#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Judge violates the ethics of justice while judiciary hierarchy look on

Wednesday, August 30, 2017

Judge violates the ethics of justice while judiciary hierarchy look on

Remember Kamal Kumar? 

He was the judge who famously ruled that the Electoral Commission in August 2014 was wrong to disqualify Parveen Kumar Bala as a candidate from the 2014 General Elections because the announcement was made beyond time. 

One judge doing the right thing: Who is it?
In the same ruling he also said the Supervisor of Elections was 'right' to disregard the ruling, allowing Bala to contest the elections and go on to become a senior minister in Frank Bainimarama's Fiji First Government.

Bala was at the time facing a charge of causing the death of a man in Lautoka in November 2013 due to dangerous driving, while an Administrator of the Lautoka City as well as Ba Town Councils. 

Not surprisingly, when he became a Minister, Bala was acquitted because the magistrate presiding over the trial also ruled the Prosecution could not prove Bala was  the driver of the car.  The magistrate decided Bala's police statement, in which he stated he was driving, was obtained through improper procedures. 

Again not surprisingly, the Office of Director of Public Prosecutions, headed by another regime lackey, Christopher Pryde, decided  not to appeal the ruling. 

Coming back to Kamal Kumar - isn't he now the judge hearing the case instigated by Bala through his cronies (ex-policeman Narsa Reddy and failed school teacher Govind Padiyachi) against TISI Sangam .... after Bala and others were suspended for disrupting a Sangam meeting and holding a rival Sangam AGM in May last year?

Why isn't Kamal Kumar recusing himself or stepping down from presiding over the case, despite the clear conflict of interest?

He knows Bala, yet shamelessly continues to preside over the case despite the Court of Appeal ruling in November last year that his decision to rule against the Electoral Commission's decision to disqualify Bala from the 2014 elections, was wrong.

He also continues to preside over the case despite being the President of the rival DIAS, Dakshina India Andhra Sangam. 

Kamal Kumar should learn from the Sri Lankan Judge who this month recused himself because of an apparent bias in pre-judging those facing trial. 

But Kamal Kumar recklessly continues to  be judge, jury and executioner just because his friend, hiding behind the skirts of Narsa Reddy and Govind Padayachi, is the faceless man challenging for the Sangam leadership. 

This is all too similar to the unforgiveable hit and run in 2013 when he was the faceless driver of the car that hit and killed a man, leaving his family destitute.

The Chief Justice and the Attorney General and Minister for Justice, meanwhile, remain oblivious to the judiciary being turned into a farce.

We ask: are Kamal Kumar and Parveen Bala enforcing the Fiji First Party agenda to take over Sangam and use it for their political gain?

Read the following judgment to find out why the Sri Lankan Judge recused himself from a corruption trial against former PWD workers 


Anonymous said...

Democracy ' Barely Alive '.
This is what the UN human rights chief said was the situation in Venezuela - that democracy was " barely alive " there. And, Venezuela has accused French president Macron of " interference " after his " dictatorship " remark ( CGTN, The World Today 31/08 )..
But the question is why are such prominent international figures describing Venezuela that way ?
When the country's constitution is cynically amended to concentrate power in the hands of the president; when institutions of state such as the National Assembly and the judiciary is compromised; and when opponents of the regime in power ( including the former attorney general) have had to flee the country for fear of political persecution, it's not hard to see why the country is so described.
We are familiar with that description on the basis of our own recent experience via coup number 4.
What is the quality of democracy in today's Fiji ?
Rajend Naidu

Anonymous said...

" Not only must Justice be done; it must also be seen to be done ". How diligently is Justice served in that principled manner in post coup Fiji.? - Chiku.

Anonymous said...

Court Conducting Itself Without Fear Or Favour.
We have an example of that in the ruling by the top court in Guatemala that the president can't expel the UN anti- corruption commissioner
( France 24 Live 31/08 and ' Guatemala's top court rules president can't expel UN investigator ' The China Post 30/08 ).
" ... On Sunday President Morales declared UN special investigator against corruption Ivan Velasquez " persona non grata " and ordered his immediate departure from the Central American country.
Velasquez, a lawyer from Colombia, has led the International Commission Against Impunity in Guatemala ( CICIG ) for several years. Last week the commission opened a corruption investigation against Morales.
Morales' order to expel Velasquez was met with strong criticism both in Guatemala and abroad. Health Minister Hernadaz and other civil servants resigned in protest and Rigoberta Menchu, winner of the Nobel Peace Prize in 1992, strongly condemned the president's move".
The president thought he was above the law as it applied to other citizens when it came to corruption investigation. The court ruling reminds him that everyone is equal before the law and that he can't use the political ploy of declaring an investigator " persona non grata" and ordering his immediate departure to evade the law himself.
The courts in Fiji could draw valuable lessons from the Guatemalan court on how to conduct court business to ensure adherence to the rule of law in delivering justice.
Rajend Naidu

Anonymous said...

