Wednesday, March 12, 2008

Fiji Times -Hoisted By Their Own Petard. (Edited)

The released independent report (PDF) on tax evasion.




"FIJI Times Limited has been ordered to pay interim Cabinet Minister Lekh Ram Vayeshnoi $30,000 in defamation damages for articles and letters to the editor published between 1999 and 2003."

"It is quite clear that the allegations of the Fiji Times are merely that, and covers the spectrum from absurd to ridiculous".





A foregone conclusion

Fiji Times Editorial. Wednesday, March 12, 2008

THE conclusion of the inquiry into interim Finance Minister Mahendra Chaudhry's tax matters was foregone. Once the terms of reference were made known at the weekend, even a blind person would have been able to see what the three-member team would say in its report.

There was no mention in the terms of reference of the $A1.6million at the center of the tax issue. There was no mention of who provided the money or, indeed, where these mysterious funds may be at this time. Nor was there any attempt to find out how involved a foreign power has been in the internal politics of this sovereign nation.

It is obvious from Mr Chaudhry's bank statements that over $A500,000 was deposited in his account by a Sydney-based consulate general of a foreign government. This government has always decried the attempts of Australia, New Zealand and the United States to influence our affairs.

This time, however, it has been deafeningly silent. More troubling is the fact that this team was chosen, provided a terms of reference and started work without the public being informed that the inquiry would take place. By the time the interim administration announced the team's terms of reference, the report had been prepared and was ready for dissemination.

This is rich, coming from a regime which espouses transparency and accountability. Last week this newspaper approached several members of the administration to seek information on this matter. At no time was any information forthcoming on the issue.

This secrecy does not augur well for the regime or the nation. Neither does the fact that at least one member of the inquiry team has been contracted by the interim Attorney-General to provide tax advice on a project involving the State.

But the exercise has now been exposed for what it was a sham.




Hoisted By Their Own Petard.


The Fiji Times Editorial of March 12th 2008, decrying the independent report into Mahendra Chaudhry's alleged tax evasion is disturbing for many reasons. First and foremost, it has reinforced the concept that the Fiji Times has an unhealthy fascination to tarnish the reputation of the report, in retaliation for the upcoming court trial for defamation of character.


Secondly, it also appears that the Fiji Times has up-changed gears in its smear campaign against the efforts of the Interim Government, stemming from the proposed charter to take Fiji forward, the proposed native land de-reservation project, to this failed mud slinging effort of tax evasion and its recent released independent report.


The Fiji Times (FT) Editorial says:

“Once the terms of reference were made known at the weekend, even a blind person would have been able to see what the three-member team would say in its report”.


It is rather unfortunate that the Fiji Times had used the example of a blind person to launch its tirade of visceral allegations, based on layers of inaccurate and unfair reportage. The choice of metaphors by the Fiji Times reveals the unapologetic stance of the publication, which has now painted itself into a corner and now has resorted to breaking the walls of reason, to escape the wrath of legal proceedings.

If the Fiji Times had published a braille version of its paper, so that the blind people of Fiji could be updated with current affairs, perhaps they would also detect the subtle and underlying bias, punctuated by a litany of factual errors, as well as an embarrassing track record of plagiarism.

The FT Editorial continues its scatter shot of allegations that, spin off the tangent of tax evasion, into wild speculation:

[...]Nor was there any attempt to find out how involved a foreign power has been in the internal politics of this sovereign nation.

It is obvious from Mr Chaudhry's bank statements that over $A500,000 was deposited in his account by a Sydney-based consulate general of a foreign government. This government has always decried the attempts of Australia, New Zealand and the United States to influence our affairs.


If those allegations are true, the Interim Government would not have jurisdiction in taking action against the Sydney based Consulate General and further to that, if the FT has evidence that alleged deposit came with the expectation to disrupt the tranquility of Fiji via violence; then by all means report that the matter to authorities. To fallaciously assert that all donations from Foreign Embassies, also come with expectations to influence internal politics; then most Non-Profit-Organizations in Fiji would be guilty of the sin.

