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."

Regime blame game fooling no one

ILO CHIEF: Juan Somavia

Goobledygook from the regime over its decision to send the ILO delegation packing.

It claims the three member team led by Sierra Leone judge, Abdul Koroma, was not 'ejected, expelled, deported or forced to depart Fiji in any way'.

In a statement released yesterday that rattles on rather obliquely about 'terms of references', the regime insists it has a 'policy of openness and transparency to outside scrutiny by organizations such as the ILO and it welcomes such visits as long as they are conducted by an independent delegation with no predetermined outcomes and a focused agenda'.

It then proceeds to invite the delegation back, pretty much on its own terms.

The regime was clearly playing a rather dangerous game which has backfired, and is now spin doctoring to make out once again it has been misjudged.

The Fiji Trades Union Congress has called it right.

The national secretary, Felix Anthony, says: "If the regime as the AG claims is doing the right thing and respecting workers’ rights, it should have no difficulty in defending its position at the US Trade Hearings or at ILO. One asks, why is the AG talking about loss of jobs as a result of the US Trade Hearings if he is confident of the regime doing the right thing?

"Clearly the AG is convinced that his “cock and bull” story on labour rights is not going to be palatable to the international community. The AG has demonstrated his lack of understanding and knowledge on International Labour Rights Issues and is taking his brief from the authors of the ENI Decree which breaks every rule in the book on labour rights.

"Today we have in Fiji more workers unemployed and underemployed than ever in our history. Today we have more people living in poverty than we ever had before. An indictment on the current regime. These are some of the real issues that the AG should be addressing instead of name calling and blaming others."

The director-general of the ILO, Juan Somavia, has also denounced the regime's action saying it  will fuel international solidarity with FTUC and the Fijian Teachers Association, and highlight the critical situation of freedom of association in Fiji.

And in a rare occasion, the Australian government has shown open support for FTUC, following a call from the Australian union, ACTU, to tackle the regime about aborting the ILO mission.

A statement under the heading 'Australia expresses concern over ILO team’s departure from Fiji', from the Department of Foreign Affairs an Trade is brief but clear.

The Australian Government has today expressed concern to the interim Fiji Government over the departure this morning of an International Labour Organisation (ILO) team from Fiji following a dispute over the terms of reference for the ILO’s fact finding mission.

Australia’s acting High Commissioner to Suva has met with Fiji Government officials in relation to the ILO mission and to reinforce concerns generally about labour and human rights in Fiji.

The ILO’s mission to Fiji was seen by the international community as a step toward improving and upholding workers’ rights.

It is regrettable that the ILO’s mission has not proceeded.

The Australian Government calls on the Fiji Government to work with the ILO to agree to terms of reference so that the organisation can return to do its job.

The ILO mission was being undertaken in response to complaints made by Fiji trade unions and on the basis of agreed terms of reference with the Fiji authorities.

Fijian soldier gives birth in Afghanistan stunning officials

A British Army soldier from Fiji who did not know she was pregnant has given birth on the frontline.

The woman had a son in Camp Bastion on Tuesday – just days after the Taliban launched a deadly attack on the UK's main base in Helmand.

The baby was born five weeks premature but mother and child are said to be doing well.

A paediatric team from the John Radcliffe Hospital in Oxford will travel to Afghanistan in the next few days to provide care for the soldier and her son on their RAF flight home.

The birth has stunned military chiefs and led to calls for extra medical checks on women who are sent to the warzone.

Former Fiji judge: Khaiyum conspired against three accused

Vengeful against Australian citizens: Khaiyum

In our second story on the petition by the former Appeal Court judge, William Marshall, we focus again on the illegal behaviour of the regime appointed attorney general, Aiyaz Sayed Khaiyum.

Marshall reveals that Khaiyum was behind the relentless drive by prosecutors to frame four men (one of whom was an Australian citizen) for the murder of 26 year old James Shankaran in Nausori in 2010.
The original decision was later overturned by Marshall, who caught the blunt end of Khaiyum's vindictive nature. 
Marshall also reveals Khaiyum 'conspired' against a second Australian citizen, Simon Mccartney, who was later sentenced to 18 years for the death of his wife and a third person, Suva lawyer Rajendra Chaudhry.
Chaudhry was cited in a story broken by Coupfourpointfive involving the Indian national and drug smuggler, Muskan Balaggan.
In his revelations, Marshall confirms what we've known for some time: that Sri Lankan magistrates and judges are at the beck and call of the illegal attorney general.

