Wednesday, August 03, 2011

The Exception Proves The Rule.

Earlier SiFM posts regarding the Julian Moti affair. Radio Australia online article on the issue.
Julian Moti
Julian Moti.

Finally, Moti's day
Solomon Star
TUESDAY, 02 AUGUST 2011 09:40E-mailPrint

Senior World Socialist Web Site journalist Patrick O'Connor is the only Australian journalist to have followed the Julian  Moti court case from its beginning.  
He specialises in reportage on Australian involvement in the Pacific Islands for the World Socialist Web Site, and has spotlighted bias in Australian newspaper coverage of the affair.Australia's High Court will hear the appeal of Fiji-born former Solomon Islands attorney general Julian Moti.Moti has waged a five year battle against the Australian government's attempt to prosecute him on what he alleges are "politically motivated" statutory rape allegations. 
More than a decade ago, a Vanuatu court threw out sexual assault allegations against the Australian citizen.The case was only revived by Australian diplomatic officials in 2004, as part of a campaign to prevent Moti from becoming attorney general of the Solomons.The international and constitutional lawyer was regarded as an opponent of Canberra's agenda in the Pacific, including the neo-colonial intervention force, the Regional Assistance Mission to Solomon Islands (RAMSI).The Australian charges laid against Moti, based on sex tourism legislation, were used to remove him from the Solomons in December 2007, after a protracted regime change drive by Canberra resulted in Prime Minister Manasseh Sogavare losing office. 
3 YEARS WITHOUT INCOME SOURCE 
Moti was immediately arrested upon his forcible removal to Australia. For the last three and a half years he has lived without any source of income, and has been forced to comply with stringent bail conditions. He has challenged the Australian government's prosecution on the grounds that the entire case is a politically motivated and improper abuse of the judicial system, based on illegal conduct on the part of the Australian government and Australian Federal Police (AFP). 
In December 2009, the Queensland Supreme Court issued a permanent stay of proceedings, barring Moti's prosecution, on the grounds that extraordinary payments made by the AFP to the family of the alleged victim had brought "the administration of justice into disrepute" and were "an affront to the public conscience."The Commonwealth Director of Public Prosecutions (CDPP) subsequently appealed, and the decision was overturned by the Queensland Supreme Court of Appeal in July last year. Moti is now presenting the matter to the High Court for final deliberation. 
COURT TO HEAR TWO GROUNDS 
Last April, the High Court agreed to hear the case on two grounds - the so-called witness payments and the legality of Moti's removal from the Solomons in December 2007. [WSWS article]Moti's counsel has always maintained that the former attorney general's extraction to Australia was an illegal rendition or kidnapping-not, as it was formally presented, a deportation legally ordered and organised by the Solomon Islands' government-and that the Australian judiciary was obligated to refuse to put him on trial because of this. 
Under established legal precedent, courts must permanently bar a prosecution if the accused has been unlawfully transported from a foreign country. This includes cases where an ostensible deportation is actually a "disguised extradition". 
Moti argues that Australian diplomatic officials and AFP agents colluded and connived in the extraction, despite "knowing full well of the blatant illegality of what was proposed".This question was summarily dismissed by both the Queensland Supreme Court and Queensland Supreme Court of Appeal, but the High Court has made clear its interest in considering the matter. The final decision by the seven High Court judges is likely to prove a major legal landmark. 
The Commonwealth Director of Public Prosecutions maintains that the Australian courts cannot adjudicate whether Moti's removal from the Solomons in December 2007 broke that country's laws. The matter, they argue, is "not justiciable' in the Australian legal system. 
QUESTIONS OVER HONIARA CONDUCT 
In written submissions to the High Court, Moti's counsel, Ian Barker QC, challenged this argument. "It is obvious that the conduct of the Solomon Islands Government must be examined in order to determine whether Australia connived at it," he explained.Barker said that the principle of non-justiciability did not extend to conduct by a state that breaches international law, and that Moti's human rights had been violated in contravention of international law. 
The defence argues that the so-called deportation was illegal, as it was enforced in violation of a statutory right of appeal and also breached a magistrates' court order specifically prohibiting Moti's deportation. Moreover, the deportation "amounted to a disguised extradition, in the sense that it was clearly for the improper purpose of ensuring the appellant [Moti] faced charges in Australia, and involved the deliberate circumvention of extradition procedures". 
MOTI CASE SHOWS AUSSIE POWER 
