#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Marshall revelations prompt calls for judicial inquiry

Friday, September 21, 2012

Marshall revelations prompt calls for judicial inquiry

The country's main four political parties are calling for a judicial inquiry after the disclosures of the former Court of Appeal judge, William Marshall.

SDL, the Fiji Labour Party, the United Peoples Party and the National Federation Party say Marshall's revelations about the judiciary warrants further investigation.

Marshall made his disclosures on a website  detailing a number of incidents and cases where the illegal attorney general, Aiyaz Sayed Khaiyum, interfered with the judiciary process.

Quote: "Justice Marshall made serious allegations on the Attorney General’s conduct  in relation to abuse of power and interference with the judiciary and individual cases before the Courts.  

"He speaks of a prevailing “climate of fear” in the judiciary and alleges it has been seriously compromised. Justice Marshall claims interference with trial evidence and Court judgments which has rendered the judiciary subservient to the executive arm of the regime."

Marshall's revelations were sent as a petition to the illegal prime minister, Voreqe Bainimarama and the Military Council, accompanied by  supporting documents.

He provides case profiles of what he says  were fabrication of evidence, false allegations and intimidation of judges and other officials during his two year tenure.

Marshall was President of the Fiji Court of Appeal for two years and left in June when his contract was not renewed, sending his petition soon after.

In his petition, he calls on Bainimarama to 'forthwith dismiss the Attorney General and his agents or beneficiaries of cultural nepotism practised by him.'

He also urges the regime to retire the Chief Justice, the (then) Chief Registrar (Irani Arachchi) to be dismissed and the appointments of all Sri Lankan judges in the Court of Appeal and the Supreme Court to be terminated.

In the statement the four parties cites Marshall as alleging: 

“…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.”   

SDL, FLP, UPP and NFP say the allegations of interference by Khaiyum are not new and have been previously made by sacked Sri Lankan judges, magistrates and lawyers after their departure from Fiji.

"Last year, a report by the Law Society of England Charity Chair, Nigel Dodds who had visited Fiji in November 2011, spoke of the compromised state of the Fiji judiciary and the lack of transparency in the legal system.

"The Marshall petition is now in the public domain. The charges it makes are damning and strike at the very foundation of our judicial and legal systems. Coming from a top ranking judge, there is little doubt that it has tarnished the reputation of the judiciary."

But the parties stop short of completely denouncing Khaiyum saying: "By no means are we saying or suggesting that the charges and allegations are true but that can only be established by an independent investigation. And this must be done to restore public confidence in our legal and judicial systems.

"We urge the President to commission an independent judicial inquiry into the claims made by Justice Marshall.

"The Attorney General must step down from office to allow a free hand into the inquiry. Until this happens and the air is cleared, people here and abroad will continue to speculate about the state of our judiciary."

Coming up: Marshall's disclosures about former judge, Inoke Sosefo, and Sosefo's rebuttal.


Mohammed Ayikub said...

The judiciary is independent of AG. Marshall is a loser.

Anonymous said...

Frank and President wont sack Khaiyum.
They are all buddies.
Fijian need to wake up and arrest the illegal regime.
Fijians have done that in the past .
Trade Union and Church have the power to bring the regime down.
United we stand divided we fall.

Anonymous said...

It is critical for Bainimarama's integrity and authenticity to act vigorously on William Marshall's disclosures and the nation and her peoples let alone the political parties require him to do so. This revelation has been made known to the whole world.

There is no where to hide because the incidents and cases of abuse where the judiciary process has been interfered with by AG Khaiyum have been highlighted on world wide web (www). The legal system has been seriously compromised and innocent citizens have been vicxtimised along the way.

How can one single person in Khaiyum singlehandedly make the judiciary be subservient to him alone?



Anonymous said...

Call for judicial interference allegations against Fiji AG to be investigated

Posted at 21:17 on 21 September, 2012 UTC

Four political parties in Fiji say they are shocked by the statement from a former court of appeal judge about Fiji’s Attorney-General, Aiyaz Sayed-Khaiyum.