How can justice be carried out when the ruling party is subjecting the entire country with intimidation and fear. Those who are currently running our judiciary are basically jerks in sheep's clothing. Ajal Kumar, Pride, et al are simply the face of Fijis' judiciary who are doing the work that the FF party wants. Another soul for 30 pieces of silver.

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Anonymous said...

Remember RAWAN Kamal Kumar?

Anonymous said...

Kenyan Election Verdict
The Supreme Court in Kenya has ruled the recent presidential election won by incumbent Uharu Kenyatta to be invalid and not in conformity with the country's constitution. And has ordered a fresh election to be conducted within the next 60 days ( SBS breaking news 1/09 ).
The court action was instituted by the opposition candidate Raila Odinga who claimed the election was not conducted fairly even though international observers, including former US presidential aspirant Senator John Kerry, had said the election was okay.
Just goes to show the locals have a better grasp of the ground realities when it comes to national elections than fly in international observers who often just go through the motions of observation.
I am sure there is a lesson in here for us as we head to our second post coup election.
Rajend Naidu

Anonymous said...

It happens like this : local political leaders ( the mob in power wanting to remain in power by hook and crook )are able to pull wool over the eyes of the international observer gang because these so called international election monitoring " experts " do not know the local politicians and the kind of Machiavellian mischief they are capable of. They can't fool the local people and especially opponents of the ruling mob. They are often able to see through the veneer of the purportedly " free and fair " democratic elections. - chiku

Anonymous said...

The Noble Profession No More
We read in the Fiji Times ( 2/09 ) that 2480 complaints against lawyers were received by the Independent Legal Services Commission since it was established in 2009.
Many are transgressions of the trust funds. Eleven lawyers have been disbarred with some unable to practice again. I wonder how many more who are still around in the garb of respectability should also be disbarred?
Is the law still a noble profession in coup afflicted Fiji?
Or, has it been hijacked by greedy, unscrupulous scoundrels including the political variety?
Rajend Naidu

Anonymous said...

Lawyers doing the wrong thing to get ahead has become something of a new norm in post coup Fiji. Anyone wants examples ? - chiku

Anonymous said...

How do you think a mediocre lawyer like Aiyaz Sayed Khaiyum has become the Attorney -General, the first legal officer and the Minister for Everything in post coup Fiji?

Anonymous said...

Judges Upholding The Ethics of Justice.
That is what the Kenyan judges did when they ruled the recent Kenyan presidential election to be null and void because of irregularities and non compliance with the constitution.
The incumbent president Uhuru Kenyetta who was declared the winner said he did not agree with the judges decision but respected it. That was cliched commentary from him because in the very next breath he said the will of the people had been overridden by just six people.
That's not showing respect for the judges and the independence of the judiciary, is it ?
What would he have said if the six people decided the election result was valid ?
Paying lip service to the independence of pivotal institutions of the state is the trademark of political leaders not genuinely committed to democratic ideals and values.
We are familiar with that phenomenon in post coup Fiji,
Rajend Naidu

Anonymous said...

The Corrupt Parked in High Places.
We learn from the Canberra Times article ' Coca-Cola executive Bryan Pereira jailed for four years for receiving corrupt payments' ( 31/08 ) that " within the headquarters of the vehicle leasing company Orix, the account that kept Coca-Cola Amatil's corrupt fleet manager in the manner to which he was accustomed was known as the " Coke slush fund ". Bryan Pereira 64 had engineered for himself a cushy source of extra cash by virtue of his control over the soft drink manufacturer's $22 million vehicle supply contract... From 2006, Pereira used it [ the kickback cash] to buy expensive gifts, international and domestic flights, accomodation, jewellery and adult entertainment - receiving $267,899 in personal benefits. .. Judge Mark Williams said the offences were aggravated by the fact that Pereira was in a position of trust. He knew the payments were unlawful and was motivated by greed. " He can't quite articulate why he had a complete collapse of moral values, but he admits it was greed" Judge Williams said.."
People in a position of trust succumbing to greed and going down the wrong path is not an uncommon thing in today's world of mega money contracts, both corporate and State.
In some democracies where the rule of law is upheld the way it's meant to the greedy offenders go to jail. In other places they go about their dirty business with impunity - often with the blessing of the mob in power.
Rajend Naidu

Anonymous said...

