#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Sri Lankan judge unpicks appeal cases

Wednesday, May 29, 2013

Sri Lankan judge unpicks appeal cases

A  couple of judgements by the Fiji Court of Appeal in recent months that have gone unnoticed and unreported - and which cast more doubt on the calibre of judges.

Anthony Gates: Decree challenged
They also call into question the operations of the Fiji Judicial system under the 2009 State Services Decree.

Under this decree, and at a time when the judiciary had fewer judges, High Court judges were allowed to hear appeal cases on their own.

A series of judgements by the Sri Lankan Judge, Justice Suresh Chandra, who joined the Fiji legal fraternity last year, now says the practice is wrong.

Chandra: New ruling
Chandra has ruled that “A single Judge of the Court of Appeal has no jurisdiction to decide on an application to withdraw an appeal. In terms of Rule 39 of the Court of Appeal Rules the single Judge should direct the application for withdrawal to be made before the Full Court.”

Chandra has applied the ruling to the following judgements: 

12th December 2012 CRIMINAL APPEAL NO.AAU0108 OF 2010 [High Court Criminal Action No. HAA 48 of 2008

12th April 2013 CRIMINAL APPEAL NO.AAU0053 OF 2010
[High Court Criminal Action No.HAC 81 of 2010]

18th April 2013 CRIMINAL APPEAL NO.AAU0042 OF 2011
[High Court Criminal Action No. HAC 24 of 2011]

8th May 2013 CRIMINAL APPEAL NO. AAU0106 OF 2010
High Court Criminal Action No. HAC 155 of 2010

8th May 2013 CRIMINAL APPEAL NO.AAU0002 OF 2011
High Court Criminal Action No. HAC 127 of 2009

In what is a complete waste of time and resources and quite typical of Fiji judiciary Anthony Gates style, these cases now have to go to the full bench of the Court of Appeal for another hearing.

Editor's Note: Suva High Court assessors have meanwhile declared former Post Fiji managing director, Tevita Peni Mau, and former general manager finance, Dhirendra Pratap, not guilty of abuse of office charges. The charges were brought by the Fiji Independent Commission Against Corruption. See the Fiji Times story for the decision and the 'traumatic' seven years Mau endured before 'justice' was finally served.



Anonymous said...

....only in Fiji!!!!.



Anonymous said...

It is encouraging to see some independence creeping back into the judiciary. 10 out of 10 for Justice Chandra. If he is now sent home in disgrace then we will know for certain of interference in the judiciary. If not then a few plaudits for Gates and the AG. "Hope rests eternal ......"

Anonymous said...

gates has made a mockery of the legal system.he is a treasonous gay guy who needs to be locked up at naboro.though he would enjoy that.better put to the womens prison.him and his cronies need to be hanged

Anonymous said...

We already know for certain of the regime's interference with the judiciary. That's now indisputable.

This is just the tip of the iceberg. Virtually every case tried by this illegal regime will need to be readjudicated once the Loyal Fiji Resistance restores democracy to Fiji.


Hang the junta judges said...

These junta judges, particularly the treasonous gates, should hang for their rape of the rule of law in Fiji under the human rights abusing regime they are part of.

Shaista Shameem said...

Hey you guyz are becoming Judges yourself eh

Anonymous said...

Everyone in Fiji is a judge..even the stray dogs!

Shaista Shameem said...

ahh shall I make an application as well?

Coup 4.5 said...

With regards to the opinion piece 'Choosing a lawyer' by the Consumer Council of Fiji in the Fiji Times (27/5) I should like to point out that one can have the best lawyer in the world but if you are up against a compromised court you'd still get screwed - instead of getting the "prompt and efficient service" the Council CEO talks about over optimistically.
I know this from my very direct experience in Fiji's judicial system.
I of course am not the only one to have experienced Fiji's "independent" judiciary.
rajend naidu

Anonymous said...

This was on the ex blackboard travel page!

