#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Former Fiji judge confirms judiciary are just Khaiyum lackeys

Wednesday, September 19, 2012

Former Fiji judge confirms judiciary are just Khaiyum lackeys


As tipped after the hasty and controversial departure of Fiji's chief registrar last week, damaging information about the compromised nature of the judiciary is surfacing. The former Court of Appeal judge, William Marshall, has resorted to revealing on an internet site the petition he sent to the regime calling for the dismissal of the illegal attorney general, Aiyaz Khaiyum, who he says set out to destroy the rule in Fiji. Sources had told Coupfourpointfive Marshall's hard hitting petition was one of the documents that had been gathered as part of the 'dirt' on Khaiyum.


The Petition of William Roberts Marshall QC, SC Resident Justice of Appeal Fiji since 16th July 2010 

1. This petition is addressed to the Prime Minister, Commodore Voreqe Bainimarama and to the Military Council.

2.  One object of this petition is to explain, with evidence supported by documents, that since 9th  April 2009 there have been progressive inroads into the independence of the judiciary which process has culminated since mid-April 2012 in a judiciary which at all levels now does what it perceives is required of it by the Executive.  At all levels, judges having heard the evidence, having researched and found the applicable law, and having listened to the submissions of the parties now ask themselves,” Now what would the Attorney General like my decision and judgment in this case to be?” and make their judgment and orders in line with their answer.

3. A second object of this Petition is to persuade you that you should change this Executive policy forthwith.  The commendable objective central to your dismissal of the Qarase government in late 2006 was to have a nation where everyone regardless of race are Fijian citizens; where government is inclusive rather than them extractive, multi-racial rather than racist, and honest rather than corrupt.  Such a government is transparent in its actions so that its citizens can appreciate its problems and performance.  If there is nothing to hide then transparency will be appreciated by informed opinion and that good opinion will trickle down to the grass roots.

 4. A transparent non-corrupt inclusive government which values and abides by the rule of law has a chance of being elected whenever, inevitably, some kind of electoral process is put into action and Fijians must vote.  You have said you will win in 2014 against Qarase and the SDA.  But you will not if the perception of voters is that your government has undermined the rule of law to the detriment of innocent individual citizens of Fiji who have become victims of miscarriage of justice.  Another matter is that citizens of Fiji do not want a government which if they have a civil or criminal case before the courts, will ensure a result in favour of the Executive.  They see confidence in the independence and impartiality of the courts as essential.


In the 143 page petition, Marshall says Khaiyum deliberately instigated a campaign to destroy the rule of law in Fiji and tells Bainimarama he must dismiss him or pass the reins on to someone in the 'Military Council who will.'


Marshall recommends Khaiyum be exiled to Rotuma like Apolosi Nawai and be given no access to the Internet. He also suggests:


a) Bainimarama turn to him as a key advisorsigning himself as 'Your Humble Petitioner'
b) the Chief Registrar (Justice Arachchi, whose contract was terminated last week) be dismissed
d) Chief Justice Anthony Gates be retired
e) Nazhat Shameem be appointed Chief Justice
f) If she doesn't accept, it should go to Justice Salesi Temo
g) Shaista Shameem be appointed to the office of Attorney General
h) And William Calachini made Independent Legal Services Commissioner
h) And judges from Sri Lanka serving in the Court of Appeal and Supreme Court be dismissed


In the following excerpts from petition, Marshall details the Machiavellian actions of Khaiyum:

37. From later events, I deduce that the Attorney General did not want anyone who would uphold the rule of law and the independence of the judiciary from Executive interference.  Finally he was more anxious to replace Acting President of the Court of Appeal, John Byrne, who was making, in his view, outrageous anti-Executive decisions in granting stays to crooked lawyers and granting bail pending appeal in criminal cases.  Also because of John Byrne on 5th July 2010 acquitting in the Court of Appeal an Australian, Simon John McCartney, who had been convicted in the High Court of murder.  In the end, the balance tilted in favour of the Attorney General terminating John Byrne’s contract even though it would mean appointing me with my expressed intention to uphold the rule of law.  By this time it is clear that the Attorney General was interfering in the hearing of cases and was pursuing a policy of having a judiciary which at all levels would do as he wanted.  On the other hand the Chief Justice was lead to believe that the policy of non-interference which had been in place between the end of 2006 and 9th  April 2009 was still in place and would continue going forward. In all this I believe that Anthony Gates was sincere in his dealings with me. In 2010 he did not believe that the Executive would adopt a policy of interfering with judicial independence.  He was deceived into thinking the Attorney General also believed and supported this.  But at this time the Attorney General was secretly determined to pressure the judiciary into compliance with Executive wishes in every case.

(3) Before the Australian imposed judgment in Qarase of 9th April 2009, the Attorney General was looking for an opportunity to increase exponentially his personal political power.  He also wished to supplant and outgrow the influence of Madam Justice Nazhat Shameem and of Anthony Gates C. J.

