Although, a recent challenge mounted by FLS, on the appointment of acting Chief Justice reported by Radio NZ article; the acting incumbent, Anthony Gates declared in a Fiji Times article that, the Judiciary will continue on as normal.
In an overly dramatic interview with Bloomberg's correspondent, the FLS Vice-President, Tupou Draunidalo labelled the new Anti-Corruption Commission's powers as "sinister" and "draconian". Draunidalo's interview did trivialize the importance of such organization; whilst ignoring the devastating nepotism and wide spread corruption, that was allowed to spread in Fiji without any criminal deterrents in place.
One needs to look no further than the annual Auditor General reports to Parliament, to raise serious questions about the existing system of checks and balances.
Although, Draundalo raised a point that, "power given to the panel, appears to break various sections of the constitution and common law"; exactly how and where these alleged departures from Common Law and the Constitution occur, remains the sole decision of Fiji courts to make and certainly not the privy of Fiji Law Society or its members.
The Interim Attorney General was quoted in a Radio NZ article that, the independent commission would hire some foreign citizens to arrest the growing trend of white collar crime in Fiji. Apparently, it would seem any measure to curb corruption in Fiji would be resisted by the same circle of lawyers; who may be linked to the benefactors of corruption.
Club Em Designs
Are you saying that presumption of guilt and the reversal of the burden of proof are not 'sinister'?
ReplyDeleteAnd if not the "Fiji Law Society or its members", then who will ask the courts to rule on the validity of new 'law'? Last time I checked, the courts did not rule on issues unless requested to.
Do we have a problem with corruption in Fiji? Absolutely!
But a new body, set up by an administration of shaky legal precedent and headed by people of even shakier backgrounds is not gong to lead us to the promised land.
You label Tupou Draunidalo's interview as "overly dramatic", but how else do you describe the bunch of clowns headed by Nasir Ali? He himself doesn't qualify to head the department under the new 'laws' he hopes to enforce: because presumably he is still guilty (until found innocent) of the alleged incompetence for which he was suspended from the police force? Certainly his name was never cleared.
I am dead against corruption, but I am even more certain that I don't want corruption 'rooted out' by people who still reek of it themselves.
That said, the FLS is indeed an inconsistent mess at the moment, and could definitely do with some strong leadership and a little prioritisation.
The Burden of proof will be determined in the Courts.
ReplyDeleteSinister is the aspect of FLS not filling a law suit, to ascertain the legality. It is not their duty to determine what is legal or illegal. Sinister is the aspect of FLS not objecting to the former Attorney General of Fiji(Q.Bale) who was debarred; yet still kept his job as the chief legal officer.
Sinister is the litany of questionable decisions by Q. Bale, that have been declared unconstitutional by the High Court.
On the aspect of Anti-Corruption Bill:Nothing ventured is nothing gained.