It is quite clear that the allegations of the Fiji Times are merely that, and covers the spectrum from absurd to ridiculous. If foreign intervention was really a concern to the Fiji Times, then the Fiji public should be concerned about the troubling events in 2006 where covert Australian troopers had overtly undermined the sovereignty of Fiji, by avoiding the Immigration Checks at Nadi terminal, in addition to importing undeclared weapons in silver boxes, which is a serious breach of International Law.
News of this was covered by:

The Australian.

Fiji Times article.

SiFM posting : "Of Arms and Men".

SiFM posting: "Aussie- Oi,Oi,Oi".


It was also brow raising that these troopers were whisked away in Fiji Police vehicles, under orders from the Australian Police Chief. Unashamedly, the FT coverage of this gross and willful defiance of International Protocol was poor and the reportage glossed over the severity of the case, in comparison with the obsession into the alleged tax evasion.

Fiji Times Editorial then returns to the tax evasion and in particular the terms of reference:

“More troubling is the fact that this team was chosen, provided a terms of reference and started work without the public being informed that the inquiry would take place".


This marks the high water mark of the lack of FT's impartiality and objectivity.

Although, the Fiji Times Editorial demanded that an independent inquiry take place over the allegations of tax evasion; now the FT is crying foul, simply because they were not privy to the terms of reference.

Since the report had exonerated Mahendra Chaudhry, one would ponder, if the terms of reference would ever be questioned by the Fiji Times, if the result was reversed?

Sadly, the only secrecy that is embarrassing obvious to readers, is the ulterior motive of the Fiji Times, which had launched a similar defamation campaign against the 1999 Coalition Government; and subsequently lost a law suit pertaining to that campaign. Article on defamation case in Fiji Times.

The excerpt:


Times to pay Vayeshnoi

Thursday, November 29, 2007

FIJI Times Limited has been ordered to pay interim Cabinet Minister Lekh Ram Vayeshnoi $30,000 in defamation damages for articles and letters to the editor published between 1999 and 2003.

Mr Vayeshnoi had filed two cases against Fiji Times Limited. The first case filed in 1999 was against then editor Samisoni Kakaivalu, chief sub-editor Netani Rika and Fiji Times Limited.

In the second case filed in 2005, Mr Vayeshnoi filed an action case against Mr Kakaivalu, Mr Rika, then senior reporter Margaret Wise and Fiji Times Limited. There were 12 occasions on which Mr Vayeshnoi alleged he was defamed. He had sought $320,000 in damages but Justice Jiten Singh found he was defamed on five occasions only and awarded him $30,000.

Fiji Times Ltd had argued that all of the publications were fair comment on a public, political figure and protected by freedom of speech in a democratic society.

It also argued that his electoral support had increased and he had risen in parliamentary ranks after the publications, showing that they had not damaged his reputation.

Mr Rika, who is now the Editor/Editor-in-Chief of The Fiji Times, said they would appeal against the ruling. "We believe there are strong grounds for appeal," he said.


Fiji Times articles had tossed 'soft-ball' questions into the actions of SDL Government during its 6 year reign, which had squandered and mis-appropriated state funds as demonstrated in the Agricultural Scam court trials, involving enormous sums of money that, make the sums in the tax evasion look like loose change.

The Ag Scam was addressed in an article from Pacific Islands Report and SiFm posting: "Probing the Deep End".

The FT also did not question how the donation of garden tools and outboard motors procured by the Agricultural slush fund, was a form of vote buying. Neither did the FT ever question or independently research how such vast sums could be used by the convicted mid-level civil servant, without the complicity of the higher echelons of the SDL Government. Nor has the question of how a $F20 million state loan, which was converted to a grant ever been addressed by the FT.

As an old English expression outlines, “You cannot run with hares and hunt with the hounds”.

Undeniably, the only sham and forgone conclusion that has been revealed is the culpability of the Fiji Times in defaming, discrediting and destroying the reputations, character or integrity of people who are trying to move Fiji forward.
.






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