Above Image: Papua New Guinea P.M, Sir Micheal Somare and Fiji P.M, Laisenia Qarase at the recent South Pacific Forum meet.Despite being tainted by his legal maneuvering in post-2000 coup events; Chief Justice of Fiji, Daniel Fatiaki has made a bold declaration in an Fiji Times article that, brutally casts aside any significant research done by experts of neuro-science, sociology and anthropology.
Fatiaki 's hypthesis is that, Fijian youth are no more pre-dispositioned to undertake criminal acts than any other ethinicity in Fiji. His remarks are based soley on the data sourced from criminal files. Any readers of S.i.F.M's post-Morality of Fiji Politics may find some dichotomy in the methodology used by the Chief Justice.
This is the excerpt of the article:
Youths lack parental guidance, says Chief Justice
Thursday, November 23, 2006
Fijian youths are no more criminally inclined than youths of other ethnic groups, says Chief Justice Daniel Fatiaki.
Speaking at a youth forum on Education, Youth and Justice in Suva yesterday, Justice Fatiaki said almost all youths with criminal convictions were committed by those who came from broken homes where parental guidance and control were absent.
"Six out of 10 times, the cases are linked to alcohol and drugs, to which the suspect pleads guilty," he said.
The cases are sufficiently recurrent to warrant closer examination, Justice Fatiaki said.
He said the rural urban migration was a contributing factor particularly because children were forced to leave their parents and communities to further education in urban schools, he said.
Justice Fatiaki said the location of secondary schools and tertiary institutions needed examining, as well as an overhaul of the school curriculum to redirect it from academic subjects to one that identified talents and abilities.
The changes need to come at an earlier stage than present, he said.
"The disruption and upheaval caused by these young boys and girls in being removed from the stable, caring and loving protection of their parents and traditional village and being thrust into the new unfamiliar, and indifferent surroundings of an urban centre with its permissive lifestyle, cash economy and numerous distractions is plainly obvious," Justice Fatiaki said.
These cavalier assertions on the human behavior by a flawed legal expert, lacks any in-depth scientific evidence and in the same stroke makes a mockery out of the professionals who diligently apply their knowledge in science. Perhaps the Justice could have just published his opinion in a academic paper for perusal at a reknown publisher of Scientific journals.
Controversial decisions are no stranger to the present Chief Justice of Fiji. This report from International Commission of Jurist outlines a decision by Justice Daniel Fatiaki.
Here is the excerpt of the Commission's report.
Following the 19 May 2000 coup, the military Commander Bainimarama assumed executive authority and began to rule by decree. Apparently, the Chief Justice, Sir Timoci Tuivaga was involved in drafting the Administration of Justice Decree No.5 of 2000. The Fiji Law Society received information about the Chief Justice's offering advice to the military government and wrote on June 9 2000 to the Chief Justice to express its concern. In his response, Sir Timoci Tuivaga confirmed his involvement in drafting the Decree and justified his actions by arguing that he "took the opportunity that had presented itself to ensure that the Administration of Justice Decrees of the military government took cognisance of the freedom and independence of the courts to maintain a system of law and order and justice in the country". The Chief Justice also stated that this was his pragmatic approach to the fact that "the 1997 Constitution has been unable to provide a solution to the current political and constitutional morass in the country."
It seems that most lawyers in Fiji are still deeply dismayed at the Chief Justice's conduct. However, certain judges have supported the Chief Justice. Justice Michael Scott of the Suva High Court wrote individually to the Law Society in response to the Society's letter stating that there is no possible justification for the Law Society's "nasty, cliché-ridden, and almost hysterical" protest letter. Justice Scott went so far as to refuse to allow Ramesh Prakash, a senior lawyer, to appear before him in order to argue a case for a client. Apparently, Justice Scott's refusal is linked to the fact that Prakash was one of the eight members of the Law Society that endorsed the letter to the Chief Justice. Justice Daniel Fatiaki criticised the Society's letter saying that it was "needlessly provocative, blatantly discourteous and unduly censorious".
