regime, and unlike us, has put his name to what he has written - our anger should be directed at Yang and the regime.

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  29. If Qarase did not disclose his interest and gained financially from it (which he denies) than it is time Yang and her co-counsel from Hong Kong should disclose their own fees in the “Qarase Trial”. She should also disclose how much she was paid when she had arrived in Fiji with Paul Madigan (now sitting on the Bench as a regime lackey judge) to lay trumped up charges and possibly send the ousted former Chief Justice Daniel Fatiaki to prison.

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  30. Graham Davis mob unleashed to attack Victor Lal. Freedom of Speech above in Grubsheet:

    Bula Mada
    Posted August 3, 2012 at 12:56 PM

    I wrote this about 3 times about Victor Lal’s story to 4.5 and finally got through after calling for free speech. “victor; for you it’s damn if you do and damn if you don’t. You embrace democracy and yet you don’t. Chill out man; it is so obvious in your writings that you really have a BIG BONE TO PICK;really with all of us; all Fijians living in Fiji and not in Britain. Get a life man… You are beginning to come out as a man who needs to be remitted to St Giles where your work can be read to the mentally ill. (no offense to the mentally ill)

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  31. At NEW FIji

    Offcourse begging is not a crime. But its a crime to hide the money and not pay tax. Only paid tax after FRCA investigated.

    More importantly, MPC as PM and minister of Finance knew the exchange control policies to bring money to Fiji. But he chose to hide it and break the law. One wonders why? I guess it was for self and not for others.

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  32. New Fiji @ 9:52, wasn't MPC selected to be Finance Minister by your hero, Bainimarama? And didn't your hero choose to circumvent justice by launching his own inquiry, instead of allowing the case to be handled in normal channels? And didn't this inquiry look at exchange controls and all other issues yet publically clear MPC?

    Don't you know that your hero is a traitor and murderer? Don't you know that the 'new Fiji' you are creating is treasonous, unconstitutional, and destructive to Fiji's cultural institutions, morals, and economy? Yet you ignore that.

    One wonders why? I guess it is for self and not for others.

    s/ Dakuwaqa

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  33. Dakuwaqa,

    Agree FB selected MPC. Agree a commission was set to investigate MPC but cleared him. But this commission have the powers over the courts. No.

    Also, there is theory that FB did not agree to the findings of the commission. Hence, he kicked him out from cabinet. Someone who pulling the string.

    I am no supporter of FB but I strongly feel that one must pay for his crime. In this case MPC clearly broke the law. I am not questioning the source nor the purpose of the funds.

    Off course you can disagree with me and that's your right.

    BTW, you say that "my hero" is a traitor and murderer. Didn't MPC kill someone with his car. That's a fact.

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  34. you forget that naz bitch is regime consultant now, who else would be giving them advise to bring down innocent people

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  35. I agree MPC should be charged as what authority does the IG have to clear him. He commitment the crime before 2006.

    I agree with blogger and that MPC was the key player to support FB in 2006 and hence the downfall of SDL. it has come full circle and he will now be going to jail next month.

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  36. He was behind the original charge and the regime turned a blind eye to his millions - to the last minute until he left cabinet - booted out by Military Council

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  37. Anonymous 2:25, thank you for conceding that I have the right to disagree with you. Not all regime supporters do. And so, for that I commend you.

    Now I will lean on that right.

    The idea that this regime doesn't have power over the courts is ludicrous. In April 2009, the regime dismissed Fiji's entire judiciary. It has handpicked every judge and magistrate since then.

    If your argument was that the regime's separate inquiry into MPC's dealings didn't have the force of law, then I agree with you. The courts could, and should, have considered MPC's case at that time.

    But since at least April 2009, Fiji has not had an independent judiciary. In fact, as appointees of an illegal regime, these courts have no standing. Regime assertions and protestations notwithstanding, nothing its judges decide is really legal, no matter how ostentatious the wigs they wear.

    The regime cannot induce MPC to prejudice himself, rule his case closed, and then reopen it later without substantive new evidence. That would constitute estoppel on the part of the government, clearly violative of MPC's right to due process.