Justice William Marshall called on Fiji’s Prime Minister to dismiss Mr Sayed-Khaiyum for interference with the judiciary and what he called ’cultural nepotism’ for having close ties with other judges such as Justice Nazhat Shameem.

A joint statement from the SDL Party, the United People’s Party, the Fiji Labour Party and the National Federation Party says allegations of interference are not new.

Alex Perrottet reports.

“The statement signed by leaders of the four parties says Justice Marshall’s calls echo those of England Charity Chair Nigel Dodds last year, who said Fiji’s judiciary was compromised and the whole legal system lacked transparency. The leaders say they are not asserting all the allegations are true, but an independent investigation is required, in order to restore public confidence. They say Mr Sayed-Khaiyum should step down from office to allow the inquiry complete access. The statement follows calls last week from the Labour Party for the Prime Minister to step down to make way for a caretaker Government. This is Alex Perrottet.”


News Content © Radio New Zealand International
PO Box 123, Wellington, New Zealand

Anonymous said...

Why Has the UN’s ILO Been Kicked Out of an Island Paradise?

Posted: 22/09/2012


There’s trouble in paradise. The military regime that currently runs the small South Pacific island of Fiji this week added to its pariah status by ‘asking’ a delegation from the UN’s workplace agency (the International Labour Organisation, or ILO) to leave the country.

It was politely phrased, but the ILO itself recognised that what it calls a ‘contact mission’ had been ‘aborted’. It is further evidence that Prime Minister Frank Bainimarama, and his shadowy Attorney General and Lord-High-Everything-Else Aiyaz Sayed-Khaiyum, can’t stand any criticism or opposition to the dictatorial rule which has, as a by-product, trashed the island’s economy.

The ILO mission was led by world-renowned Sierra Leonean Judge Karoma, who sits on the International Court of Justice. He and his colleagues were in Fiji to find out more about the abuse of fundamental workers’ rights – the right to join a union and bargain with your employer – which its own Committee of Experts (eminent jurists all) had determined the Fijian regime was breaching.

They aren’t the only fundamental human rights the Fijian regime ignores. Even the Methodists (the largest religious group on the island) aren’t allowed to meet without specific permission from the regime. Freedom of speech and freedom of assembly are almost non-existent, and a leading Hong Kong advocate has recently alleged that the independence of the judiciary has been stolen from the Fijian people.

Trade unionists have seen their right to bargain collectively gradually rolled up sector by sector under the Essential Industries Decree, and their rights have been removed entirely in the sugar mills that are the key industry in Fiji. Worse still are the frequent beatings and arbitrary arrests meted out by the police and the army. Union leaders are denied the right to travel because the regime doesn’t want them spreading the truth abroad, and if they do get out, they are often arrested on trumped up charges on their return.

The ILO is not the only international organisation at loggerheads with the regime. Fiji is suspended from the Commonwealth and by the Pacific Islands Forum. The European Union has suspended several aid programmes and is likely to renew their suspension next Monday. Britain’s Foreign and Commonwealth Office has this year added Fiji to the list of countries at risk in its Annual Human Rights Report.

The TUC is working with international trade unionists, as well as colleagues in Australia and New Zealand where Fijians often find refuge, to help the Fijian trade union movement maintain its independence, retain its capacity to help working people tackle the twin challenges of dictatorship and poverty.

What Fijian trade unionists want most is for people to know what is really going on in Fiji, which is why the TUC will be leafleting spectators at this November’s rugby matches at Twickenham and Gloucester (and our colleagues in the Irish Congress of Trade Unions will be doing the same in Limerick). It’s said that the Fijian Prime Minister’s main concern about Fiji’s suspension from the Commonwealth was the resultant ban from the Commonwealth Games in India in 2010, and he will be similarly ostracised from the Edinburgh Games in 2014 unless democracy is restored.