These excertps from Marshall's petition to Voreqe Bainimarama calling for the dismissal of Khaiyum, were found at page 120 through to 131:

Simon Mccartney

249. The law is that only the Attorney General has the power to issue a nolle prosequi.  So the Attorney General by necessary implication was at the centre of the conspiracy which is disclosed in the following documents.  I produce as Document No. 78 a report about the nolle prosequi being entered at Suva Magistrates Court on 6th November 2007 from the Fiji Times of 7th November 2007 headed : “Macartney walks free.”

Particularly chilling is the following passage:-

“The Office of the Director of Public Prosecutions confirmed in a statement that Mr Macartney would be recharged once new evidence was ready.

“We will consider relaying the murder charge after the police have obtained the necessary evidence.”

It said in the statement. The DPP said, “While sensitive to the feelings of the victim’s family, it had been compelled to terminate proceedings."

"The decision was made on the grounds that there was insufficient evidence to lay the murder charge.”

No wonder the Magistrate, John Semisi said he was “baffled” that police had charged the suspect despite their investigations being incomplete.  But he did not know that because Macartney was an Australian, the Attorney General was punishing him for the Australian State in removing the Attorney General’s status as an Australian resident.

Permanent Secretary for Planning 'sacked over price fixing' on Dreketi upgrade

Peter Wise second left.

Another key player in the illegal government has fallen from grace.

Tikoduadua signing off Dreketi deal. pic fiji govt blog

Insiders say the Permanent Secretary for the Ministry of Planning, Peter Wise, was sacked two weeks ago for engaging in corrupt activities.

Sources say Wise was dumped over alleged price fixing on the upgrade of the Dreketi to Nabuawolu Road in Vanua Levu.

Expulsion of ILO team typical of regime game playing

Kearney, who tried to visit Fiji last year, and Anthony

Speculation continues this morning over what exactly triggered the regime to order a high level ILO delegation to leave the country.

The fact finding mission arrived four days ago and was supposed to meet with the llegal Prime Minister and other Ministers, including the Chairperson of the Constitution Commission, FTUC and employers before departing Friday.

Helen Kelly (middle) turned back at airport.

But the three-member team led by Abdul Koroma, a judge on the International Court of Justice and a member of the ILO Committee of Experts on Application of Conventions and Recommendations, was told to leave on a flight last night. 

It has been suggested the team alienated the regime somehow but going on past performances, it is typical behaviour of the illegal government: it likes to make out it operates democratically and allows international teams to visit but ultimately sabotages their succes by sending them packing before the mission is completed.

ILO fact finding team ordered out of Fiji

ILO delegation head: Koroma

A high level International Labour Organisation contact group in Fiji on a fact finding mission has been ordered to leave the country.

The delegation was headed by international jurist, Judge Abdul Karoma, a member of the International Court of Justice.

They began their meetings on Monday, starting with union leaders in Suva. 

Unionists from the Fiji Trades Union Congress and the Fiji Islands Council of Trade Union met privately with the delegation.

The ILO fact finding mission was trying to see first hand what the unions grievances were against the regime in relation to recent decrees that curb their powers.

The Essential Services Decree, introduced last year, is the root cause of a fallout between the interim government and unions.

The Fiji Office of the International Labour Organisation had facilitated the trip and arranged all of the meetings.

Coupfourpointfive is trying to establish the exact reason cited for the delegation being asked to leave, but we have been told the ILO Fiji Office received a letter from the regime this morning asking the ILO contact group to immediately stop its work and leave the country.

They have been told to leave tonight on the Hong Kong flight.

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.'

Suspended 'dirty' cops named

Inside moles are claiming a personal victory after the suspension of nine Fiji police officers over alleged corrupt dealings.

Six of those asked to step down from duty while an investigation is underway have been named to Coupfourpointfive as: 

SSP         1207      URAIA TORAU
SSP            679     ERAMI RAIBE
SP            2394     ABDUL KHAN
ACP           239     Henry Brown
SP             389      LUKE NAVELA WAINIU
SP           1204      VINOD LAL

Disillusioned senior police officers outed officers they said were engaging in underhand dealings, demanding the illegal prime minister Frank Bainimarama sack them.