When GREED gets you, you get Fucked. It does not matter whether you Indian, Fijian, European, Chinese, Papua New Guinean or Korean , You get fucked when greed gets you. Many forget that at their own cost. And, they harm others with their greedy behaviour. - chiku

Masla Mani said...

Hell awaits for corrupt people around the world. Keep sinning and you will loose and be burnt in fire and brimstone.

People who are powerful always misuse their power for persoanl gain and greed.

Anonymous said...

3 people impersonating Fiji Revenue and Customs Service officers expected to be charged today.

How will government and politicians address many of these phishing and impersonation scam problems?This is a terrible and wicked crime that preys, on the most vulnerable.It is distressing not only for the victims and their families but for everyone concerned.Once someone is drawn in by a scam, they are often put on a “suckers list”. Many have seen or heard some of those suckers lists when scammers have been caught.The language used in scam mail,phone calls or in person is enticing and convincing.Many have heard their saying in letters,emails,or verbally on your doorstep, “You are a guaranteed winner”, “This is a time sensitive document”, or, “We've been sent by government to immediately conduct a raid on your property”.Various other slogans,logos and fraudulent identification cards are also used to entice people in for the first time. The scammers are looking for the first indication that someone may be capable of being scammed. They are not interested in the person who throws the message in the bin,puts it in the junk e mail box or refuse entry to strangers to their homes.They are interested in grabbing that little bit of hope that they can take the scam forward.If the Government can bring forward anything to stop it, they should look to do so as soon as possible.

Education and awareness are critical, are politicians doing their bit in raising awareness in their constituencies about the types of scams out there in the world today?Does the government cooperate effectively with the consumer council of Fiji and develop plans to campaign over the years ahead to educate and promote to our communities the value of protecting private details?Fijians must know who they are dealing with and treating all mail, e mails,cold callers and unexpected visitors claiming to be sent from the government with acute caution. If something sounds too good to be true, the sad reality is that it probably is.

Anonymous said...

Will the Government tell us what detailed training has been given to magistrates?What training is available to magistrates on access to rights and justice for children,parents,grandparents and people with disabilities?Are any of these training programs funded by the Fijian tax payer or is it another foreign aid/ UN backed workshop?What steps has the government and the judicial department taken to encourage Fijians to become magistrates and to train new magistrates?Does the government and the judicial department have any intentions of bringing young people into the magistrates service?Otherwise there would be no throughput in the system.

Suomynona said...

Must FijiFucked Party continue stooping low with its constant dicktorial stance by sticking its nose into the butt crack of other independent agencies?

Nothing new since 2014 or 2006 where they would do anything all for self-service like all the time.

Anonymous said...

Gutter Politician
Local Government Minister Parveen Kumar has labelled the Opposition's criticism of the President's speech as " gutter level of politics " ( Fiji Times 13 Sept ).
Minister Parveen Kumar is one politician who is very knowledgeable about gutter level of politics. He has had a long relationship with it. He has made a career of it.
Who killed Puna Chand ?
Yes, it was Murder Minister Parveen Bala Sala.
But he got away with murder through gutter level of politics.
Why do you think he is with the coupist party running the country?
It's because he is a bird of the same dirty feather.

Anonymous said...

Judges Applying The Law Without Regard To Political Status
We read in ' Eddie Obeid loses appeal against misconduct in public office conviction ' ( abc 13/09 ) that the former NSW Labour Minister was jailed for 5 years for what the judge said was " the most serious instance of official corruption ". Justice Robert Beech-Jones had said at the time of original sentencing that " He[ Obeid] intentionally abused the public trust reposed on him as a member of the legislative council of NSW".
The 5 judge appeal panel including the Chief Justice rejected Obeid's appeal.
That's the beauty of Australia's judicial system. It takes no cognisance of an offender's political status. Obeid was know as a Labour Party kingmaker and all that. When one falls foul of the law whilst in public office the law deals with him as an offender.
That's how you get an independent, impartial justice system in a democracy.
Rajend Naidu

Anonymous said...