(4) The Attorney General used the crisis of 9th April 2009 to gain the increase in personal political power that he wished for.  By persuading you and the Military Council to abrogate the Constitution and dismiss all the High Court and Appeal judges, his intention was to subsume the judiciary within the Executive and under himself.  He intended a judiciary corruptly favouring the Executive view in every case.  He intended to completely undermine the judiciary; as an institution vital to the creation of an inclusive government in Fiji, the judiciary would be comprehensively and completely undermined.

(5) The Attorney General agreed with Anthony Gates C J to recruit exclusively from Sri Lanka where the judiciary has a history of supporting the Executive. Anthony Gates C J had strong connections there.  Anthony Gates C J was told that Sri Lanka judges would maintain judicial independence when sitting in Fiji. This was untrue.  The Attorney General’s intent was that Sri Lankan judges would understand what was required by him and would deliver it.

(6) Anthony Gates C J understood that local judges of the same mind as Justices Shameem, Byrne and himself would retain judicial independence and complete integrity.  Such judges would be persons minded to support the need for the present government and its inclusive policies.  The Attorney General did not intend this to happen.  He foresaw that in a short time any judge who preserved their independence and integrity would be either terminated in office or intimidated into conforming.

(7) Anthony Gates C J before agreeing to accept re-appointment held out for the re-appointment of Justice Daniel Goundar and an assurance of continuing judicial independence and integrity.  Since Anthony Gates C J’s re- appointment was necessary in the immediate aftermath of 9th April 2009, the Attorney General pretended to agree to this.

(8) By July 2010 Justice Priyantha Fernando demonstrates that Sri Lankan judges will perform as expected by the Attorney General.  He convicts in Zafir Tarik Ali and others and four innocent persons are convicted of murder.  The creation of false evidence by the DPP as required by the Attorney General was critical to this result.  The second factor was the trial judge’s convicting as required by the Attorney General.

(9) On about 6th May 2010 the Attorney General stops blocking my appointment as Resident Justice of Appeal.  His only reasoning is that it was more important that Acting President Byrne be terminated after the judgment in Macartney, than that the blocking of my appointment be continued.

(10) On 15th March 2011 the Attorney General frames a false and defamatory allegation which if it succeeds will end my career as RJA.  On 12th September 2011 the Attorney General’s facts in a sworn affidavit are found to be false evidence by three judges.  I am vindicated.  The Sun newspaper reports nothing.  The Times in a report of 13th September 2011 (produced as Document No. 85) does not state that Kolinio Waqa’s evidence was found to be false.

(11) In early April 2012  I am not renewed.  Very shortly after, Justice Temo is intimidated by my non-renewal.  He prefers keeping his office to continuing with judicial independence and integrity.  By this time Acting President Calanchini and Anthony Gates C J have become agents of the Attorney General in the Judiciary.

(12) Until I am scheduled to leave on June 28th 2012 three judgments of mine are indefinitely postponed.  This will mean a new hearing in these cases just to stifle my intended judgments.

Analysis of the decision taken following 9th April 2009

272. What the Attorney General advised you and the Military Council in the aftermath of 9th April 2009 was deceptive in a number of respects.

273. Firstly, the intention of the Attorney General was to aggrandise personal political power.  I have discussed his love of power and the using of it corruptly above.  So the solution that he would recommend and argue for would be the solution conferring on him very substantial power over policy and legislation going forward.  It would also enable him to exercise power over those within the government and those in the private sector.  But he would not ever reveal to you his real intentions in giving this crucial advice.  This was (and is) a major deception practised upon you.

274. Any member of a government must act in complete good faith when advising at the highest level.  He must reveal any secret agenda. He must fully, objectively and honestly explain the arguments in favour and against any proposed solution.  The Attorney General dishonestly and intentionally omitted the real arguments against his preferred solution.  Nor did he advise properly on the arguments in favour of or against other proposed solutions.

275. The third intentional deception was a failure to advise upon the consequences for the programme and policy of your government, if his

279. The preferred solution would have been an immediate appeal to the Supreme Court.  In the Supreme Court a panel of Justices Shameem, Goundar and Inoke would have restored the reasoning and orders of Anthony Gates C J in the High Court.  Shameem J and Goundar J would have done so with complete judicial integrity.  Inoke J would have agreed because that would be the solution preferred by the Executive if an appeal to the Supreme Court had been taken.

280. A very important consideration in favour would have been that the declarations of lawfulness in the Supreme Court would have avoided future actions claiming the President’s actions were illegal.

281. If necessary a stay pending appeal could have been granted immediately.  But even if a session requires gazetting (which in my view it does not) the matter could have been immediately taken to the Supreme Court. Once seized of it orders for arguments to be filed could be made if necessary. In the United Kingdom or in Hong Kong there would have been an immediate appeal to the House of Lords (United Kingdom) or the Court of Final Appeal (Hong Kong).

282. To prevent new constitutional challenges, a decree revoking or suspending constitutional actions could have been issued.

283. The problem was that the Attorney General wanted a solution that would allow him to control the judges and remove their judicial independence.  But he would not disclose this intent when advising on this important matter.  The Attorney General also wanted a long period using his increased powers. Therefore he wanted until 2014.