Pacific Island Business published an opinion article from Auckland based writer Rajendra Prasad and author of book "Tears in Paradise". This is the excerpt of the piece.
Restive army -an anxious State
Since the mutiny, Bainimarama has not rested. He changed from a reluctant and vacillating commander during the coup to one who has put others on their toes... However, the Government also strengthened its position since its election in 2001...
Rajendra Prasad in AucklandFri, 3 Nov 2006VIEWPOINT
A restive army is a fear for every nation and when the Prime Minister and other government ministers respond to the media with "no comments" it means that the fear factor has registered. Recent threats to the Government by Commodore Bainimarama, commander of Fiji's army, are a cause for concern and anxiety in many circles. The situation arises from the Government's insensitivity towards the army that suffered the deaths of eight of its soldiers in a mutiny. The mutiny followed the May 2000 civilian coup, which left a divided army and an edgy nation.
Interestingly, following the May 2000 coup led by renegade George Speight, it was Commodore Bainimarama who installed Lasenia Qarase as interim Prime Minister to head an interim administration. Those that comprised the interim administration were largely from the Fijian extremist fringe. They were quietly celebrating the restoration of political power in their hands while the deposed Prime Minister, Mahendra Chaudhry, and many of his parliamentary colleagues, after being incarcerated in the Parliament Buildings for 56 days, were left to ponder their future, as Indo-Fijians were rudely reminded that their future remained precarious in this enigmatic land.
The interim administration, until it went to the polls in August 2001, contrived its own elaborate plans to entrench its power. A clandestine plan was to remove Commodore Bainimarama as the head of the army and appoint someone more amenable to its sinister designs. In covert operations, the army was infiltrated by those sympathetic to the interim administration. They successfully destabilised the army, which led to a mutiny with dire consequences. However, the objective of the mutiny was not achieved and Commander Bainimarama regained firm control of the army.
Since the mutiny, Commodore Bainimarama has not rested. He changed from a reluctant and vacillating commander during the coup to one who has put others on their toes, some on the edge of the cliffs and a few prominent chiefs in jail. However, the Government also strengthened its position since its election in 2001 that had returned those anointed nationalists.
They had unfinished business. Their debt of gratitude to those who executed the coup now languishing in jails, including Speight marooned on Nukulau Island, was like a millstone around their necks. Having regained power through the works of those blessed hands they had an obligation to reward them for their courage, bravery and sacrifice. In their eyes, they were worthy recipients of indigenous awards for their feat and spending their time behind bars was a slight to the indigenous dignity.
However, the army was firm and it insisted that the perpetrators of the coup, including some of the high chiefs that included the Vice President, Ratu Jope Seniloli, Tui Cakau and Minister for Fijian Affairs, Ratu Naigama Lalabalavu and Qaranivalu Ratu Inoke Takiveikata bear the full brunt of the justice system. The Government could not evade and the heroes of the 2000 coup soon found that they backed the wrong horse.
Many observers hold that if it were not for the insistence of the army none of those involved in the execution of the coup would have faced the justice system. Arguably, the 1987 coups had emboldened the chiefs and coup makers to be as defiant and daunting as Rabuka and his associates who were granted immunity from prosecution. With such knowledge and assumption that the army would align itself to the indigenous cause, the chiefs and their rowdy supporters became bold and adventurous.
In their flight of madness, they made another cardinal error in cruelly removing Ratu Sir Kamisese Mara, President and Fiji's most powerful chief. It did not feature in the initial stages of the coup as the indigenous flag was wildly waved to garner support of the Fijian people. The indigenous call invited hysteric and frenzied response from the ordinary Fijians who gravitated to the Parliamentary complex en masse to support the indigenous cause, unaware that it disguised the removal of Ratu Sir Kamisese Mara.
They came and met and shook hands with their newfound hero in George Speight. Already the Counter Revolutionary Unit of the Army that joined him to support his cause buoyed him. The parliamentary complex became a stage for theatrics where George Speight performed his feats with masterly skill to the joy of his followers. In the later stages, once the emotions welled and the road of reason was lost, George Speight became more spirited and daring.