Malicious Prosecution of Media Wallahs
The Fiji Times general manager and publisher Hank Arts, it's editor-in-chief Fred Wesley have been charged with Anare Ravula, the editor of the vernacular newspaper Nai Lalakai and a letter writer Josaia Waqabaca with one count each of sedition.
The charge relate to the publication of a letter in the Nai LalakaiLalakai newspaper in April last year that likely to be seditious ( Fiji Times 25 Sept ).
Wow! This in a country were an armed overthrow of the lawful government took place and the usurpers were never charged and brought to court. Instead the usurpers are now the lawful authority in the country.
The Merriam-Webster Dictionary definition of sedition : incitement of resistance to or insurrection of lawful authority.
A letter in a vernacular newspaper being pursue as a case of sedition sounds to me like malicious persecution of media people who the mob in power do not like.
This is a classic case of abuse of state power to intimidate those considered not politically onside.

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Anonymous said...

What a shame the kangaroo court in Fiji has denied Fiji Times newspaper man Hank Art's application to travel to Hawaii for his wedding anniversary. Treating a respectable media man as a dangerous criminal, That only happens in a rogue regime - chiku

Anonymous said...

Propagandising At United Nations Level.
The Director of Public Prosecution ( DPP ) Christopher Pryde in his " statement at the 36th Session of the Unied Nations Human Rights Council at the side event organised by the Permanent Mission of Fiji to the UN in Geneva last month " clarified that " The DPP does not report to the Attorney-General or confer with him or with any minister of government".
Pryde said " I want to stress this because I am aware that some international reporting organisations do not understand this important distinction and when we are talking about safeguards against torture, independent and non- political bodies such as the DPP's office or the Office of the Commissioner of Human Rights and Anti-Discrimination have a particularly important role to play". ( Fiji Times 9 Nov ).
I would contend that the international reporting organisations Mr Pryde is referring to understand only too well that the distinction Mr Pryde boasts about does not exit in the way it is meant to in a genuine democracy. And, that's not surprising because many keen observers of Fiji politics have said the post coup dictatorship is masquerading as a democracy in Fiji.
In a dictatorship every important office holder reports to the dictator directly or indirectly through his agents.
If you ask the people of Fiji if anyone believes what Pryde said to the UN gang you would be lucky if you get anyone who believes that rubbish.

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Anonymous said...

A Person of Integrity
We read the following in ' David Maraga : The brave judge who made Kenyan history' ( BBC 2 Sept 2017 ):
" ...Kenyans have praised Justice Maraga for having the courage to rule against the man who appointed him, President Uhuru Kenyatta, and for restoring their faith in the independence of the judiciary.
Several Kenyan papers have referred to Justice Maraga as a person of integrity.
... It is reported that while being vetted for his job - he beat off stiff competition from 10 other prominent judges, legal practitioners and academics to be nominated by the Judicial Services Commission to become Chief Justice - he was confronted with allegations that he had taken bribes. He surprised the public by standing before TV cameras and swearing on a Bible that he had never taken a bribe in his life..."
How many people in positions of power and authority in post coup Fiji can do that?
Justice David Maraga : " The greatness of a nation lies in its fidelity to its constitution and strict adherence to the rule of law and above all the fear of God ".
That's something our mob in politics, in the judiciary, in the military and in the world of business would do well to remember and heed.
Rajend Naidu

Anonymous said...

A Person of Questionable Integrity
The name Robert Mugabe has for decades been associated with things bad in Zimbabwe. Now the ruthless, power-hungry megalomaniac has been appointed a " goodwill ambassador " by a reputable international body ( WHO ).
Can you beat that for arseness at the international level?
It's not surprising many around the world are questioning the appointment.
It's a Kafkaques joke.
Rajend Naidu

Anonymous said...