Air Pacific has always been a pretty good airline on which fly to Fiji and around the Pacific, with the key part of the experience being that the crew exudes Fiji before you even get there, making a great flight, but the aircraft were always a tad dated, with limited facilities and the food was pretty average, well at least in economy.

Well that began changing in May with the arrival of Air Pacific changing its name to Fiji Airways with brand new logos and colour ways and most importantly brand new aircraft to replace the carrier’s ageing 747-400’s, with the first of Fiji Airways’ A330-200’s commencing services recently including to Brisbane in May and the second A330 aircraft arriving in Fiji last week.

This is a real game changer for Air Pacific with the transition to Fiji Airways said to be launched in June.

Anonymous said...

Flight rating

3.5 planes out of 5 – the only reason not more is because the food is still pretty average on both the A330-200 and the 737-800 and while the 737-800 is the first 737 with the new livery and seats, the in flight entertainment needs some attention.

Luggage allowance

Luggage restrictions of 23kgs per bag in economy are applied strictly when boarding which is operated by Menzies in Brisbane. The Menzies people are pretty lacklustre, unless you can find one of the few pleasant senior check in staff as we did with Jenna who was great, but the supervisor Rebecca didn’t really care and was very brusque with us and other passengers.

Any excess in checked baggage has to be paid for at $15 per kg or be removed from the bag, with the same remove the excess rule applied to carry on over the 7kg limit and they do not care what you do with either!


Check in overall is very average and the Menzies staff generally poor, except for Jenna as above, with the check in not reflecting the quality of Air Pacific soon to be Fiji Airways staff on board or the company.

Cabin/seat conditions

The economy cabin on the A330-200 is very smart, light and modern, in a 2/4/2 configuration, with an up to date comprehensive Panasonic on demand audio/video, games, communications and applications system that is available in both Economy and Business Class, although in economy, they still charge $10 for movie, but I am told that is going in June. Each seat also has a USB and power outlet for computers, iPads, iPods, tablet, etc.

The business cabin is in a 2/2 configuration offering a very high standard of business class travel, never before available to and from Fiji.

While the 737-800 in 3/3 configuration in economy and 2/2 in business has had new seat covers to reflect the new livery, they are nothing like the A300-200’s seats, with the in flight entertainment on the 737, consisting of one movie on drop down screens of varying quality and colour, needing some attention and also my audio did not work.

Onboard catering

The food along with drinks is included in the ticket, but in economy it lags far behind the brand, name and livery change, with the outward A330 economy flight offering an egg wrap – very strange and the 737-800 return a very interesting hot chicken and rice or tuna sandwich – I am also told the food is changing in June and I hope so, as it lets the airline and Fiji down badly.

Cabin staff service

The crew more than make up for any issues as they are fabulous happy, smiling Fijians, nothing is too much trouble and while they are not the most efficient in the sky, they work hard and are the friendliest, making you feel you are in Fiji when you board!

e-Travel Blackboard Tip

Try and fly to Fiji on services that utilise the A330-200’s, great aircraft with the second aircraft beginning operations to Sydney and other locations including Los Angeles on June 3.

If not then please remember that this is the national carrier for a very small Pacific nation, which punches well above its weight and does a really great job – much of it because the crews are simply awesome.

Oh and remember to say BULA, when you board!

e-Travel Blackboard’s John Alwyn-Jones travelled as a guest of Air Pacific – soon to be Fiji Airways - to attend this year's Bula Fiji Tourism Exchange as exclusive travel media

Tama said...

What a kangaroo court system we have in Fiji

VITI FALA said...

• Aiaz Sayed Khaiyum
• Aslam Khan,
• Iqbal Janiff,
• Nazhat Shameem
• Shaista Shameem,
• Nur Bano,
• Nashad Ali (CEO AFL),
• Abdul Khan(FSC),
• Mohammed Aziz,
• Faiaz Ali,
• Mohammed Saneen,
• Saheen Ali,
• Razim Buksh (RBF)
• Nouzab Fareed (FHL CEO)
• Faiaz Khan (Tropic Woods CEO)
• Shiraz Ali, ( FEA manager)
• Riaz Ali (FNU),
• Nizam U Dean,
• Afzal Khan,
• Hafix Khan,
• Anwar Khan,
• Ali Jan,
• Bahadur Ali,
• Lainuni Khan,
• Shaneze Voss,
• Shane Hussien,
• Riaz Khaiyum (FBC CEO),
• Robert Khan,
• Rahmat Ali,
• Gulam Mohammed,

Anonymous said...