276. The decision in the High Court of Fiji in Qarase v Bainimarama was given by a judgment of the Court (in fact written by Anthony Gates C J) comprising three judges being Anthony Gates C J presiding, John Byrne J and Devendra Pathik J. on 9th October 2008.  It is in my view an important and valuable decision. It found that the actions taken by the President and others were lawful. It is well argued and would have prevailed on appeal but for the subornation by Australia of three Visiting Fiji judges who were all Australian nationals.  I do not understand why Justice Byrne chose three Australian judges unless he was constrained by the need to retain the availability of Madam Justice Shameem, Justice Daniel Goundar and Justice Sosefo Inoke for use in the Supreme Court.

277. Then came the judgment of 9th April 2009.  Since the long judgment was handed down immediately after the close of arguments, it was carefully prepared in advance.  It was an act of Australian sovereignty imposed upon the institutions of Fiji. It was perceived by everyone in Fiji in that light and was hugely resented by all except the SDL and supporters.

278. An important point is that when in a judicial review a law or acts are declared unlawful it is the invariable rule that the executive is given as long as it reasonably requires to implement change.  In one case in Hong Kong involving discrimination the Education Department was given two years to bring in reforms.  The Australians in Qarase did not follow the law in this regard because their intent and that of the Australian government was to create an immediate serious crisis.

279. The preferred solution would have been an immediate appeal to the Supreme Court.  In the Supreme Court a panel of Justices Shameem, Goundar and Inoke would have restored the reasoning and orders of Anthony Gates C J in the High Court.  Shameem J and Goundar J would have done so with complete judicial integrity.  Inoke J would have agreed because that would be the solution preferred by the Executive if an appeal to the Supreme Court had been taken.

280. A very important consideration in favour would have been that the declarations of lawfulness in the Supreme Court would have avoided future actions claiming the President’s actions were illegal.

281. If necessary a stay pending appeal could have been granted immediately.  But even if a session requires gazzetting (which in my view it does not) the matter could have been immediately taken to the Supreme Court. Once seized of it orders for arguments to be filed could be made if necessary. In the United Kingdom or in Hong Kong there would have been an immediate appeal to the House of Lords (United Kingdom) or the Court of Final Appeal (Hong Kong).

282. To prevent new constitutional challenges, a decree revoking or suspending constitutional actions could have been issued.

283. The problem was that the Attorney General wanted a solution that would allow him to control the judges and remove their judicial independence.  But he would not disclose this intent when advising on this important matter.  The Attorney General also wanted a long period using his increased powers. Therefore he wanted until 2014.

284. The Attorney General wished to abrogate the constitution.  That certainly was not necessary until the Supreme Court had ruled in the Qarase case.  The Supreme Court would have agreed with the High Court on the need for elections and other actions when they said at paragraph 169 of their judgment of 9th October 2008:-

“[169]     We note the completion of a census as a necessary preliminary to the holding of accurate and fair elections.  We take notice of the significant demographic changes brought to light from that survey which are likely to effect a permanent and growing dominance of the Parliament by the indigenous.  As was the case in Bhutto v Chief of Army Staff PLD 1977 SC 657 we do not find it appropriate to issue directions as to a definite timetable for the holding of elections.  No doubt the President will have uppermost in his mind the twin imperatives of the sanctity of fair elections on the one hand and the need for urgent return to democratic rule on the other.  In Mitchell (at p.94) Haynes P said the court assumed that the Government would act with reasonable despatch.”

285. The Attorney General wanted complete control over the legislature and the judiciary; in the Executive he was already a de facto Deputy Prime Minister. This additional power was made achievable by the immediate abrogation of the 1997 constitution.  He also wanted a longer period in order to wield his ever increasing power than paragraph 169 of the Qarase judgment allowed.  In the result he got five years running all the legal and judicial institutions as well as huge power in economic affairs.  He would not disclose his real reasons for abrogation and 2014.  He would also believe that if the Court of Appeal Judgment was reversed in the Supreme Court there would be no urgency in abrogating the Constitution.  There remained a case for that step because the
1997 Constitution returned racist, corrupt and extractive governments.  But there could be constitutional amendment discussed over two or three years. Alternatively there could have been a planned abrogation of the Constitution. A planned abrogation would have not required anything like the disruption that the aftermath of 9th April 2009 in fact caused.

286. The paranoia about Australian neo-colonialism was real.  The anger at the judicial coup effected by three Australians was also real.  But the Australian move could be reversed in the Supreme Court.  The Australians had long ago decided that they were not going to invade Fiji.  Their cold war consisted on sanctions on office holders and a propaganda campaign that was failing.  It was failing because Fiji (and the South Pacific) were increasingly receiving assistance from China.  It was also failing because the Australians could not see that the 2006 action had been against an ethnic cleansing racist corrupt and extractive regime which was no longer even “democratic”.  It printed excess ballot papers.  Its elections were corrupt.  If Australia was not quite “a paper tiger”, its influence in the South Pacific was in decline.  At the same time everyone in Fiji, not living in the villages, not in the Council of Chiefs and not in the Methodist clergy, after two years of inclusive rule under the rule of law, preferred the change that you and the Military Council had wrought in the
years 2007 and 2008.