His promise to do just that is now in even more serious doubt, thanks to the clumsy expulsion of the ILO mission.

Anonymous said...

A permanent stay application will be filed by the counsels of former Prime Minister Mahendra Chaudhry.

Chaudhry faces three charges related to violation of tax laws.

In court today, Chaudhry’s lawyer Rajendra Chaudhry said the application is based on a petition by former President of the Court of Appeal Justice Willliam Marshall.

He said the petition has been given to the military counsel and the Prime Minister two days ago.

Chaudhry said the petition stated that the Attorney General was interfering in court processes and targeted political situations.

He said QC Peter Williams instructed him to to apply for a permanent stay based on the petition.

Judge Justice Paul Madigan gave the defence 28 days to file an application for permanent stay.

Chaudhry says he will seek further instruction from Williams who is in New Zealand.

The matter has been adjourned to the 19th of October.

Anonymous said...

Marshall is a bit of a smarmy bastard but too much depth here to be dismissed.

Priscilla Queen of the Desert said...

Too late to help Qarase but the Chaudhry's are primed to for the kill. Typical. MPC was already let off the hook by the regime because it decided the crime was historical (funnily it pressed charges on Qarase even though the 'crime' was alsmost 20 years old). Now father and son or junior and senior likes to call them are trying to use Marshalls petition to wriggle free.

Anonymous said...

I take neither side but Marshall is wrong to accuse Qarase of the countries economic mismanagement. The facts are clear - it did well under him. Is Marshall an economist? On what does he base his comments on Qarase?

Anonymous said...

These revelations keep surfacing but nothing changes and that's because Bainimarama and Khaiyum are hand in glove. They have to be remain in power. Both probably fear the other's power and there may come a time when one tries to usurup the other or ditch him because he can do it without repercussions. It's my bet Bai has been trying to reinvent himself a sa credible politician to leave his dirty past him so he will either go for the 2012 elections with a new party and get voted in legitimately or carry out another coup and elevate himself to president.

Anonymous said...

Alex, I concur with your comments save for that Fijian staff being replaced by Indians, that is not true rather replaced by muslims who are either relatives of temporary AG or his ground muslim spies. Muslims neither are not Indians nor do they regard themselves as Indians. Khaiyum has packed the regime adminstration with muslims and this is unprecendented in Fiji's history. Muslims have been demanding seperate representation in Fiji since 1920 on the grounds that they are not Indians. Khaiyum at last has effectively achieved that and of course by enriching Bhaini so much that dare will Baini go agaist him.

Faizal Ali said...

The Fijji Economy is progressing well- Republic of China Representative.

The People's Republic of China understands how life in Fiji is improving, and investing in programs to grow the Fijian economy said the Prime Minister, Commodore Voreqe Bainimarama.

Commodore Bainimarama said that China is a good friend of Fiji and both nations share the view that relations between states must be mutually respectful and based on equality, and China has long upheld that principle in practice.

While welcoming the Chairman of the Standing Committee of the National People’s Congress of the Peoples Republic of China, Wu Bangguo today, Bainimarama highlighted that when he went to China in June, great interest was shown in Fiji by the Chinese Government and potential investors.

He said that, that interest is now turning into action with the signing off of three agreements.

The first agreement, Fiji's Nabouwalu Dreketi road upgrading project sees more than $200million being received by Fiji.

Fiji and China have also signed agreements on Economic and Technical Cooperation and a Framework Agreement on the Provision of Concessional loan.

Bainimarama said that by developing cordial and mutually respectful relations with many nations, Fiji becomes stronger and less reliant on a handful of partners.

During the welcome ceremony this morning at the Sheraton Fiji, through an interpreter Bangguo said they appreciate the traditional cultural greeting but more importantly the friendly sentiment of the Prime Minister and the Fijian people towards the Chinese people.

Bagguo added that he sees the whole country is prosperous and thriving under the leadership of the Prime Minister.