The events surrounding Moti's removal from the Solomons are a microcosm of the political and judicial state of affairs under RAMSI. Canberra dispatched the intervention force in 2003 as a means of bolstering its domination of the country, and the region, against rival powers, particularly China. 
Ever since, Australian officials have maintained control of the Solomons' state apparatus-including its police, prisons, courts, and finance and other key government departments-while maintaining the legal fiction that the country and its government retain full sovereignty.With Moti's extraction, the CDPP insists that the Solomon Islands' government decided on deportation and the Australian government did nothing other than respect this sovereign decision. According to Moti's counsel, however, "Australian officials encouraged and assisted the appellant's unlawful rendition to Australia". 
As early as October 2006, Australian officials had expressed their hope that Moti would be deported from the Solomons rather than face extradition proceedings, which would likely have involved Moti making lengthy appeals. In December 2007, immediately after the installation of a new pro-Australian government in Honiara, Canberra did everything it could to facilitate the so-called deportation. 
WHAT THE HIGH COMMISSIONER SAID 
On December 17, ten days before Moti was forced out of the Solomons, Australia's senior diplomat in the country Peter Hooton told a colleague that he hoped "we can avoid making a fuss ... we all want him gone after all and it would be a shame to risk an early misunderstanding with the new government". 
AFP liaison officer in Honiara, Peter Bond, played a particularly noteworthy role. He fast tracked travel visas into Australia that he issued to the Solomons police and immigration officials who accompanied Moti on the plane to Australia. 
Australian officials also issued Moti with Australian travel documents, without his authorisation or consent. Bond attended numerous meetings held to discuss Moti's removal, which were attended by Solomons Island government members, immigration officials, and police. 
On the morning of the deportation, Moti's counsel explained in the High Court submission, Bond "passed on to the Deputy Chief Commissioner of the Solomon Islands police force, Mr Peter Marshall, 'legal advice' to the effect that the planned deportation was lawful, when he knew full well that it was not". 
'DO IT QUICKLY' 
Finally, according to a witness, Bond told a Solomons' immigration officer to "do it quickly because the plane would be waiting". He then ensured that AFP officers in Australia were waiting to arrest Moti as soon as his plane landed. Moti has asked the High Court to carefully scrutinise Bond's role in December 2007, as well as his testimony given to the Queensland Supreme Court. 
The defence has highlighted the contradiction between Bond's statement in court that he was never interested in Moti's deportation, only his extradition, and an email he sent in October 2006. This warned another AFP officer that "the removal of Moti from the Solomon Islands to Australia via deportation is now in danger of not becoming an option", and stated that if Moti became attorney general, "the consequences will be disastrous for Australians, Australian interests, and RAMSI". 
The defence submission declared: "The conclusion to draw from FA [Federal agent] Bond's evidence was that, where necessary, he was willing to lie rather than concede matters which may have put the prosecution of the appellant at risk." Moti's counsel concluded that the Australian government's complicity in Moti's unlawful removal from the Solomons went beyond acquiescence-though that itself would be enough to warrant the charges being thrown out-and was equivalent to "aiding and abetting". 
WITNESS PAYMENTS 
On the issue of the so-called witness payments, the defence submission answered the Queensland Supreme Court of Appeal finding that they did not warrant a permanent stay of proceedings because they were not illegal and also because the cash was provided after the alleged victim and her family had given statements to the AFP. Moti's counsel noted that "it is far from clear that the witness payments were legal". Moreover, an abuse of judicial process under established legal precedent may be determined on the basis of gross impropriety without necessarily also involving illegality. 
On the question of the timing of the payments, the defence submission stated: "It cannot be said that payments which induce initial co-operation are improper, while payments which secure ongoing co-operation, whatever the circumstances and whatever the price, are not... The right-thinking person would correctly perceive a link between the political genesis of the prosecution, the delay, the means by which the appellant was brought to the jurisdiction, and the extraordinary payments being made to keep the prosecution on foot." 
Last March, just three days before he died, the alleged victim's father stated that the initial allegations made against Moti had been bogus, and apologised to the former attorney general.The father also accused AFP officers of intimidating his family into co-operating with the investigation, and of coaching their testimony. [WSWS article]
By PATRICK O'CONNOR


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Sunday, July 24, 2011

He Who Rides A Tiger Is Afraid To Dismount.

