Sound & Fury?

Australia Network News (ANN) covering the allegations of Fiji Independent Commission Against Corrruption (FICAC) and political interference.

FICAC website

There is much to be said about interference, whether it involves cases in Fiji or abroad concerning political interference in judiciary, the effects of judicial activism or both.

In this regard it is based on allegations made by a Sri Lankan born, former FICAC prosecutor, Madhwa Tenakoon . ANN posted video,  interviews Radio Australia host Bruce Hill, whose full audio interview is posted subsequently.

FICAC is independent – Sayed-Khaiyum
Fiji Village
Publish date/time: 17/08/2011 [09:13]

The Attorney General stresses that the Fiji Independent Commission against Corruption is an independent body investigating and prosecuting cases of corruption.

Aiyaz Sayed-Khaiyum has rejected the claims made on the ABC by Sri Lankan lawyer and former Manager Legal for FICAC Madhwa Tenakoon of political interference.
Sayed-Khaiyum said Tenakoon was dismissed for under performance. He said Tenakoon’s information is not credible.

Story by: Vijay Narayan

Radio Australia Pacific Beat, Audio (MP3 posted below) [Segment on Fiji 0-15mins]

ICJ to investigate Fiji legal allegations

Radio Australia
Updated August 17, 2011 16:45:08

The independence of Fiji's legal system is to be examined by the International Commission of Jurists, following allegations of political interference.

The claims were made on Radio Australia by a former senior prosecutor with Fiji's Independent Commission Against Corruption, Madhawa Tenakoon.

The Sri Lankan lawyer says individuals have been targeted for prosecution because they are opponents of the coup installed military government.

However Sri Lanka's honorary consul in Fiji, Ajith Kodagoda, says none of the other Sri Lankan lawyers or judges working in Fiji have complained to him about interference by the government in their work.

But John Dowd QC, President of the Australian branch of the ICJ, says the allegations from the former FICAC prosecutor are serious and warrant further scrutiny.

Presenter: Bruce Hill
Speaker: John Dowd QC, President of the Australian branch of the International Commission of Jurists; Ajith Kodagoda, Sri Lanka's honorary consul in Fiji


DOWD: We will examine the issue as best we can. I'm here in Bangkok at our regional office at the moment and we need to highlight this. The Fiji government is obviously very concerned about what other organisations think about it, so we will examine the matter and try and bring pressure to bear on them to set up perhaps with the Commonwealth Heads of Government meeting some examination of Fiji to see what can be done to bring it back into rule of law.

HILL: Mr Dowd believes Fiji's legal system faces a fundamental problem of legitimacy.

DOWD: Once you get an illegitimate regime and this regime of course is not set up under the Fijian Constitution, you're bound to have this sort of problem. The difficulty that when they approach judges to sit there is that the judges are in fact not exercising proper legal authority, but that doesn't stop judges getting the decision right. The fact that they're legally supporting the regime doesn't mean they won't do the right thing.

HILL: But Sri Lanka's honorary consul in Fiji, Ajith Kodagoda, insists that the allegations of interference are coming from only one Sri Lankan lawyer. He says none of the other almost two hundred Sri Lankan legal professionals working in Fiji have complained to him.

KODAGODA: Nobody Bruce has brought any of this to my attention officially, none of the prosecutors or the lawyers or the judges. About two years ago, the Fiji government made official representations which has been for assistance in filling up some of the division we can see in Fiji and then I made contact with my counterpart in Australia, the High Commissioner and also the foreign ministry in Sri Lanka, and the Sri Lankan government officially from the president onwards sanctioned, the judicial officers to come and work in a friendly country even Fiji. So as far as I'm aware of it, it was done with the sanction of the Sri Lankan government and most of these officers are no pay leave or they're on all paid leave, so they are almost seconded to be serving the Fiji judiciary.