Matai T said...

What do Graham Davis gotta say now?

I am waiting for his fecal comments and his defending articles for his fascist leader and feeder; khaiyum and bainimarama.

Haven't seen his pro-regime shitty articles on his GrubSHIT or the Fiji Sun, recently , after some truth bashing by our bloggers.

/Matai T/

Anonymous said...

Chaudhry's stay of proceedings case has been set down for October 19. Interesting that the courts have accepted it. Let's watch for the outcome because if he succeeds there must be a case for an appeal or a challenege for the Qarase conviction. Is Tupou Draunidalo listening and thinking on this???

Anonymous said...

We are ready to defend ourselves-Ali

Publish date/time: 22/09/2012 [09:19]

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“We are ready to defend ourselves”.

That is the comment of Industry and Trade Permanent Secretary Shaheen Ali who confirmed that government is looking forward to justify to the United States Government why Fiji should continue benefitting from the US Generalized System of Preferences Scheme.

Ali said they are planning to engage in a bilateral dialogue process.

Ali said on 2nd October they will be attending a public hearing to give further written submissions and have more dialogues in this regard.

There is an audio file attached to this story. Please login to listen.

While highlighting that 39 Fijian companies and 15,000 jobs will be lost if Fiji is removed from the scheme Ali said unions should be fully responsible for their actions.

There is an audio file attached to this story. Please login to listen.

However, Fiji Trades Union Congress National Secretary Felix Anthony highlighted that the government is in a position to prevent Fiji's withdrawal from the GSP scheme.

He said certain decrees imposed by government have violated workers and Trade Union rights.

There is an audio file attached to this story. Please login to listen.

The US Trade Representative in Washington DC announcement in June that Fiji together with Iraq would be listed for General System of Preferences (GSP) hearings to examine whether the GSP for exports from Fiji should be withdrawn.

Ali has stated that the Fiji Trade Union Congress (FTUC) and other unions want to stop Fiji from benefitting from the US GSP Scheme which allows duty free excess into the US imports from developing countries.

Story by: Ronal Deo, Sofaia Koroitanoa and William

Anonymous said...

The economy did ok under Qarase...this achieved by something called 'quantative easing", debt, yep debt went from $2billion to $5billion.

$3billion in 5 years with a good free for all attitude will do it nicely.

How much the debt is being pushed along by PM, who knows.

At least his debt is for roads, not civil servant pay rise after pay rise.

Either way we are farked, you can't eat a road.

Anonymous said...

Marshall was too high a figure in Fiji's corrupted judiciary -- and his charges too serious -- to ignore.

Bainimarama knows best said...

If jerico doesn't happen then great. PM Bainimarama will be President for Life or King of Viti. We don't need elections.

If Jerico does happen, and happen big, then the Sun should publish a photo the next day showing Ratu Epeli Nailatikau celebrating Fiji along with everybody else.

So, what? That's all Jerico is supposed to be about, right? Just celebrating Fiji?

Anonymous said...

Only in Fiji.

Anonymous said...

This is a time for everyone to get behind Jericho including trade unions, political parties, churches, ngos, youth groups and individual citizens. No invitation needed let's just use our common sense and make noise as has been suggested by Daquwaqa. A mere few minutes of noise will represent a major victory.

Kamlesh Kumar said...

Those you support Marshall have to accept what he said about economic management under Qarase. "Qarase Government bankrupted the country". Rajesh Singh you are part of it. 30 cabinet ministers-What a laugh? Baini has only 13 ministers. It has not yet been proven by you nationalists that he is getting $750,000.00 in salary. We the supporters of the regime hard evidence.

Anonymous said...

Kamelesh - point taken but how much is your PM getting if not $750k? and why is that being paid by mausi Nur Bano?

Anonymous said...

Marshall was agood judge.--man of integrity.Cannot say the same of the present lot.

Anonymous said...

Khaiyum is the de facto PM !

Anonymous said...