    As for MPC's driving record, why is that now an issue? Is that to be litigated now, too? You seem more interested in simply attacking MPC than in addressing the facts of the case at hand.

    Perhaps you think I'm an MPC supporter. I am not. I simply support justice and the rule of law.

    I agree that MPC should be prosecuted, but not for violating exchange controls. He should be charged with treason for his actions in support of this regime.

    Clearly you want to bring MPC down -- why not bring him to the bar of justice on the far more serious crime of treason?

    s/ Dakuwaqa

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  38. Dakuwaqa

    Thanks your comments. I am not a regime supporter nor a FLP. I also support freedom and rule of law. I have been to Aust, USA, NZ, canada and have spoken to people who have given hgeaps to MPC for the poor farmers. I also know from my sources that money was depsoited into his accounts in Aust. Even MPC admits that's.

    Let's for aruguemnts sake agree that the IG is illegal and that it does not have lawful power or authority. If we agree to this, then the inquiry has no power whether it freed MPC or otherwise.

    Again, it is not MPC who should face the music but everyone. I want it to shart from the top. Noy just the poor guy who steals a loaf of bread.

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  39. Sorry Dakuwaqa,
    With regards to charges of treason, let's be honest and realistic, we will have to wait 10 years for that.

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  40. Shame on you Yanh you 5/8s lawyer along with Branchflower another obscure mediocre pumped up dunce just like Gates who contrives his airs of elegance and high society but is just another locust andf opportunist. Cry my beloved country. Down with Piggy and Khaiyum and all their rotten cronies.

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  41. Anonymous 10:24, thank you for the clarification.

    The inquiry had no legitimacy. Even so, by inducing MPC to prejudice his own interests on the basis of its promises -- whether legitimate or not, whether it possessed the capacity or not -- the government has foreclosed the possibility of lawfully prosecuting the same case on the basis of the same facts. It could properly result only in a mistrial, invalidating the state's case because of its serious prejudicial procedural errors.

    I advocate that, as soon as Fiji returns to lawful government, a Truth & Reconciliation Commission be formed to look into the conduct of MPC, Bainimarama, Qarase, etc. to decide the legality of their actions.

    Let the chips fall where they may, but only under a lawful system of impartial justice. Fiji is far from such a system at the present time.

    s/ Dakuwaqa

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  42. Anonymous 4:29, you wrote: 'Sorry, Dakuwaqa. With regards to charges of treason, let's be honest and realistic, we will have to wait 10 years for that.'

    Thank you for your note.

    Is not time relative but truth absolute? Whether we have to wait 10 years or 10 days matters not to those of us who know our duty.

    To the tyrant, 10 years are not enough, but it's an eternity to a suffering nation. Even 10 days under the boot of a tyrant are too long. Note that it's been over 12 years since Bainimarama launched his first coup attempt, yet his greed for more power remains open-ended.

    Dictators suddenly seem to have a lot less longevity. This past year, Kim Jong Il of North Korea, Hosni Mubarak of Egypt, Moammar Gadhafi of Libya, Ali Abdullah Saleh of Yemen, and Zine El Abidine Ben Ali of Tunisia all either died or were ousted from power. They didn't anticipate such endings. I expect that the Hibiscus Revolution will also strike as a bolt out of the blue.

    The Freedom Wave hasn't reached us in the Pacific yet, but it's coming. I'm issuing a 'tsunami warning' for downtown Suva, on Wednesday, 26 September, at 7:00 PM precisely. I call it 'M-Minute', the first step in Operation Jericho. It will be a one-minute sound wave in celebration of Fiji. 

    Patriotic elements within the RFMF and police, take special note and plan accordingly.

    All others who love and care for Fiji, come to Suva prepared to make a joyful noise.

    s/ Dakuwaqa

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  43. So S/ Dakuwaqa, M-Minute is just the first step in Operation Jericho?

    Which step is it where we hang Bainivuaka and Aiyarse for treason?

    I don't want to miss the first step, M-Minute, and I don't want to miss that last step, either.

    Let's call it J-Minute. J for Justice.

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