Sunday, November 26, 2006

Question of Integrity.


Above: Fiji Prime Minister exiting from Methodist Centenary church.
Nov 27th 2006 online article by ABC reports that Pacific Forum leaders have convened for a emergency meeting of the threats of a clean-up campaign by Fiji Army Commander.


Above: Fiji soldiers reinforced the President's compound main gate.

Pacific beat, Radio Australia online magazine podcast of Nov. 24th provides an Australian perspective on the latest rumours. Foreign Affairs Minister Alexander Downer is interviewed regarding the situation in Fiji. Downer's spiritual revelation on a coup plans being plotted in Fiji has been ridiculed by mercurial Opposition leader Mick Beddoes in this podcast.

Ideas floated in this interview covers:

  • The idea of Commander Frank B being the front person of a shadow group of disgruntled civil servants and foreign entities.
  • Australian Academic puts in his two cents on the socio-political and socio-economic forces at raising in Fiji and the Pacific.
  • Tonga situation and post-riot investigations.
Radio New Zealand update of Nov. 27th reports that counter warnings have been fired by the Fiji Army Commander across the bow of Australia's intentions of micro-managing Fiji's domestic affairs. ABC online magazine "The Word Today" reporter Emily Burke interviews foreign correspondent Micheal Fields in Fiji.

Fiji Live article reports, Minister of Home Affairs:Vosanibola vows that investigation into the sedition charges on Commander Frank will continue.

Army probe will not stop: Vosanibola
Sunday November 26, 2006

The military's demand to drop all investigations into Fiji's army commander Commodore Voreqe Bainimarama will not be met, said Home Affairs Minister Josefa Vosanibola.

"It is a total contradiction of their widely acknowledged principle that 'no one is above the law', said Vosanibola in a letter to the military dated November 10, 2006.

Vosanibola said that if Government were to stop investigations, it would undermine the general public's respect for the rule of law particularly if selective justice is accorded to military personnel who may have broken the law.

"Government is in full agreement with your commonly held view that 'justice must not only be done but seen to be done'," Vosanibola said.

"My power to give general policy directions to the Commissioner of Police is well outside the ambit of giving instructions on ordinary police matters like investigations.

"The Constitution is very clear in that section 170 (5) stipulates, like other Constitutional Office holders, the CP is not subject to the direction or control by any other person or authority in the performance of his constitutional duties or functions."

Vosanibola said in this regard, it is unconstitutional to direct Police Commissioner Andrew Hughes to stop all criminal investigations against the commander or any military personnel for that matter.

"It is unlawful on my party or government's for that matter, to also interfere with the 'independence' of the office of the Director of Public Prosecution," he said.

The DPP's office he said is currently handling many of the criminal cases against military personnel, including the commander, and any act to stop it would be a direct interference with the criminal justice system.

Bainimarama is being investigated over his alleged disobedience of lawful order, seditious content of public statements, unlawful removal of container of ammunition from the Suva Kings Wharf and the alleged plot to overthrow the Government.

Other allegations are unlawfully obtaining approval from the President to abort a Commission of Inquiry against him, non-cooperation with police on investigation into the deaths of CRW soldiers allegedly murdered at the Queen Elizabeth Barracks during the November 2000 mutiny, and abuse of office by senior army officers in approving payments through LPOs, (Local Purchase Orders) beyond their authorised limits.

Fijilive



Although, the Minister of Home Affairs finally acknowledges the illegality of the 2000 coup in this interview, the Minister's token affirmation fails to clear the stain of reality that, the financiers of the 2000 coup are yet to be convicted or even attempt to explain why convicted coup perpertraitors occupy Ministerial and ex-officio posts in Fiji Government.

Peter Rideway's June 2005 interview with ABC radio magazine "The Word Today" underlines the state of corruption in the halls of justice.

  • Fiji sends DPP Director packing



    The World Today - Friday, 17 June , 2005 12:38:00

    Reporter: Paula Kruger

    TANYA NOLAN: A senior Australian prosecutor who has spent the past four years in Fiji, winning convictions against key figures in the 2000 coup, has been denied permission to continue working in the country.