Who is the stupid one out of us, when my brother took my pencil I blamed my cousin who was bit further in blood. When he took my wife, I blamed my wife, she was not my blood, when he took everything I realized he wasn't my brother but from the neighborhood. I cant understand the fight between Muslims and Christians you are the same, who is the step son is to be established latter but search on the internet of the first religion and keep quit.

Anonymous said...

Is it just me, or doesn't it seem as if everything is coming to a head in Fiji right now? The regime kicking out the ILO delegation, the escapees, Judge Marshall's damning allegations about Khaiyum, the Chaudhrys taking advantage of the allegations, etc.

In a real government, Khaiyum would now be investigated, dismissed and prosecuted, but this is the New Fiji.

Now it's time to cue Yash Ghai, Stage Left. It's time he gave up the charade and had it out publically with the regime. After all, the regime hasn't rescinded its unacceptable decrees, and Ghai can't possibly help engineer a legitimate-like constitutional process so long as those decrees stand. this is a good time for Ghai to go.

All just in time for Operation Jericho. Almost like clockwork. Dakuwaqa's timing isn't half bad.

Anonymous said...

immediate suspension of illegal AG taliban and an independant commision of enquiry with poiwers to prosecute for crimal acts of abuse of power and abuse of office.

Who elected kauim is he GOD of the fijians?

Anonymous said...

Lets get real! first off who the hell hired this Marshall Dude?Hello,the regime is an illegal treasonous operation?
Whats the matter, didn't you check their bsckground, before applying for the job? Was this the only job that you
can get at the time? Hello, you're
coming to Fiji to work for a dictatorial Government? As a Judge
or lawyer what the frieken hell were you thinking?
How's the frieken job working for you?

Anonymous said...

SDL /FLP Govt was doing better than the Regime.
Our economy was growing and debt level was less than 2 billion .
regime debt level is 5 billion.
Road contract cost less than 1 million in 2006 .
now the cost 3 million plus.
sugar production and export has gone down and fsc needs more millions for upgrade.
minister salary was paid by ministry of finance,
regime salary paid by nur bano.why?
we had freedom of speech and democracy and free judicial system.-now control by ASK.
kamlesh suck up to the regime hahaha.
god bless fiji

Anonymous said...

September 23, 2012 3:17 AM In reply:

Maybe Marshall thought he could bring independence to the judiciary. Seems he was mistaken.

Anonymous said...

This interference by Khaiyum was a known fact. The report by Justice Marshall just confirmed what has been known widely in Fiji.

Khaiyum has been poking his nose and effectively influenced all important Judgements in Fiji Courts since 2006.

You just have to see the illegal decrees that he has been churning out. Always with the proviso that nobody can challenge these decrees i a Court of Law in Fiji! What else???

But a Commission of Inquiry into these facts???? Hmmmmmmmmmmmmm...

Anonymous said...

@ 21st Sept
I am a former DPP's officer now living in Australia . My information is the nazhat is not related to AG and I am sure about that . And I was in the panel which recruited Aiyaz together with other senior DPP's officers.
So Judge Marshall has got his information all messed up. It may well be he is mouthing someones propaganda . Its unjudical of Judge marshall to take such position . He has exposed himself and his intergrity is now questionable !!.

Anonymous said...

No one can dispute that the judiciaryy in Fiji is corrupt after all it was established by an illegal and corrupt regime.

Anonymous said...

Kamlesh kumar is a gay. He loves men than women, no wonder he looks at things from a different perspective than ordinary people.

You can't deny you are gay Kamlesh. We know you!!!!!!

Hillary said...

Marshall has outed himself as a complete moron twice: The first time when he decided to work for Bainimarama, the moron in chief. The second time when he submitted his petition to the moron in chief.

Anonymous said...

Sdl cabinet a joke. Rajesh Singh went to LDS Tamavua as he failed 4th Form. Not tell me, 4th Form failure being in cabinet. Just shows how south we as a country were going.