The Ruthless Politician .
In her article ' The day Michaelia Cash lied to me ' ( Canberra Times 28/10 ) Jenna Price, Fairfax columnist and academic at University of Technology, Sydney, says Cash " looked me straight in the face and lied to me as we stood in the same room".
Price was referring to the Liberal government's cutbacks to funding for community legal centres. Minister Cash denied there was any cutbacks.
Now she denied 5 times that she or her office had any prior knowledge of the Australian Federal Police raid on the Australian Workers' Union. Her denial has turned out to be false.
Price tells us that Thomas Clarke, professor at the Centre for Corporate Governance at the University of Technology, says " Whoever inspired this [ raid ] needs their head examined ".
Yes, when power gets to one's head the head starts to act dangerously funny.
Price says " Cash is what Australians call a hard arse", the kind of person with a " brutal determination to crush opponents underfoot - and win... "
It's the kind of personality trait we associate with political bully boys. Cash is a reminder that women in power can also be political scoundrels.
ACTU secretary Sally McManus took the government to task for its war on unions and the Australians who unions represent.
Price : " Do I care about an AWU donation to Get Up? [ a community activist group ].Not really. " She says she cares much more about the lobbying and influence peddled by banks and mining corporations and big business.
She speaks for many Australians.
Rajend Naidu

Anonymous said...

Failing To Do The Right Thing By The First Nation People of Australia.
The Turnbull Government's outright rejection of the Aboriginal peoples' Uluru Statement calling for an advisory role for the Aboriginal people in the parliament is a case of the Turnbull Government essentially saying to the Aboriginal and Torres Strait Islander people what you say count for nothing.( Counting For Nothing is borrowed from Marilyn Waring, 1988 ).
The rejection is tantamount to what the Aborigines encountered in early colonial times when with the " terra nullius " nonsense the white colonialists basically said the Aborigines did not count.( see historian Professor David Day's Claiming A Continent ).
It's shameful that in the year 2017 the Aboriginal people should still be treated in that appalling, paternalistic manner which says to them " we know what's best for you ".
It's not surprising Aboriginal leaders like Professor Pat Dodson have condemned the rejection by the Turnbull government.
Rajend Naidu

Anonymous said...

Refugees Reduced To Drinking From Rubbish Bin.
It's quite symbolic that the refugees in Australia's off shore concentration camp on Manus Island, PNG should now be reduced to drinking water from a wheelie rubbish bin ( abc news 31/10 ).
After all they were dumped there as discarded rubbish by the Australian State refusing to recognise their rights as refugees and asylum seekers under international refugee laws.
It's no wonder many right thinking, conscientious Australians feel ashamed by the Australian State's inhumane and cruel treatment of these desperate fellow human beings .
Rajend Naidu

Anonymous said...

White Nationalism Rears Its Ugly Head.
In his letter ' Thugs crossed the line in Dastyari verbal abuse ' ( smh 10/11/17 ) Ron Sinclair says these racist thugs who abused Labour Senator Sam Dastyari in a pub in Melbourne " should be defended by no one and ought to be legally actionable to deter its reoccurrence".
But they were defended by Senator Pauline Hanson. She said she did not see any racial abuse in what took place . And, instead attack Senator Dastyari saying it was all a stunt.
Even PM Malcolm Turnbull condemned the racial abuse as have many other prominent personalities in Australia.
I suppose if Hanson had gone on a visit to Apartheid South Africa she wouldn't have noticed any racism/ white nationalism there as well!
Which of course would surprise no one who knows Hanson and her well documented record of racism.
Rajend Naidu

Anonymous said...

Shame on Protesters
Gwyn Denton writes in her letter to smh 13/11 :
" On Friday night I decided to attend a protest rally to show my deep shame for what our government is doing on Manus Island ( " Abbot's sister caught in ' ugly' Manus protest " smh 11/11 ). I left in horror after watching a few protesters behave like animals. I don't like what our government is doing but I equally don't like what I saw tonight! I went to protest - peacefully. Shame on those who spat, threw things and grabbed clothing. No change comes from that!"
I agree with Gwyn .
It's like going to protest against fascism and acting like a fascist yourself.
When we protest we must not conduct ourselves in a manner that is counterproductive to our objective or alienate people.
Rajend Naidu

Anonymous said...

Justice Finally Done
The Supreme Court in South Africa more than doubled the sentence of Oscar Pistorius after the prosecution appealed against the original sentence as being too lenient ( ' Oscar Pistorius' Murder Sentence Is Increased to 15 Years ' New York Times 24/11 ).
His murdered girlfriend's parents said their faith in the South African justice system was restored with this more appropriate sentence.
It seems the lenient original sentence was influenced by Pistorius' celebrity status as the ' Blade Runner '.
The corrected sentence took no account of that. It dealt with the serious crime as the rule of law required.
That's how justice must always be done.
Rajend Naidu

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