    Peter Ridgway is the former Deputy Director of Fiji's Department of Public Prosecutions. His contract expired last month, but he had requested a 10-week extension from the Prime Minister Laisenia Qarase, but it was turned down.

    Mr Ridgway's imminent departure comes amid increasing pressure on the Fijian Government, over its proposed Reconciliation, Tolerance and Unity Bill. The bill would free people jailed for their involvement the 2000 coup, if their crimes are deemed political and not criminal.

    Paula Kruger spoke to Peter Ridgway as he was packing up his home in the capital Suva.

    PETER RIDGWAY: The sticking point or rather the unsticking point seemed to be the Prime Minister, whose consent was required, but was being withheld.

    PAULA KRUGER: So we're not talking of an administrative error here. We're talking that you weren't given permission by the Prime Minister to continue staying in Fiji?

    PETER RIDGWAY: That seems to be the case. But what the motivation for that is, perhaps is not clear. The information that's been reaching me is to the effect that the Prime Minister was more than a little piqued at not having been consulted a good deal earlier on the matter, as protocol seems to require. His response seems to be as much the product of pique as anything else.

    PAULA KRUGER: There's been some criticism within certain groups in Fiji like the Law Council about the upcoming Reconciliation, Tolerance and Unity Bill. Can any connections be drawn between you not given permission to stay in Fiji and this bill?

    PETER RIDGWAY: It's hard to draw a direct one, there are inferential connections, obviously.

    When I set about this process of prosecuting those responsible for the 2000 coup I knew that it wasn't going to make me the most popular man in town, with at least half of the population. And that's proven to be the case.

    You'd be naïve if you went into this believing that you were going to be winning friends and influencing people. It was a hard job, and had to be done. So I never expected to be loved or even for that matter greatly thanked for it.

    PAULA KRUGER: Is it frustrating, though, that you've spent four years prosecuting people over that coup?

    PETER RIDGWAY: Oh yes it is, of course it is. Of course it's frustrating to see the process salvaged, virtually, from the wreckage of 2000, and made to work as it was properly intended, only to find that it's being unravelled for reasons which have very little to do with justice.

    PAULA KRUGER: So those reasons would probably have to do with the election coming up in Fiji next year?

    PETER RIDGWAY: Well, again, that's speculative, Paula, and to be honest, in my former position as Deputy DPP, I stayed out of politics. It was inappropriate to engage in the political debate. And it's the same thing with this bill. It is now part of a political process.

    PAULA KRUGER: You're packing up today. When are you heading out of Fiji?

    PETER RIDGWAY: Well, all being well we're expecting to fly out on Sunday week, the 26th of June. Now, that is a date of my choosing – it's not a date of the Government's choosing, it's not a date that's being forced on me.

    We're not being kicked out in that sense, we're merely… we have no further business here, and the time has come to go.

    PAULA KRUGER: Would it be sad to leave?

    PETER RIDGWAY: Oh yeah, very much so, because I have, in the last four years, I think, with all due false modesty aside, I've had a lot to do with resurrecting the rule of law and the criminal justice process in this country. I take a lot of pride in that, and I'm going to be very sorry to leave it behind me.

    TANYA NOLAN: The former Deputy Director of Fiji's Department of Public Prosecutions Peter Ridgway, with Paula Kruger.


The justifications for investigating over-spenders of Fiji Army budget is another concern that
question the motives for frivilous charges that pale in comparison to the treasonal offences of the 2000 coup.

2000 coup was illegal: Vosanibola
Monday November 27, 2006

It is a bygone conclusion that the events of 2000 were illegal, says Fiji's Home Affairs minister Josefa Vosanibola in response to a demand by the military that the Government publicly declare it.

As a result, perpetrators have been found guilty and have been convicted, he said.

"Countless number of people, including the former Vice President, traditional chiefs, civilians and former military personnel have been convicted, some have been released while others are still serving their term.

"Currently the case of former military commander and Prime Minister Sitiveni Rabuka is before the court. The Fiji Police have indicated that remaining coup-related cases are with the office of the DPP and will proceed with criminal proceedings if there are prima facie evidence in support of the charges laid," says Vosanibola.

He adds that if the military has any evidence that will assist police in investigating the overthrow of the government in 2000 including military personnel who have been implicated, they must submit it to police as soon as possible.