287. I would conclude that the Attorney General was active in all the three ways of dishonesty discussed above.  The Attorney General advised on these crucial issues keeping his secret agenda hidden, intentionally failing to discuss in good faith the “pros” and “cons” and relentlessly in favour of abrogation so that he could enjoy immense power for 5 years.

288. Informed opinion and indeed most people in Fiji detest the secrecy censorship and black propaganda that this manipulative public officer directs in detail.  Censorship may have been required to some extent in 2006.  Even today seditious publications by or on behalf of political opponents should be censored.  The Attorney General however, uses censorship to avoid anything transparent emerging about the government and for “black propaganda” that is exactly the contrary to what is actually happening.  All this wastes the goodwill that could be accruing to the government if you went back to transparency.  It is obvious to all that the Fiji Sun is the Attorney General’s mouth piece.

289. I revert to the Roman Emperor Gracian.  He said :“A wise man gets more use from his enemies, than a fool from his friends."

Leave aside discussion of his “friends”.  Let us focus instead on his “enemies”. There are never enough resources to prosecute everyone who commits extractive crime when in power.  Therefore, common sense says, investigate and prosecute the biggest offenders.  Instead it is back to those who have, in the Attorney General’s mind, “crossed him”.  His opinions on this are obfuscated by his lack of objectivity.  His anger is uncontrollable and it results in irrational actions for which the government receives the blame.  More important is the fact that many opponents could be won over to supporting, or at least not opposing the present government.  Why continually fight old battles when one of the arts of politics is to “move on”?

290. What are the true values of the Attorney General?  Underneath the propaganda they are “extractive” values rather than “inclusive” values.  They are the values of an 18th Century autocrat.  The tyrannical kind of autocrat rather than the benevolent kind.  The non-transparency that he practices is there to cover up from general view the fact that his true values are “extractive”.  Fiji is a small place.  When he denies drawing of emolument of five.

You must dismiss the Attorney General or pass the reins of power to someone in the Military who will.
291. In summary the reasons are:-
(1)   He has completely made the judiciary a corrupt agency of the Executive. He was not instructed to do this ad he has kept it secret from you.  Informed public opinion has arrived at this conclusion.  One pointer is a comprehensive takeover by judges from Sri Lanka.  Another pointer is that reports of cases that cause real concern to the public continue to leak out.  In destroying the independence of the judiciary, there is now no rule of law in Fiji.

(2)   The Attorney General’s methods in attaining his ends, always involve lies or deception.  Very often they involve conspiracies to do something unlawful.  The manipulation involved is akin to blackmail.  He appoints them and requires them to do something unlawful.  If they refuse they are dismissed.  If they fail to accomplish his object or “cross” him in any way they are to be dismissed.  They are also to be punished.  He uses his power of dismissal of those that stand up to him to intimidate others who then choose to co-operate with his orders.


(3)   Without your authority or knowledge he does irrational things on behalf of government.  The facts of the intervention in Zafir Tariq Ali and others ,for a wholly irrational reason, is the leading example.  But the intervention in Macartney which is done so badly for the same irrational reason that a guilty man goes free is almost as bad.  The attempted framing of me as a corrupt and partial judge in April 2011 may not have been irrational in serving to attain his objective of completely undermining the independence of the judiciary.


 The 143 page petition dated June 21st 2012 is available at the following link:
Justice William Marshall, The Petition
https://sites.google.com/site/justicewilliammarshall/petition 

50 comments:

  1. Breaking News at hand: Aslam Khan the Head of Vodafone Fiji and husband of Nazhat Shameem has tendered his resignation from Vodafone and will leave Fiji in November for London where his two daughters are studying law. He will not return. Word is that his wife is hopeful to succeed as CJ soon and has refused to run. Aslam has been breaching privacy of vodafone customers by releasing text contents of marked people in Fiji and tapping the phone conversation. Vodafone UK holds 51% shares in Vodafone Fiji and must have put Aslam on notice about the illegal phone tapping in breach of international laws governing telecommunications conventions. Time to run but we will get you rat.

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  2. What is in the Madam Justice title being given to Naz? Why not just Justice Naz like Justice Gay?

    Am I missing something?

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  3. Again we ask…."what is happening to us?”

    .... the spilling of these sticking can of worms may lead only to one ultimate and unwanted end!...yep…another state of emergency with decrees flying around to protect the few implicated..and of course may just derail all our genuine efforts for election in 2014…

    ..but again, the learned Judge, honorable his intentions may have been , may have just played right into the hands of the few who are still working out what their respective roles would be post election…

    That is,if this generation is going to see one National election at all!!...what is happening to us?????..back to our knees and pray some more, I think…

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  4. NOTICE TO ALL SUPPORTERS OF DEMOCRACY IN FIJI

    Hon Justice Marshall’s damning account of corruption in Judiciary caused by Aiaz Khaiyum calls us to consider the following;

    1. Forgive and support Bainimarama to call early elections under 1997 Constitution.

    2. Call for the appointment of Nazhat Shameem as Chief Justice and Shaista Shameem as Attorney General as recommended by Justice Marshall.