He laid down his conditions for the release of his hostages, which included the removal of Ratu Sir Kamisese Mara from his position as President. The groundswell of support that Speight had gathered provided him the ammunition to dictate. With its armoury looted, the army was unsure if it could assure security of the President and his family. The army relented and it is reported that Commodore Bainimarama, with former Prime Minister Rabuka, prevailed upon Ratu Sir Kamisese Mara to step down from his office presumably on the grounds that the army was not in a position to guarantee his security and that of his family including his daughter Adi Koila Nailatikau who was one of the parliamentarians held captive by the Speight group.
Without the support of the army, a chief who earned laurels for his country and people had never imagined that, at the sunset of his public life, his own people would betray him. He stepped down from his position under duress. This singular event would go down as the greatest betrayal of a high chief in the annals of Fijian history.
Undoubtedly, this event took its toll and Fiji's greatest chief and political leader never recovered from it. Commodore Bainimarama has not spoken much about this sordid affair but some observers claim that he carries the guilt of having failed his own chief and being party to his crude banishment.
This, together with the attempt on his life, has transformed him and he is out to avenge what was inadvertently lost in the sad saga of Fijian politics. He is now poised like a tiger, to use the muscle power of his army to ensure that the Government does not engage in activities that are immoral and unjust. The proposed Promotion of Reconciliation, Unity and Tolerance Bill and Qoliqoli Bill have earned his wrath. The Promotion of Reconciliation, Unity and Tolerance Bill was blatant in its intent to facilitate the release of those convicted for their involvement in the 2000 coup but the title given to the Bill was a monstrous lie. It had nothing to do with reconciliation or redressing the pain and suffering inflicted on the Indo-Fijian community but to facilitate the release of those who were convicted and jailed for coup-related offences.
Ignoring the above, many critics have questioned the need for Fiji to maintain such a large army that consumes millions of dollars of state resources. Fiji has no external threats nor is it torn by any internal strife that the police cannot handle. There is no doubt that there is intense racism in Fiji but unlike other countries, it has not descended into to violence or confrontation mainly because Indo-Fijians, are not attuned to violence and it poses no threat for the future that intervention of the army may be required.
If it was meant to dislodge any Indo-Fijian Government and restore it into the indigenous hands then it was achieved in 1987. However, in May 2000 coup, a group of civilians achieved the same objective virtually with sticks and stones at a fraction of the cost negating the need for massive intervention of the army. What little the army was called on to do could have been attained by the Police Mobile Unit.
Historically, what was considered an army that would acquiesce to the interests of the Government and Fijians is now at odds with it. The Government has real problems on its hands as it cannot disband the army or remove Commodore Bainimarama. It is a situation identical to what the Chaudhry Government suffered when the NLTB acted unilaterally in 1999/2000 instigating landowners to evict Indo-Fijians from their land except that the threat posed by the army to the Qarase Government is far more serious.
I think it was President Kennedy who admirably captured his thoughts saying that governments who chose to ride the tiger of terrorism (army) to rob their way to power may one day find it difficult to dismount and may even find themselves inside its stomach. Some people leave their imprints through their walks and some through their talks. We need to take heed of their wisdom to retain our sanity and our path to attain that intricate balance.
Rajendra Prasad is former town clerk, Ba and author of "Tears in Paradise - Suffering and Struggles of Indians in Fiji 1879-2004" (Revised Edition 2006). The views expressed are those of the author and not necessarily subscribed to by islandsbusiness.com.
| On the other end of the spectrum of orderly chaos, the Fiji Army has revealed to Fiji Village news, part of their intelligence on evidence supporting the notion that, pressure was forced on Fiji Police Commissioner Hughes to investigate the Fiji Army Commander for sedition. Frank Bainamarama is currently visiting relatives in New Zealand and has remarked that all will be revealed on his return to Fiji. |
This interference of the Police Force has amounted to the non-completion of crucial investigations relating to the 2000 coup. Added to that, other similar descriptions of corruption has surfaced during the High Court trial of Kunatuba; who was recently found guilty by accessors.