This he said, was important for the sake of public interest and to reassure them that justice must not only be done but seen to be done.

Vosanibola said the Government is extremely satisfied with the performance of the Fiji Police Force, in relation to the maintenance of law and order since 2000.

"The assumption made to connect the alleged moral decay in the nation to the current political leadership in Government is indeed confusing.

"Such an allegation is defamatory and I caution the military against relying on such unfounded and unsubstantiated allegations."

The military had earlier said the increase in lawlessness is the fallout of the 2000 events, "especially when coup perpetrators and those implicated are holding public offices".

"Their presence and involvement at strategic level indicated that the event of 2000 was right. The mass is taking their cue from this practice.

"There is an urgent need to educate our people in this area for them to get away from the 'coup culture' and respect the law," the military said.

The ongoing military-government impasse was reignited last month by a three-week military ultimatum for the Government to resign.

A committee of the Great Council of Chiefs has been formed to mediate between the outspoken Military Commander Commodore Voreqe Bainimarama and Qarase.

Commodore Bainimarama has issued conditions to the Government to adhere to in return for his silence.

Fijilive



This comment by Vosanibola will intricably conflict with the sentiments by Commissioner Hughes and the fact that the 2000 coup case is yet to be closed. Financers of the 2000 coup have yet to convicted and these claims and counter claims by authorities have yet to admonish that fact.


Commisioner Andrew Hughes also trying to deflect the blow-back of these politicaly inspired investigations in this Fiji Times article. In the interview, Hughes also defends the raid on the President's office stating that the proper search warrants were obtained.

What the Commissioner failed to explain :

  1. Why the raid was first denied by officials?
  2. Who approved the warrant?
  3. Who requested it?


This flip-flopping acknowledgement by Hughes of the raids on the Fiji President's office, can only raise a volley of suspicous questions. In another interview by Radio Australia on Nov 24th, Commissioner Hughes dismisses calls for his resignation by the Army. In the same interview Hughes avoids the question pondering if the Commander's comments were really seditious?

The token reply by the Commissioner reflected the doubts in the charge of sedition, which was requested by the Minister of Home Affairs. Obviously the explanations by Commissioner Hughes is damage control to conceal earlier flaws to the 2000 coup investigations.

The transcript of the interviews is as follows:

Last Updated 24/11/2006

FIJI: Police commissioner rejects calls for his resignation

In Fiji Police Commissioner Andrew Hughes has dismissed calls by the country's military for his resignation. Speaking at a press conference in Suva on Thursday, Commissioner Hughes also denied that he had come under pressure from the government to investigate military commander Voreqe Bainimarama. Commissioner Hughes had attracted strong criticism from Commodore Bainimarama, following reports that police were investigating the commander over allegations he made seditious comments.

Listen Listen | Audio Help

Presenter/Interviewer: Geraldine Coutts
Speakers: Andrew Hughes, Fiji Police Commissioner

HUGHES: Well there's been a lot of allegations being thrown at Fiji police and more specifically at me and I felt it was time to rebut what is being said by the commander, and also to provide an update on the progress of the investigations, the criminal investigations in respect to the commander and some other officers in the Republic of Fiji Military Forces.

COUTTS: To refresh people's memories commissioner can I ask you to perhaps refresh our memories as to what those allegations are, and what your rebuttal is?

HUGHES: Well they claim that, well first of all they sought my removal, they wanted me being sacked basically on the basis that I had compromised somehow my position in respect of not being neutral in relation to an investigation into the commander and into the unlawful removal of ammunition from the Suva wharf by the military. That I was being subject to political pressure to conduct these investigations, and finally that I was under foreign influences insofar as the performance of my duties were concerned, which of course are all totally false, and I'm certainly not going to resign.

COUTTS: Now on that issue of the Commander Frank Bainimarama asking the question or suggesting that the Prime Minister in fact was putting pressure on you to conduct an inquiry into his affairs at the moment. You say that's not at all true?

HUGHES: No it's not true, the background to all of this is that earlier in the year the Minister for Home Affairs had written to us complaining about constant outbursts criticising government to government policies from the military commander.