And at this stage we've probably got about 30 officers working in the judicial capacity. I've really personally heard no complaints from anybody. I understand this particular officer was dismissed by the FICAC about three months or two months ago, so he's apparently alleging that there are allegations that there was interference in his work which he didn't bring to my notice here. So like I said, nobody's complained to me as of now.

HILL; Are these allegations any source of concern for you though?

KODAGODA: Very hard to ...(inaudible) because nobody has made any specific allegations to me in my capacity as honorary consul. If somebody was uncomfortable, I would expect them to come and talk to me directly, if they're intimidated in any way or if there is any influence on them, then I would really expect them to come and talk to me. Apparently he's been working here for two years, so I don't know if he was uncomfortable, why he continued to work in Fiji for that long. And this particular case that he's talking about I think came in front of a Sri Lankan high court judge and I think the case was dismissed anyway. So I expect all the judicial officers here to be totally independent and so far I haven't had complaints from either party. This has been going on, the judicial officers have been coming here before my time 1980s onwards.

HILL: The ICJ's John Dowd says overseas lawyers and judges should stay away from Fiji entirely.

DOWD: The regime is not legitimate under the rule of law, the regime is not under the Constitution, therefore any judge that takes the position gives legitimacy to regime that's illegitimate and we in the ICJ are opposed to people taking positions. It doesn't mean that they won't do the right thing when they get there, but it's not legally the right thing, because of the lack of constitutional basis.

HILL: Do you think that judges from places like Australia and New Zealand and the UK should be prevented from taking jobs in Fiji or should there be sanctions against them once they return home?

DOWD: No, I don't think what they do in other countries is a matter for them, it's not for Australia to interfere, it's for Australia to protest.

Club Em Designs

Corruption Charges Proceed.

Thursday, May 28, 2009

From Croz Walsh's blog:

(+) Corruption Charges Proceed

A little reported event in early May was the three-day visit to Fiji of a UN delegation there to assess Fiji’s compliance with the United Nations Convention Against Corruption (UNCAC). The team is reported to have said the Fiji Independent Commission Against Corruption (FICAC) showed promise and needs government support.

Papua New Guinea and Australia are also parties to UNCAC from the Pacific, but only Fiji has volunteered to be part of the pilot review programme.This is probably because getting rid of systematic corruption in the civil service was a major reason given for the 2006 military takeover.

Government opponents have ridiculed this motive, and made much of FICAC's lack of success in obtain convictions against those charged with corruption. As previously stated, this an incredibly
difficult task without forensic accountants, that only countries like NZ could have supplied. But last week (22 May) we reported on one case under the heading "Corruption Charges and Pitiful Waste."

Since then charges have been laid against a Cakaudrove Provincial counsellor for allegedly receiving a four-wheel drive vehicle in exchange for supporting a contractor's bid for major roadworks. And today's Fiji Sun reports an FICAC application for a retrial against former Fiji Ports Corporation Limited chairman, Sialeni Vuetaki, who allegedly approved payment of $177,000 to the Ports CEO without authority of the Board or Higher Salaries Commission.

The Government entity most charged with corruption is the Ministry of Works (the old PWD) where over $300,000 has been allegedly misappropriated. In the past two years 27 employees have been dismissed for various offences and a further 12 employees are under investigation.

The Ministry investigation team, working in cooperation with the FICAC, thinks there has been a drastic reduction in corrupt practices and believes that by the end of this year it can confidently claim to have curbed corrupt practices. Fiji Daily Post. For further information about FICAC and its website, click here.

Fiji's Corruption Commission Wins Legal Challenge.

Radio NZ article reports on a case heard in Lautoka High Court, which dismissed an application to have the Fiji Independent Commission Against Corruption declared illegal. This particular case also represents a significant boost to the mandate of the clean-up campaign, undertaken by the Interim Fiji Government, which found massive irregularities in Native Institutions.