    3. Appoint a Judicial inquiry into all financial dealing of Khaiyum brothers and all their connections in Auckland NZ and freeze all foreign bank accounts and assets of these people.


    4. Call for the release of all persons jailed by the Khaiyum Judiciary and have a retrial under a
    NZ based Judge.

    5. Cancel the cabinet out sourcing of salaries from aunty Nur Bano accounting firm and bring it under Treasury and reduce the salaries of all ministers by 50% to $100,000 per year.

    ALL OF THE ABOVE IS BASED ON THE FACTS BELOW;
    1. Judiciary is Corrupted by Khaiyum brothers
    2. Khaiyum is checking and approving all Judgements.
    3. Qarase was jailed by Khaiyum.
    4. Khaiyum caused Bainimarama to cancel the March 2009 Elections originally planned by the Military.
    5. Khaiyum advised the Constitution be abrogated.
    6. Khaiyum advised to outsource the payment of ministerial salaries to Nur Bano and fixed his and PM;s salary at $1.2m annually.
    7. Khaiyum approved the $200,000 leave pay for bainiramama to introduce him to corruption.
    8. Khaiyum wants the 2014 elections cancelled and a new date of 2020 set
    September 19, 2012 6:38 AM

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  5. Ratu Sai....the reason she gets the madam justice title is because she is a madam running the brothel called the Government of Fiji.

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  6. Justice Marshall got what he deserved - just as the others will. They will all be used and discarded by Frank and Khaiyum, whose self interests remain paramount to that of the nation and its need for a free and independent Judiciary - operating at arms length from the Executive. The points raised By Justice Marshall in his petition are subjective in that they relate to his personal interests at the time of taking up appointment in Fiji - settling permanently in Fiji. His perception of when Fiji's Judiciary was "most respected" is based on his rather "partial" attempt to draw attention to the "split" within the Judiciary, thus justifying Anthony Gates and Nazhat Shameem's treasonous acts of being the judicial backbone to the Bainimarama regime. For Justice Marshall, Frank's coup was necessary and therefore justifies the overthrow of an elected government and the prostitution of a legal system which Justice Marshall himself, as a lawyer, swore to uphold at all times. May he retire in peace in Hong Kong - preferably in the company of Anthony Gates and Madam Justice Shameem because they are birds of a feather who have all been tarred with the same brush.

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  7. Justice Marshall got what he deserved - just as the others will. They will all be used and discarded by Frank and Khaiyum, whose self interests remain paramount to that of the nation and its need for a free and independent Judiciary - operating at arms length from the Executive. The points raised By Justice Marshall in his petition are subjective in that they relate to his personal interests at the time of taking up appointment in Fiji - settling permanently in Fiji. His perception of when Fiji's Judiciary was "most respected" is based on his rather "partial" attempt to draw attention to the "split" within the Judiciary, thus justifying Anthony Gates and Nazhat Shameem's treasonous acts of being the judicial backbone to the Bainimarama regime. For Justice Marshall, Frank's coup was necessary and therefore justifies the overthrow of an elected government and the prostitution of a legal system which Justice Marshall himself, as a lawyer, swore to uphold at all times. May he retire in peace in Hong Kong - preferably in the company of Anthony Gates and Madam Justice Shameem because they are birds of a feather who have all been tarred with the same brush.

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  8. Marshall shows himself to be just another long-winded judge whose primary interest is in furthering his own career. Another Bainimarama bootlicker used and abused by the regime he helped to prop up and cram down our throats.

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  9. Military has been dupedSeptember 19, 2012 at 12:38 PM

    It is becoming increasingly obvious that the Fiji military has been duped by a treasonous group of scumbags and opportunistic criminals. Bainimarama is just a stooge who was paid off with a few dollars while he allowed these treasonous manipulative scumbags to destroy the once proud reputation of the Fiji military. It is only the Fiji military that can correct the damage done and restore Fiji to freedom, democracy and the rule of law.

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  10. Can we hope that John Byrne will be next to confirm what is known both locally and internationally ie Fiji has nad no rule of law since the 2006 coup and the installing of the very ambitious Khaiyum?

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  11. No wonder Gates reversed a major Insurance judgment handed down by Marshall which favoyred the poor. Gates favours the Insurance companies---they have the money- give cocktalis--parties etc.--something the Ratu Epeli and Chinsami cannot afford.

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  12. isa sa voleka sara na veivutusona keina gutuwa!!!

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  13. Khaiyum has been useful to Bainimarama but he may be now thinking it's time to get rid of him. He will do this to try to win votes and appear reformist.

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  14. Ramesh babu Namadi Heights permalink



    Rate This

    Folk….just 24 hrs after the Justice Marshal Report created storm in the cyberspace- acting chief registrar announces deferment of ‘no case to answer ruling’ on the person charged for assisting Roko Lui escape….the question is ; why the last minute deferment? is the regime shaken by the Marshall revelations? Are they trying to show balance by changing the ruling? Read the story below…first sign of attempt to look independent by freeing the gentlemen but we are not fools Khaiyums….Risto Harmat ruling moved
    September 19, 2012 | Filed under: Fiji News | Posted by: newsroom

    Risto Harmat outside court. Photo: RONALD KUMAR.