We commenced an investigation in relation to that, but then an issue arose, a legal question arose as to what the minister's powers were in respect of the commander of the military under the constitution. So the government has referred that to the Supreme Court for a decision. So in the absence of that clarification we continue to catalogue if you like these ongoing outbursts from the commander.

Until we got to one in particular, which occurred a few weeks ago, which of course is out there which was we will force the government to resign. Now when that came out of course alarm bells went off as to what that might mean, and did that amount to a seditious comment.

So we sort of had an off-shoot investigation in relation to whether that was a seditious comment or not. And that is the one that is likely to stand. But there's been no pressure on me whatsoever politically in relation to this or any other investigation.

COUTTS: And is it or was it a seditious comment?

HUGHES: Well that's still with the DPP, we expect an advice on that within the next 24 hours. But certainly the early indications are that it could amount to sedition intent yes.

COUTTS: What is your relationship now with the military after that event with the docks as you've mentioned where the military as I understand it gave a promise that they would not remove the ammunition from the docks until you gave permission. That in fact didn't happen; they took it without your consent. Where do we stand on that issue now?

HUGHES: Well it's not the military; I think it's important to make this point that the relationship between the police and the military is fine. What we're doing is that we're doing our job and we're investigating criminal offences that have been committed by a few in the military, including the commander. And this has obviously strained the relationship between me and the commander at a professional level, but so far as the two organisations are concerned the interaction is still good and the relationship is still strong.

COUTTS: But they did go against your word and take the ammunition from the docks?

HUGHES: Yes there are four officers now who we have briefs of evidence in with the DPP, and again we expect a decision in the next 24 hours on that and they will be prosecuted for a whole range of offences in relation to that unlawful removal.

COUTTS: What is the relationship between the three leaders if you like, the Prime Minister, yourself and Commodore Frank Bainimarama, because it seems that you're the only one that hasn't called for someone's resignation at this point?

HUGHES: Well I don't think it's an accurate portrayal to throw the three in the same sentence and say you know what is the relationship, because there's actually quite separate issues at stake here.

The relationship between me and the Prime Minister is a professional one and a strong one in respect of his role and my role, there's no issue there.

The relationship between the Prime Minister and the commander that's a separate issue, and the relationship between me and the commander is on a totally unrelated thing, which is his objection to me doing my job.

With the commander it seems that you either agree with him or you're his enemy, and he fails to grasp that I'm simply doing my job, I have no personal issue with him, but he sees this as like a personal attack and that me and the police are now the enemies.

COUTTS: In that you are responsible in large part for the national security, the fact that Commander Frank Bainimarama continues to threaten the government to overthrow or take over the running of it, must place you in some difficult position if not compromise you?

HUGHES: Well it doesn't compromise me; I mean my role is clear. In fact one of the investigations that is going in the background now is in fact this potential treasonable conduct by the commander over a period of time with an intention to what we believe to be an intention to remove the government. So there's no compromise there, my role is quite clear.

What we're also doing is we're looking behind this because we strongly believe it's not just the commander, that there are individuals and groups in the shadows, as we saw in 1987 in the first coup in Fiji when Rabuka was the frontman, again in 2000 when George Speight was the frontman.

These people operate in the shadows and manipulate and incite, there's a sort of conspiracy going on in the background. Now we're saying this time in 2006 if that is what the intention is to have a military coup then we are going to drag these people out into the sunlight for the world to see.

They can no longer operate in the shadows enjoying anonymity and continue to break the law and just rely on the commander to be the frontman. We're going to actually, they are now under investigation in a new phase of our overall investigations and they'll be taken to task.

COUTTS: Is it your feeling Commissioner Hughes that the threat of a coup by Commodore Frank Bainimarama was more than that?

HUGHES: It's unclear to be honest. We're getting mixed messages, I mean asked today publicly what does he mean by we're going to clean-up government? I mean what does that mean? And he said well I'll tell you when I come back, so he takes off to New Zealand to go to his granddaughter's christening for eight days and meanwhile we're all left back here wondering what on earth is in his mind, what's his intention. And I've said that that is just unfair to investors and potential visitors to Fiji want to know what he means. I have to find out what he means because of my responsibility to maintain law and order in Fiji, and the people of Fiji have a right to know what he means. It's unfair to keep saying these things and then take off overseas.








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