In a follow to SiFM post, Croz Walsh's Blog posting outlines the cognitive dissonance in Mara's sojourn of the Pacific, which seeks to wrestle the big tent philosophical approach from the existing Government.

Croz writes:

His stance is clear but his reasoning is notconsistent. Which goes back to whether it's reasoned or devious. If it's reasoned, it's unwittingly contradictory; if it's devious, the contradiction is deliberate.

On the one hand, he claims that more than half the military and most grassroots (ethnic?) "Fijians" want to get rid of Bainimarama, using hearsay to support his claim.

Fiji government opponents say people in Fiji are too afraid to talk. If this is true, how can Mara, in New Zealand, have any idea of the extent of opposition to Bainimarama? They can't both be right. Like most information, veracity depends on its source. Mara's sources are Mara supporters, and we have no idea how representative they might be.


One must also ask, had this level of opposition to Bainimarama existed when he was in the military, why did he not use it. It is, after all, much easier to launch an attack from within Fiji with 400 troops at your back than it is, troop-less, from without.

On the other hand, he calls for military intervention by Australia and New Zealand. But why, going back to his earlier claim, is this needed if more than half the military and ethnic Fijians really want to get rid of Bainimarama?

Mara's interview on TVNZ program Tagata Pasifika(video posted below).






Friday, July 15, 2011

Vodafone Clears Air on Blog site Comments | The Jet - Fiji's First Dedicated Community Newspaper

Croz Walsh's blog posting highlighted the race baiting and concocted story that was published on C4.5 blog.

The Jet, an online community newspaper, published a response from Vodafone Board Chair, Lionel Yee, whose statement cleared any lingering doubts to the story and further eroded any remaining credibility that the blog C4.5 and its affiliates had.

The excerpt of Jet Newspaper online article:
                                                                                                                                                                                                                       It has come to the attention of the management of Vodafone Fiji Limited that certain blog sites have published information about its Managing Director and Vodafone Fiji which are defamatory, libelous, and false.
Aslam Khan, right, with PM Frank Bainimarama

 Vodaphone Fiji, Managing Director Aslam Khan

Mr Aslam Khan has been at the helm of Vodafone Fiji for the last seventeen years with an impeccable record and distinguished professional career. He is a respected business executive and member of the community.As a result it has become necessary to issue a statement in response to these false published statements.
Accordingly, Vodafone Fiji states the following:
  • Aslam Khan has never been detained in the United States.
  • Aslam Khan has never been frisked in the United States by Stage Agents of the United States at anytime;
  • Neither Aslam Khan nor Vodafone is involved in financing terrorist activities or terrorism.
No military personnel in the history of Vodafone Fiji, throughout Fiji’s history of political instability, have ever been permitted to neither enter our exchange nor monitor calls.Vodafone Fiji does not have the technological capabilities to allow mobile phones to be tapped or intercepted.Nor is there any legislation in Fiji that permits the Interception or monitoring of calls by state agents unlike countries such as Australia and New Zealand which have Interception Act.Mobile phone billing records are only released to the Director CID’s office on production of a court order such as [a] search warrant.Statement Issued and signed by:Mr. Lionel YeeBoard ChairmanVodafone Fiji Limited
About Vodafone Fiji:Vodafone Fiji Limited is part of Vodafone Group Plc, a leading mobile communications company with over 335 million proportionate customers worldwide.

Vodafone Fiji is a partnership with Amalgamated Telecom Holding Fiji and is the pioneer and largest mobile telecommunications network provider in country. The global company has equity interests in 32 countries and partner networks in a further 52 countries, the largest global footprint.

Wednesday, July 13, 2011

Brazil Approves Appointment of Fiji’s New Envoy.



13th July 2011, Suva: The Government of Brazil has communicated to the Ministry of Foreign Affairs and International Cooperation its agreement to the appointment of Mr. Cama Tuiqilaqila Tuiloma as Fiji’s first Ambassador to Brazil.
HE_Tuiloma
Cama Tuiloma. 
Fiji established diplomatic relations with Brazil on 16th February 2006. The joint communiqué was signed in New York by the then Permanent Representative of Fiji to the United Nations HE Mr. Isikia Savua (deceased) and the Permanent Representative of Brazil to the UN HE Mr. Ronaldo Mota Sardenberg establishing full diplomatic relations between Fiji and Brazil. This was after the approval from the Fiji Cabinet at its 6th Meeting in its decision no. 141 of 28th March 2000.