Khaiyum busted said...

Anon@2.44 Stop wasting our time... there are more pressing issues than Rajesh Singh who always get the bash here. Put it back on track and the real pretender that needs to be busted and that's Khaiyum. Anyone who keeps trying to sidetrack us, stop wating our bluddy time.

Khaiyum busted said...

Anon@2.44 Stop wasting our time... there are more pressing issues than Rajesh Singh who always get the bash here. Put it back on track and the real pretender that needs to be busted and that's Khaiyum. Anyone who keeps trying to sidetrack us, stop wating our bluddy time.

Anonymous said...

We desperately need to get rid of Bainimarama as the first step to Fiji's revival. It stands to reason that whoever is most effective at mobilising support for Operation Jericho will also be most effective at toppling the regime. Whichever party, whichever church, whichever chief, whichever whatever -- that's who will deserve our support.  

Anonymous said...

Anonymous@2.44, stop wasting our tiime with Rajesh Singh. BTW some of the greatest leaders never went to Uni.

Anonymous said...

This revelation should not come as a surprise as the military succeded in doing the same for their Court Martial in the events of 2000. They hand picked their Judge Advocate to agree with their specially picked Assessors. They manipulated the proceedings; doctored evidence, coach witnesses and predetermine the judgement.

Graham Leung was removed then as a judge advocate after only a single Court Martial because he found a few suspect innocent and discharge them. The military did not like it and removed him from their Kangaroo Court.

Anonymous said...

The problem with Marshall petition is he should have just kept it to the bare minimum, citing instances of abuse of office etc on the part of Khaiyum and others; instead he has exposed his blinkered vision of Fiji that he had come to serve and was hoping to die on Fijian soil - in some ways Khaiyum did us a favour by kicking this man out of Fiji, if he did so. Marshall has the gall to suggest that the former Director of Inhuman Rights Commission should be the new A-G - God help from this new proposed A-G (Arsehole Goddess) and coup supporter - responsible for so many crimes against the people of Fiji. That is where Marshall has gone wrong - he should have just focused on the corruption in judiciary

Anonymous said...




Anonymous said...

Why is Marshall opening his mouth now? Why didn't he go and see the PM or President earlier?

Would he have spoken had his contract been renewed or extended?

As for MPC, he is trying to save himself. What has Rajend to say when he won his case against Ficac last month. Anyway, MPC has already confessed about having money deposited in Aust. Any court will send him to the 7 star hotel in naboro.

Vutuki Thakur said...


Anonymous said...

Quite so, Shaista Shameem as AG is a repugnant thought. For that matter, anything connected to Shaista Shameem is repugnant to me.

Anonymous said...

All of these corruptions, illegal, unjustified and inhuman acts by this illegal regime justify that "Operation Jericho", be implemented with exactness.

Counting down now! Just several hours to go!

Bainimarama, who has become Khaiyum's slave, is unable to do anything now to discipline Khaiyum. He (Bai) has become just an 'old fart', so they say.

Anonymous said...

Agree. Marshall revealed his naivety and ignorance by believing that the evil Shameem sisters are any better than Khaiyum. They are tarred with the same brush. In fact the Shameem who is a Judge is the real mastermind behind everything, including creating Khaiyum and making him believe that he could do what he did. She is the puppet master. Perhaps she may now wish to distance herself now that his credibility is in question, even amongst his supporters. She is a master at re-inventing herself. Shaista unfortunately is not so clever as her younger sister.

Anonymous said...

Justice Marshall had integrity. If he speaks out, he must be correct. Big bum A.G. Khaiyum is a gay and good for nothing maglomaniac bomb maker of no substance.Hope his kidney fails then Fiji will breathe a sigh of relief. His rightful place is not as A.G. but in prison possibly in ICC in Hague. He has ruined the lives of all in Fiji but for himself made millions. When is next big earth quake? Can it be in Fiji and in Suva in particular?