These discrepancies, could find the deposed Prime Minister of Fiji, Laisenia Qarase culpable for abuse of office. Earlier, Qarase had denied abusing his position to enrich himself or cordoning corrupt practices under his watch. Qarase counter accused the Corruption Unit of selectivity, by steering the investigations clear of the Fiji President, who was also appointed as President of Native Lands Trust Board, while Qarase chaired the board. Qarase's accusations, actually acknowledges that, the crime(s) took place.

It was during this time, approval of several questionable projects involving Pacific Connex and the illegal de-registering of native land without consent or approval of the native land owning units occurred. Other case that may involve Qarase includes the projects at Natadola and Yaqara; both locations of proposed major development projects, without the ownership and approval of the landowners. These projects placed NLTB and Fijian Institutions under scrutiny following complaints, involving coercion, misrepresentation and transactions under false pretenses.



Seed Newsvine









Club Em Designs

Breach of Trust.

Fiji Village article reports on a presentation by local USP academic, highlighting the increase of Native Lands Trust Board's expenditure rate, as well as identifying some irregularities in accounting standards.

This is an excerpt:

Concerns Raised Over Increasing NLTB Expenditure
By fijivillage
Jul 3, 2007, 15:00

Concerns have been raised on the increasing rate of expenditure by the Native Land Trust Board since 1975.

USP senior lecturer Dr. Mahendra Reddy during his presentation at an Economic Forum at the Marine Lecture Theatre this afternoon highlighted that NLTB's expenditure is increasing by over 32 percent per annum.

Reddy said he has found out that the NLTB is not following proper Accounting Standards. He said the income statement has been misrepresented and the whole accountability of the transactions of the contract with Pacific Connex is not shown.

Reddy said NLTB is also charging rates and not informing its shareholders about dividends. He also said that he doubts that NLTB is registered with registrar of companies.

It seems that more landowners have lost their faith and trust with NLTB, like this group from Vanua Levu who complained about the lack of consent for lease renewals, as reported in a Fiji Times article.
The aspect of NLTB's secret slush fund has been reported in a Fiji Live article, describing NLTB loaning money to the developers of Denarau Resorts in Nadi.

This is the excerpt:

NLTB recovers Denarau debt
Thursday June 26, 2003

The Native Land Trust Board has recovered the outstanding amount from a $2million loan to Denarau Investments Limited.

NLTB general manager Kalivati Bakani said yesterday the $2million loan was made to Denarau Investments Limited from the NLTB's trust funds while under the management of the late Maika Qarikau. The loan was to enable the company to develop the Hilton Hotel on Denarau.

Mr Bakani said the loan was originally scheduled to be repaid by July last year. However, following requests from the company, the board agreed to allow some deferment.

"At the beginning of June we served a demand on the company after which the outstanding amount was repaid in full," Mr Bakani said. The repayment covered interest and other charges.

Mr Bakani said the board was happy with the development because it involved trust funds that belonged to native landowners.

The Daily Post

It seems that NLTB has gone into the money lending business, after skimming funds from transactions from native land owned by poor villagers. It raises some moral questions, of why NLTB could not loan funds to the landowners themselves to assist in developing the land. Sadly, it seems the interests of native landowners has become a tragedy of the commons of sorts.
Serious questions are now being asked of NLTB's financial position, especially after the series of firing from NLTB's executive core, including Kalivati Bakani.

Following up on the post "Fiji Media and Ethical Deviations" Interim Finance Minister responded to the Fiji Times Editorial with a letter.

The following is an excerpt:

Get real

It is interesting that The Fiji Times in its editorial comment titled Get Real Mr Chaudhry (FT 2/7) is doing exactly what it accuses me of doing: shooting the messenger.

Indeed, it has stooped to character assassination rather than responding on issues.

I gave the media a message on Saturday: that continuous distorted and negative reporting by the media was having an adverse effect on investment.

Certain media organisations were not even providing fair and balanced news news doctoring, manipulation, distortion and even prejudice were plainly apparent in the reporting of The Fiji Times and Fiji TV. I did not make wild accusations. I cited a number of examples to back my statement. The Fiji Times should now tell the nation why it chose not to print the examples I gave.