Mr. Tuiloma has served Government for 37 years with his last appointment as the Permanent Secretary for Works, Transport & Public Utilities. From July to December 2008, Mr. Tuiloma was Fiji’s Acting High Commissioner to New Zealand.
Brazil is the largest national economy in Latin America, the world’s eighth largest economy at market exchange rates and the seventh largest in purchasing power parity (PPP), according to the International Monetary Fund and the World Bank. The economy of Brazil is diverse encompassing agriculture, industry and services.
Fiji has been able to trade with Brazil in goods re-exporting items such as vehicle parts and articles of steel and ore. Fiji’s imports from Brazil include amongst others vegetable products, coffee, prepared food stuff, beverages, spirits, vinegar, tobacco and manufactured tobacco substitutes, chemicals, plastics, grains, footwear items, glassware, ceramic products, jewelry , iron and steel.
Fiji and Brazils interest in the multilateral negotiations in the Doha is linked with the ‘W 52 sponsor” of countries in the negotiations on trade related intellectual property rights (TRIPS) in particular on geographical indication and disclosure.
The opening of Fiji’s Embassy in Brazil follows the successful opening in April this year of Fiji’s Embassy in Jakarta, Indonesia and the opening later this month of our new Embassy in South Africa.
The establishments of these new Missions are in line with Pillar 11 of the Peoples Charter which is, “Enhancing Global Integration and International Relations”. Under this Pillar:
“Fiji must reassert itself to regain its rightful place in the regional and international family of nations. Improved foreign and international relations are essential for achieving this. Our representations overseas will be boosted to ensure that Fiji’s vision and aspirations is well understood by our trading and development partners.
Enhanced global integration and partnerships will result in increased trade and cooperation including technical assistance and aid for trade. Bilateral and multilateral arrangements will be actively pursued with our development and trading partners. Fiji will strengthen its investment and trade facilitation through enhanced negotiation capacity and improved trade infrastructure.”
The opening of Fiji’s Embassy in Brazil is to be done later in the year.


Tuesday, July 12, 2011

Lau Provincial Council's Newest New Chair.

FBCL - News

Bole is new Lau Provincial Council Chairperson

Wednesday, July 13, 2011


Filipe Bole is the new chairperson of the Lau Provincial Council – replacing Adi Ateca Ganilau who was elected into the position yesterday.

The decision was made this morning after government asked the Bose ni Yasana to reconsider the leadership of the Council – following an outburst by Adi Ateca against the Peoples Charter and the government at yesterday’s close of session.

Commissioner Eastern Lieutenant Colonel Neumi Leweni told FBC News government made it clear that assistance to the province and the people of Lau would continue and not be affected – but they would not be able to work with Adi Ateca after the comments she made.

The delegates were asked to deliberate further on the stance of the chairperson – due to her outburst yesterday – in which she clearly showed her intention that she is not willing to work with government.

That’s the gist of government’s message this morning – that if this is the stance of the chairperson, it is unfortunate and government will not be able to work with someone who does not see eye to eye with government’s development plans.


Leweni adds the Council was given an hour to discuss the issue and after deliberations appointed Education Minister Filipe Bole as chair.


He says they had no problem with Adi Ateca’s election as chair until she made the outburst.
Prime Minister’s Office official Kisoko Cagituivei told FBC News Adi Ateca agreed to step down after Leweni told the Council government could not work with her.

The forced resignation of the Adi Ateca Ganilau, the elder sister of the fugitive Tevita Mara, was an inevitable outcome, following her unwarranted remarks.

Adi Ateca Ganilau steps down from Chairman’s post
Publish date/time: 13/07/2011 [13:11]


The chairperson of the Lau Provincial Council Adi Ateca Ganilau who was appointed yesterday has stepped down from the post in the last hour.

As the final day of the Provincial Council meeting continues in Nadi, Education Minister Filipe Bole has now been appointed as the Chair of the Lau Provincial Council while his deputy is Roko Josefa Dalainauluvatu.

Adi Ateca Ganilau stepped down after one hour was given by Commissioner Eastern Lieutenant Colonel Neumi Leweni to the 40 official council members to sit together at the meeting venue and discuss the importance of development in the province and the benefits of supporting the People’s Charter.