On the surface the Police investigations into the Agricultural Scam was relatively straight forward. However, there are loose ends that stick embarassingly out and make the public think otherwise. For an example, Pacific Islands Report article published the matter of Inspector Ali and his removal from the case as primary investigator.
The excerpt of this article is as follows:
PACIFIC ISLANDS REPORT
Pacific Islands Development Program/East-West Center
With Support From Center for Pacific Islands Studies/University of Hawai‘i
FIJI PRIME MINISTER IMPLICATED IN FRAUD CASE
By Harold Koi
SUVA, Fiji (FijiSUN, Oct. 4) – Fiji Prime Minister Laisenia Qarase and other Cabinet ministers were suspects in the multi-million-agriculture scam, the High Court was told yesterday.
The trial of the former agriculture permanent secretary, Peniasi Kunatuba, continued with the leading investigator Inspector Nasir Ali claiming evidence showed there was a conspiracy between senior government officials and hardware company executives.
However, he was removed from the investigation and could not obtain a statement from Qarase and other Cabinet ministers, he said.
Inspector Ali told the court he was stopped from conducting the agriculture scam investigation after he revealed new evidence of fraudulent activity by senior officers within the Fiji Police Force. He said that before he was removed from the scam investigation, evidence he gathered showed there was a conspiracy that involved the former Minister for Agriculture, Apisai Tora, and others.
He told the court that there were also allegations of conspiracy that pointed to the ministers, assistant ministers, executives of Suncourt and RC Manubhai to conspire to defraud the government.
And he claimed the Suncourt hardware store in Nabua was deliberately burnt down to hide evidence.
Inspector Ali said he had written to President Ratu Josefa Iloilo that there was a conspiracy to defraud the government but he was not able to complete his investigations. He said he and his team were unlawfully detained and an official handover of evidence and documents on the scam case was not carried out.
He said he and his team discovered Suncourt Hardware documents revealed fraudulent activity by senior police officers and later ordered that the documents be seized from the police pay office.
Inspector Ali said he was not able to complete his interview with certain prominent people, including Qarase, and other Cabinet ministers over their trip to Rotuma with FJ$300,000 [US$174,418] worth of free farming and fishing equipment.
He said he had planned to interview those that he needed to, despite their positions in the government.
Inspector Ali said the rest of the pending interviews were rounded up by the investigating officer that replaced him. He said certain officers later accused him of involvement in dealings with Suncourt.
The claims jeopardized his involvement in the investigation. Inspector Ali said investigations of Suncourt staff were never carried out after he was removed on September 20, 2004.
He said he was transferred to uniform duties in Nausori and later suspended from the Fiji Police Force.
October 5, 2006
FijiSUN: http://www.sun.com.fj/
Excerpt of Fiji Sun article underlines the extent of corruption within the Fiji Police Force.
Court acquits farm scam investigator
By HAROLD KOI
A police inspector suspended after corruption allegations by other senior officers was acquitted yesterday. Inspector Nasir Ali said he was accused of compromising his position as a police officer while leading a major investigation in the multi-million-dollar agriculture scam. However, Inspector Ali said he had raised complaints against two senior officers when they tried to interferer with the investigation.
“The two then raised allegation against me claiming I had compromised my position as a police officer with Suncourt Hardware that was under investigation then,” he said. Inspector Ali made the same statement earlier when testifying as State witness in the case of Peniasi Kunatuba, the former Ministry of Agriculture permanent secretary who was found guilty of misusing $8million in public funds. Inspector Ali told the court he was removed from the investigation when he complained about the two officers.
He said he was waiting for the decision of Police Commission Andrew Hughes to reinstate him. “I will continue to fight against corruption and make it my business that the two officers involved are investigated,” he said. Assistant Superintendent Fasaitu Kava acquitted Inspector Ali of all allegations because of insufficient evidence. “It had been two years, two months since I was suspended from the force, and I have always maintained my innocence,” he said. “The charges against me were fabricated to defer the investigation in the agriculture scam case.”
