Thursday, May 24, 2007

Saving Grace.



Fiji TV news segment covers the new incumbent of Commissioner to Fiji's Anti-Corruption Commission, announced by the interim Attorney General, Aiyaz Sayed-Khaiyum (Right image).
This new Commissioner was confirmed by a Fiji Times article.


Mah Weng Kwai (Left image), who was offered a five year contract, has extensive legal experience behind him. As well as being a prominent member of Lawasia, a professional organization compromising of law associations, bar councils and law firms from the Asia Pacific region.
Fiji Village article reports that, the work of the Anti-Corruption unit is expected to be speed up; especially with Kwai's vast experience.

Fiji Times Editorial comments on the new Commissioner, the following is an excerpt:


Credibility is key

Friday, May 25, 2007

THE appointment of Mah Weng Kwai as commissioner of the Fiji Independent Commission Against Corruption (FICAC) is to be commended.

Mr Kwai's appointment, which would undoubtedly have taken many like the Fiji Law Society by surprise, is a significant development.

The man is a respected leader in his own right, one who has amassed more than 30 years experience as a lawyer. He is not only a leading member of the Malaysian bar but has invaluable expertise in prosecuting corruption.

He is also the serving president of Lawasia, a professional body of representatives from bar councils, law associations, law firms and corporations from the Asia Pacific region.

His credibility as a lawyer will certainly add weight to the anti-corruption commission, which has attracted a fair share of opposition.

This scepticism was to be expected particularly after Deputy Military Commander Esala Teleni was appointed as the deputy head of the commission. Thus, the appointment of an independent figure like Mr Kwai will to some extent ease public concerns.

And the public does have every right to be concerned given that this newly-empowered body has special powers to investigate corruption, make arrests and conduct interrogations. Already, more than 600-cases await the expert prosecution body's skills.

Many of the cases are of huge public interest like that against certain high profile figures in the Fiji Sports Council, the Native Lands Trust Board, the Fiji Institute of Technology and Airports Fiji Limited. Interim Attorney General Aiyaz Sayed-Khaiyum says Fiji's President Ratu Josefa Iloilo appointed Mr Kwai under the Fiji Independent Commission Against Corruption Promulgation 2007.

Again, just like all other senior appointments since the December 5 takeover, this one is bound to face strong scrutiny and will in all likelihood be challenged in court.

The legality arguments are best left to the courts. For now, what is of utmost importance is that we satisfy the pressing list of criteria that has been set by our international friends, particularly the European Union.

Nevertheless, it must be said that Mr Kwai's acceptance is an interesting development given the recent Lawasia observer mission's report which raised its concern about a range of events, including the military takeover and the credibility of the judiciary following the suspension of the Chief Justice.


While the editorial raises the question of credibility of the judiciary; these fundamental issues was reflected in comments by the President and Vice-President of Fiji Law Society was openly challenged by veteran lawyer, described in a Fiji Village article.

This is an excerpt of Fiji Village article:


Dr Sahu Khan Takes Law Society VP to Task

By fijivillage
May 25, 2007, 07:56


(Image right: Shamshud Dean Sahu Khan)


Prominent Ba lawyer Doctor Shamshud Dean Sahu Khan has now taken the Fiji Law Society President and Vice President to task in relation to recent comments made by the top officials of the society.

Doctor Sahu Khan said he is concerned that Law Society Vice President Tupou Draunidalo made general statements that lawyers no longer had confidence in the judiciary.

[Khan] said these statements are totally misleading and unjustified. Doctor Sahu Khan said the President of the Law Society Davinesh Sharma also cannot say that some of the lawyer’s complaints against Draunidalo's statements is an internal matter.

Sharma and Draunidalo are expected to comment later.


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