    By SITERI SAUVAKACOLO

    The ruling on the no-case-to-answer against Estonian national, Risto Harmat, will be heard next week.
    The ruling was to be delivered by Acting Chief Registrar Mohammed Saneem at the Suva Magistrates Court yesterday.
    However Magistrate Saneem told the lawyers that only half the ruling was ready.
    The court heard that Harmat, who denies one count of obstructing the course of justice, arrived in Fiji in 2005 under a work permit which was renewed every three years.
    Gavin O’Driscoll told the court last week that Harmat had only taken Roko Ului on May 9, 2011 on a fishing trip and was not aware that he would not return with him.
    He said the only evidence by the state was that he had dropped off Roko Ului at the beach adding that dropping off someone at any place within Fiji’s jurisdiction was not an offence.
    Mr O’Driscoll told Magistrate Saneem to consider the fact that there was not enough evidence by the state to prove that Harmat’s fishing trip with Roko Ului was a planned one. Mr O’Driscoll also said there was no evidence suggesting that Harmat received any compensation from Roko Ului during the trip.
    State lawyer Mosese Korovou, in responding to submissions made by the defence, said the elements of the offence obstructed the course of justice.
    Mr Korovou said the state relied on the entire evidence of the case. He said the fact was that the accused had been living in the country for the last six years and that he had also taken Roko Ului on an earlier fishing trip.
    Harmat is alleged to have abetted former Republic of Fiji Military Forces Third Batallion Fiji Infantry Regiment commanding officer Ratu Tevita Uluilakeba – commonly known as Roko Ului – to escape a sedition charge to Tonga. The state submitted there was a case to answer against Harmat and that he had knowingly perverted the course of justice.
    The ruling will be delivered on Monday, September 24 at 3pm.

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  15. adiolucas permalink






    1 Votes

    @ Apology RFMF

    Great sentiments and I wish I could agree wholeheartedly – but although parts of the petition are incredibly concise and revealing (see pages 120 – 160 in particular) – I cannot help but feel that the preamble re SDL/Qarase/Racism were written with a view to excuse the writer for his choice to support the regime in its lies – even though he seems to have discovered the truth in the end.

    I wish I could convince myself otherwise – Justice Marshall is a well respected and eminent judicial officer and I wish him all the best.

    The crux of it is that we now have judges leaving the regime and who are also saying what we have been saying for years now: there is no freedom in Fiji and Aiyaz continues to orchestrate the Courts to do what he wishes them to do.

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  16. Marshall - all signs of sour grapes

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  17. Anonymous 12:01, why should we forgive and support Bainimarama?

    Forgive him of what, his treason? Support him in what, more treason?

    Yes, Khaiyum is a traitor who deserves to be hanged, but making him a scapegoat won't save Bainimarama for long.

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  18. This Justice Marshall dude is no honorable one. Any officer of the court who justifies Voreqe's action as necessary is in my book dis-honorable; if there is such a word.

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  19. QUESTION: Is the latest escape by five prisoners related in any way to the sudden surge in violent robbery cases including the attack on the BSP bank in Samabula on 19 Sept? If so, how do you evaluate the success of the Yellow Ribbon project? If not, then the robberies must be coordinated by some unnamed force (Look back at our recent history and events that have followed close on the heels of mass prison break-outs). In any event, is our somewhat limited freedom of speech/assembly coming to an end soon and are we to see the re-introduction of the PER? Oddly, only police and prison officers are involved in the search for escapees. Where's the famous army check-points or has it got something to do with the escape being orchestrated? A man convicted of murder and serving life imprisonment is held in the Medium Security unit instead of Maximum Security. Hello Fiji - have we become so numb with fear that we can't tell when someone is pulling our leg?

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  20. C4.5, please spend less time on vacation and more time adding value. Instead of simply reprinting Marshall's initial comments at great length, why didn't you summarise his comments for your readership?

    Marshall is an opportunist who wants Bainimarama to appoint him as AG while sending Khaiyum to internal exile.

    Marshall lays out how Khaiyum has destroyed the integrity of Fiji's courts, but he also purports to show Bainimarama how he could have used Fiji's perverted justice system to overturn the Appeals Court decision in Qarase vs Bainimarama et al.

    Marshall's damning remarks about Khaiyum are all true. His fawning remarks about Bainimarama and his regime are not.

    Marshall does a service by exposing more of the regime's underbelly of lies and corruption, but in the process he also shows himself to be another pathetic sycophant of the dictator. He may not be as odious as Khaiyum (who is?), but he also deserves no place in any country's judiciary.

    ReplyDelete
  21. @Anonymous 6:38 & 12:01
    Why "forgive & support Bainimarama"?
    He is the arsehole that started all this.