In failing to do so, is it not guilty of selective, doctored news reporting?

Furthermore, I did not take a swipe at the media out of the blue. I spoke in response to a query during the question and answer session on whether negative media reporting was not turning away investors. I spoke in response to this question.

The Fiji Times deliberately chose not to put my statement in its proper context.

In fact, the Fiji Chamber of Commerce also criticised the media but I see no mention of this in The Fiji Times coverage. Again selective reporting?

I reiterate that during the current sensitive phase of our national transition, the media has a responsibility to exercise due caution in its coverage of reports relating to national issues. This is not to say that it must not report news as it happens. All I ask is that the views and explanations of the interim administration, get as fair and balanced coverage as that of the other side.

This does not always happen. It is frustrating when one issues a statement in explanation or responds to an attack, to find that either the statement is ignored, or just one short sentence or a paragraph is used which fails to adequately articulate the view point of the person responding.

I have had several such experiences with The Fiji Times.

This is what is meant by unfair and unbalanced reporting. A case in point: when the PM's office issued a statement in response to certain aspects of Ratu Joni Madraiwiwi's speech in Canberra, The Fiji Times did not bother to run the government reply. On inquiry, a highly abbreviated version appeared some two days later.

It is onerous on the news editor of media organisations to ensure that, on sensitive national issues, at least, both sides get adequate and fair coverage.

In its editorial comment The Fiji Times says: "Any responsible media will not want to mislead or deliberately lie to the people". The operative word here is, of course, responsible. The paper refers to letters in the open column as an indication of public opinion.

We all know a number of these letters are from ghost writers. In any case, we are often told by people that letters they write in support of actions of the interim administration do not get run by The Fiji Times. So much for responsible presentation of viewpoints.

I also refer The Fiji Times to criticisms of bias and unfair reporting leveled against it in 2000 by none other then the former Head of the School of Journalism at USP, David Robie, in an address he gave to a media forum in Brisbane. He held The Fiji Times responsible, in no small measure, for inciting the 2000 crisis.

The Fiji Times should know that I am not in the habit of making wild attacks. If I criticised certain media organisations, it is because I had reason to do so. And I stated my reasons.

Let me make it categorically clear: the media is not entitled to unfettered freedom it is accountable to the people.

Alongside the freedom it enjoys, goes very stringent responsibilities regarding media ethics and national sensibilities.

The Fiji Times takes an unfair advantage by shooting volleys from behind its editorial columns.

I invite it to a public debate on this issue. At least, this will give me the opportunity to present my case fully supported by all the evidence. Let the public then decide on who indeed is shooting the messenger.

Mahendra Chaudhry
Interim Minister for Finance
National Planning and Sugar Industry

Editor's note: Mr Chaudhry feels we have just been reporting negative news. In the main we agree because the news has been negative. That is not our fault and we do not believe we have slanted or doctored it. The Reserve Bank says the economy is in crisis and Mr Chaudhry himself on Saturday said the economy was in a bad shape. We would love to report good news but we need facts and figures, not just words.

(Examples withheld by Fiji Times)

This newspaper has tirelessly campaigned for the good of our nation and will continue to do so that is our job and we take it seriously. We have praised the interim Government on those occasions we have considered it has done something right. We have condemned it when we believed it has been wrong.

We did the same with past governments and we will do the same with future governments. We believe the interim Government needs to get behind tourism. It is the quickest and easiest way to bring in money to this country. Mr Chaudhry's dream of a once again buoyant sugar may happen but not 'overnight' and right now this country needs an 'overnight' solution. Give us the facts and figures to back your good news Mr Chaudhry and we will print it.

Fiji Times website had provided a link to a comments page, discussing the story of Fiji Times unbalanced coverage. This link was then hidden and further comments blocked by the webmaster, to prevent the page from taking on too many comments critical of Fiji Times. An example of double standards of Freedom of Expression, used by the old media.



Seed Newsvine









Club Em Designs