Good luck to Qarase today

Moses Cakobau said...

Mau and Pratap should counter claim for damages

Anonymous said...

mata vakai lavo

Anonymous said...

What is the good luck for Qarase today for?

THe Judge got it wrong said...

sorry folks but this judge is wrong!!
in fact the judge himself had no power to make the orders that he made. he could not refuse the application to withdraw the appeal.
he was required to adjourn the case for the appellants to file the necessary forms. there is no requirement for any hearing.
what a joke.
shows the calibre of most sri Lankan judges.

Judgment Stands said...

sorry dakuwaqa, but there is a rule of law which says that the judges decision stands despite his/her defective appointment...so there you go. you are stuck with it.
the only way to undo all this is by legislation passed by an elected parliament in the future...but that may not be politically wise.

Anonymous said...

Notice the Shrilankans eyes....arent they like Franks..?

Anonymous said...

Dear "Judgment Stands", although it's true that the power and authority of a judicial officer and the validity of his office cannot be collaterally attacked in a criminal proceeding, it can be challenged in an original action in quo warranto to determine whether the judge had a valid title to his office. That challenge is not reviewable on appeal from an adverse judgment rendered in the criminal proceeding.

The revolutionary leadership of the Loyal Fijian Resistance endorses Dakuwaqa's call for a Truth & Reconciliation Commission. The powers and scope of a Truth & Reconciliation Commission should be defined in legislation enacted by a free parliament. In the meanwhile, we adjudge the independence of Fiji's current judiciary to be thoroughly compromised and its rulings vulnerable to later challenge.

Our Free Fiji movement is open to all people of conscience. We will also admit lawyers.

Just teasing you. In fact, we welcome lawyers.

We especially seek volunteers with security service experience, financial backgrounds, and/or strong communication skills. But all who genuinely care about and are loyal to Fiji are welcome to join our cause.

Whatever your age, race, religion, creed, party affiliation, or gender preference, if you care about Fiji, won't you consider enlisting in the cause of defending Fiji?


Judgment Stands said...

im with you Dakuwaqa.
How do we know that you are not one of the army goons trying to lure unsuspecting opponents? ... cos you "especially seek volunteers with security service experience".
Just teasing but seriously.
Agree with you on the truth and reconciliation commission. We've been calling for that since 1987 so it is not likely to happen at anytime not even soon I suspect.
Be happy to join yea.

Anonymous said...

Yahoo! shut down Dakuwaqa's email service without much explanation, perhaps for threatening the illegal regime in Suva.

Coup 4.5 knew the validity of this Yahoo! email address.

The current Hushmail account allows for encryption and thus greater operational security.

For the record, the Loyal Fijian Resistance prefers peaceful change through methods of nonviolence and non-cooperation. Nonetheless, we do reserve the right to employ forceful tactics against those who would use violence to suppress our liberties.

Read more at Dakuwaqa@Hushmail.com.

Anonymous said...

Peni Mau, it aint over yet tamana..!!
word is Khaiyum is furious about your release and that he wants you back in prison asap.

Anonymous said...

@annon 6:29am....they might even kill him !!! make it look like an accident
or heart attack... you know, after all they`ve killed so many people already.

100% said...

yea it spoils the FICAC 100% success rate of prosecutions.
only in Fiji can you have a 100% success rate; no where else in the world..not even Zimbabwee;
just shows how weak kneed the judiciary is...bow to the powers that be always.

the walking dead said...

no they wont kill the judge...he is the walking dead like the rest of the judiciary.

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