    ReplyDelete
  22. Frank would love to send both ASK and Yash Ghai packing, but he's still unclear how to connect the dots between his current situation and the total and absolute power he seeks. ASK knows he'll be jettisoned as soon as he outlives his usefulness to Frank and that the trick will be for him to get out just before then. Timing is everything.

    ReplyDelete
  23. Khaiyum's beneficiaries:

    a) Moh'd Rafiq and his son of Design Engineering Lautoka since 2006 all major Contracts given to them.

    b) Small-Time
    Lautoka Lawyer Faiz Khan Now CEO Tropic Woods and Fiji Pine and Board Director FRCA, AFL

    c) Faiyaaz Ali Receiving Order for Bankruptcy but Now Chairman Lautoka Rural Authority. Crime Autoritiesetc

    d)FSC CEO another Khan/Ali NZ Citizen also owns Companies on energy co-generation in Fj

    e)Permanent Secretary for Trade Never heard him pre 2006 another Ali, Acting CHIEF REGISTRAR/Magistrate Mohammed Admitted 2008 USP, A female Muslim Magistrate appointed this year, The Koya boys who openly boast about their connections with CJ and AG, was extremely close to the sacked Judge Inoke. The list goes on and I am sure you can add names from this particular fundarmentalist parocial group from your observations as well.

    Riaz KHAIYUM manipulates the media to ensure that their control remain intact.

    ReplyDelete
  24. Semi Meo, what is happening to us now is what has been happening to us all along, even if you've been too blind to see it much of the time. Even now, you fear the spilling of the worms will lead to the ultimate and unwanted end, as if the blame is with those who simply tell the truth.

    You also talk about our genuine efforts for election in 2014. Whose genuine efforts? The regime isn't being genuine. It's never kept any of its promises. Any.

    2020 has a nice ring to it, doesn't it? Maybe the regime will allow elections then. But then, again, maybe not.

    ReplyDelete
  25. A 143-page petition for a man who can barely read a comic strip! Frank will ask Aiyaz for a summary, and Aiyaz will reply that Marshall argues that the elections be postponed.

    ReplyDelete
  26. Well guess what the cat dragged in?

    ReplyDelete
  27. Are these the same police who couldn't stop a traitor from overthrowing the government even after he announced the coup in advance? Are they the same guys who couldn't hold five inmates or find them when they escaped... on an island? Are these the police who can't seem to stop armed robberies... committed by crooks armed only with cane knives and pry bars?

    Are these the same police some thugs warn will somehow intervene to stop hundreds or thousands of Fijians from rattling their chains simultaneously in downtown Suva for one minute one week from now?

    ReplyDelete
  28. Anon..September 19, 2012 3:53 PM..as you rightly alluded that "what has been happening to us all along" is a few nameless and faceless cowards pretend patriots continue to hide under the “sulu I ra”, “shari” while your Lord Aiyaz rules!!..

    "what has been happening to us all along" is not knowing when these nameless and faceless cowards pretend patriots would once and for all give credence to their sometimes brilliant contribution to this esteemed column by simply ..jumping out of their hiding places and be countered worthy patriots…oh..no..no…no…no..for the next six years..may be until the 2020…or maybe they are just some faceless and nameless foreigners who’ve lost their Fiji Citizenship and have swore allegiance elsewhere…just stay out of business…!!

    ReplyDelete
  29. Meo ra cebo laqa sa rui sivia ga a vosa. Lao mai mai tekevu taka.

    ReplyDelete
  30. I have been saying all alongthat there is no rule of law in Viti because the whole Judicary is corrupt. Kaihum is master player and he has been using Voreqe all along. Pls Ratu Voreqe for the sake of the country and our childrens' future remove Kaihum from your Team and declare an interm governmnet to take the country to election under the 1999 constitution.

    Kalougata tiko o Viti kei Rotuma

    ReplyDelete
  31. Ratu Sai(nimere?) September 19,2012 5:17pm.

    Kena leqa go..da veivosaki vaka yalomatua na so..so tale era qarava tu e na yalo dina na nodra i tavi vaka cebo "inspector" ...o vela!

    ReplyDelete
  32. To the Luveni Macawa using my name Ratu Sai.

    Listen up luveni kawa ni bilida.

    You idiocy precedes you.

    Lako sara lei domica na kau nei tamamu.

    ReplyDelete
  33. Khaiyum stop all your bs decree .
    You have f fiji up.
    we dont need you and regime .
    frank sack khaiyum now .open your eyes.
    so what justice marshall had said is true,
    fiji court is khaiyum court.
    army wake up khaiyum is using you guys to fill his pockets.
    god bless fiji.
    Rajesh

    ReplyDelete
  34. @ vei kaivesu

    Vinaka sara ga, butakoci na samabula BSP[Bank of the south Pacific] , qori dua na baqe sa dau butakoci keimami na lewenivanua. varau taki tale veiratou na ka ga ratou dau cakava tiko vei kemami na lewenivanua.

    fuck you Bsp, now you taste your own medicine.

    hero the prisoner . all this 5 boys from naboro- mid prison , in my views a hero .