Lieutenant Colonel Leweni addressed the council members this morning after Adi Ateca said that she does not support the People’s Charter and the leadership.

Lieutenant Colonel Leweni told Fijivillage after his speech that the Chair and members of the Provincial Council should think of the people of the province of Lau and set other issues aside that would hinder the developments in Lau.

He also said people should remember that the Provincial Councils are governed by the I-Taukei Affairs Act and are fully funded by the government.

The Lau Provincial Council had supported the People’s Charter when it was first taken around to the councils.

Lieutenant Colonel Leweni said he cannot say why Adi Ateca decided to reject the Charter yesterday despite the earlier endorsement of the council.


Story by: Vijay Narayan and Tokasa Rainima

Ganilau's departure from helm of the Provincial Council, is in no uncertain terms, a recognizable and irreversible flushing out of individuals with ties to Tevita Mara (currently in Australia) and the final nail to the coffin of the Mara clan, politically speaking.

PM directs return of reef to Oneata

Wednesday, June 15, 2011

Taken from / By: Google

Prime Minister Commodore Voreqe Bainimarama has instructed Fisheries Permanent Secretary Commander Viliame Naupoto to freeze all licenses and regulations with regards to the qoliqoli rights of the people of Oneata to their reef - known as Bukatatanoa.

Oneata elders told the PM on the island last night that the qoliqoli rights to the reef was given to Ratu Sir Kamisese Mara to manage in 1979 - as he was to advise them on how best the reef should be utilised.

However two years ago, according to the elders, Ratu Tevita Uluilakeba Mara informed them that the Bukatatanoa reef qoliqoli rights now belonged to the Tui Lau, and this was gazzetted through the Department of Fisheries.

FBC News has sighted documents that the reef was gazetted to the Tui Lau in 1994 under then Native Fisheries Commissioner the late Navitalai Navunisaravi.

Oneata elders say this was done without their knowledge, nor were discussions or meetings held on the matter, and they did not raise the issue further - out of respect.

However last night, the elders raised their concerns with Bainimarama who directed that all rights governing the reef be re-looked at, and that only the people of Oneata would be able to use and manage the reef.

Report by : Apisalome Coka


The Mara legacy of decade long dominance to provincial affairs in Lau, has overlapped to questionable business ties. 
One particular case of Bukatatanoa reef involving the Mara clan's sense of patrimony, that abuses their cultural authority to a degree bordering on criminal.


Bainimarama reverses Mara rule
Writer : Losalini Rasoqosoqo in Lau
6/16/2011

Prime Minister Commodore Voreqe Bainimarama has reversed a decision made by the late Tui Nayau, the late Ratu Sir Kamisese Mara.
This is over the ownership of Bukatatanoa Reef at Oneata
Commodore Voreqe Bainimarama, on a week-long tour of Lau, met Oneata islanders on Tuesday night.
During the meeting, he ordered proceedings to start for the return of Bukatatanoa Reef to Oneata islanders after it was gazzetted in 1994 that the reef belonged to the Tui Lau, Ratu Mara.
The reef was given to Ratu Mara to manage then through his status as Tui Lau. The elders told Commodore Bainimarama that the fishing rights to the reef was given to Ratu Mara to manage in 1979, as the Tui Lau.
Fiji Sun gathered that it was gazetted to the Tui Lau (Rt Mara) in 1994 under the then Native Fisheries Commissioner, Navitalai Navunisaravi.
The elders say this was done without their knowledge, nor were discussions or meetings held on the matter. They said two years ago, Ratu Tevita Uluilakeba Mara, son of Ratu Mara, informed them that the Bukatatanoa Reef fishing rights now belonged to the Tui Lau.
Ratu Tevita is now labelled a fugitive after he fled to Tonga recently while facing a sedition charge.
Commodore Bainimarama told the elders that the traditional fishing grounds, their rights and ownership, would be given back to the people of Oneata.
He told them that there would be no more licenses issued for fishing in their traditional fishing grounds or i qoliqoli.
Prime Minister Bainimarama gave instructions to the Fisheries Department Permanent Secretary, Commander Viliame Naupoto, for all fishing licenses to be stopped so that the people of Oneata can enjoy their rights to the Bukatatanoa, a reef believed to be rich with seafood.
Commodore Bainimarama met Oneata islanders at Waiqori Village.