    KOI YASAYASA

    ReplyDelete
  35. You dont need any experience to become a magistrate---just pick your degree from USP./FNU or FU(Daven Pathik's courtesy)---and jump on the bench and start hearing cases----all monkeys wearing garlands !!

    ReplyDelete
  36. Don't blame the Police mother fucker, you guys fucked up and when military overthrew the Bavandra Government you guys said god was with us. The Military is the problem not the Police, we never took over the Government and its these mother fuckers coming as Commissioners from the army Savua, Taleni and Naivalurua are the culprits who have destroyed the main arm of Police the CID by bringing in military rules. Civilian Police means respecting democracy and its basic fundamentals and if you are not a bastard give me your address so we can discuss this over a box of beer or over your dead body. Never make the mistake of blaming the Police when military is the culprit with cTiefs and the Methodist church and your mother fucken culture of silence. I have your IP address mother fucker blame your father for producing fuckwits like you and not Police. Its us who have held things together and when it becomes another Liberia go fuck your father in the grave yard.

    ReplyDelete
  37. That's right,give these escapees all your protection and issue them
    with arms. Let them take the first
    shot at the Army in Delainabua?
    Let them take the first shot at Bai & Khaiyum? Let them rign the first drum?

    ReplyDelete
  38. I think the Police looked the other way,while the boys were robbing BSB.


    ReplyDelete
  39. @Oracle 3:14 PM

    An interesting view ?

    I drove through a police check point on main route 3 times and not one policeman looked through the window of may car to see if anyone was on the floor.

    I would have expected the presence of the army at checkpoints and most would have welcomed it.

    No explanation as to exactly how they broke out has appeared yet.

    Not normal to break out and go on a high profile crime spree increasing the chances of being found.

    ReplyDelete
  40. Kick that Muslim Kaiyum's ass and the sleeve bag Tappoos who are aligned with this terrorist.

    Boycott Tappoos everyone. They are Kaiyum supporters.

    ReplyDelete
  41. Ratu Sai...September 19, 2012 6:46 PM…indeed, only when the fuming froth of flaming anger emitting from one’s honourable nostrils do we then realise that such person like you; both inadvertently mirroring the abundance of filth within and the probable inherited human behaviour from the darkside you master….please, my friend, most of us addicted to this esteemed C4.5 column rather you join us up here in the tranquil sphere of reality, sanity and common sense….which you do sound like on many occasions to be virtues you champion…or are we to judge you otherwise?...your call, my friend…your call…just make it quick lest we all be collecting $$ for your angiogram as we’re reliably informed you may need one soon!

    ReplyDelete
  42. Isn't Naz the puppeteer and Khaiyum the puppet? Maybe the puppet show is over and its time for the Puppeteer to take center stage.

    ReplyDelete
  43. Man, people really putting it all on C4.5's shoulders. Why don't you lazy asses take responsibility yourself instead of whining and bitching about C4.5? Everyone has been trying to drop kick this regime for six years but haven't done anything. We have a chance with Operation Jericho but do I hear anyone planning and getting people on board? No I hear people mouthing off about C4.5 and Semi Meo. Wailei. Challenge all you moaners to get off your black bums and do something.

    ReplyDelete
  44. The truth hurts, eh, Meo?

    ReplyDelete
  45. Anon 9:25 is absolutely right. Operation Jericho is our one best chance to do something. Instead, all you guys want to do is bitch and moan. What's wrong with you?

    Jericho is just days away. Get the word out. Prepare! Mobilise!

    This is our chance. We might never get another.

    ReplyDelete
  46. Yeah right! And how much money did
    the choro transfered to you bank account in Australia? Hey, judge
    so you're still in the take? Get the frieken hell out? How much money did you make on this deal?
    Sure,sure we belive you-only if you have a land for us in florida?
    To bad that you have to destroy our
    future PM good reputation to get you money?

    ReplyDelete
  47. @Thakur,19 Sept .
    This is all lies . Aslam is in Fiji doing his job and doing very well with another good year results forecasted and is not leaving Fiji Operations .
    I know AG's family well . His wife is my first coz and madam shameem is not related to her .So Judge marshall affadavit is also not factual.

    Also VF Fiji operations doesnt have monitoring capability to tap, record or listen to calls . No network in Fiji has that capability . So thakur stop spreading lies .
    Your credibility comes on line when you make such false accusations .

    Liga

    ReplyDelete
  48. No, VF just provides the phone numbers to the regime -- the same numbers that the regime forced everyone to register two years ago. The regime provides these to the Chinese, who use their big intel ships to eavesdrop on us. They summarise most of the information they gather that is of mutual interest and share this with the regime.

    ReplyDelete
  49. @Anony 25/9 .
    Sergeant Seamus at Vodafone deals with all Police queries .He is Fraud and Security expert and trained by Fraud unit in VF UK . He reports to FRS team in UK .
    I know Seamus well , he is honest does he job well . He only realises Customer details on production of search warrants only . Thats the truth . stop spreading lies .

    Liga
    thats the truth . So

    ReplyDelete
  50. The Chinese don't need Fijian search warrants to eavesdrop on us, and this regime has no respect for the rule of law.

    ReplyDelete

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