Above image: Snapshot of the Fiji T.V segment.Fiji TV news Tuesday Nov. 21st 2006, 6pm segment reported that, Justice Gerald Winters had issued a stern warning to the Daily Post publisher and editor for mis-informing court proceedings.
This is an excerpt of a Letter to the Fiji Daily Post Editor that castigates their opinion page "Qurukutu". The mis-representation from this Government daily has not gone unnoticed from the judiciary as well.
Qurukutu’s cheap talk
22-Nov-2006
Sir,
I HAVE been following your weekly column titled ‘Under the Microscope’ from Qurukutu and they are often laced with innuendoes gossip and cheap talk with a lot of misinformation and distortion.
The Fiji Daily Post, commandeered and run by a first cousin of the Prime Minister is now becoming the official mouth piece of the SDL-led Government using the newspaper to help camouflage the growing nepotism that exists in Government which is fast turning the current administration into being a haven of crooks and self-centred individuals.
The recently concluded High Court case and the impending one on Peter Foster has now surely become a laughing stock for the whole world to see what is now the true colours of some of our representatives in Parliament.
My first suggestion to the newspaper is be true to the apt title of its column and perhaps proceed on a microscopic overview of how the Fiji Daily Post is now the family abode or hide away of yours truly, a son or, the yam expert from Kaunikuila and a daughter and son-in-law combination at the expense of taxpayers’ money.
This is nepotism of the highest order and perhaps in its most glaring example fully supported by fourth floor Government Buildings, which some years ago via their cronies at the Public Service Commission issued a directive that all departments must fully subscribe and advertise all official Government messages in the Post to ensure its continued existence in particular for the family quartet.
Then following this, I will further suggest that they take their microscope and if I may add their cutting edge to the Prime Ministers Office and therein similarly look closer at the flouting of regulations and indeed the existence of perhaps at higher level and degree of nepotism compared to the Daily Post.
Some years ago, a Deputy Secretary recruited her own daughter into the staff establishment of the office following deregulation of intake procedures from the PSC. This did not go down well with his boss who later decided not to interfere since they were all from the same origin I suppose.
However, some months down the line the boss saw the dream of his life and his gift from heaven who was then employed in another ministry which according to prevailing conditions of delegation of powers, a transfer can only be effected through the trade-off of an existing staff member.
This therefore became the neat and best opportunity to alleviate what is perhaps the greatest degree of nepotism in the highest office in the land. Well what happened to that bed of roses is best forgotten, but I would suggest to columnists to have a serious look at other areas in the civil service and assist get rid of corruption, nepotism and affairs at very high places.
If that is still not enough to fill perhaps their daily columns up until the last issue of the year, then these would be other good ones for a try. What about the love affair between two Chief Executive Officers in Government who once attended a seminar in Hawaii under the guise of being husband and wife when he was in attendance in his capacity as Chairman of a leading statutory body. Their more recent government paid trip through taxpayers’ money was to Australia again as Mr and Mrs.
And if that is not enough, what about the case of a mixed blood millionaire who gave $1.5 million to the SDL for its 2006 General Election campaign and who is now getting restless for not being given the correct bargain in as far as a payback agreement is concerned?
What about the 45 sets of rugby jerseys bought under the Taiwan Grant in the Prime Ministers Office during the lead up to the election and delivered to perhaps all corners of the group including the outlying islands?
What about the outboard motors, brush cutters and cooking pots that is often stocked up at the office as a lure or bait to win votes?
Also the countless number of church leaders who benefited in cash or kind from this grant so that they will at all times, reserve their loyalty to the SDL-led Government. The Tamavua Village and Nadera Church Community Halls are best examples.
Definitely, there is more out there than what meets the eye that your columnists and observers will, I believe better expose for public scrutiny and consumption.
Now let me finally turn to the events particularly after May 19 2000 which many will find amusing and of course news to them. At around 2pm that day, George Speight now into the fourth hour of the parliamentary siege and of course with the non appearance of the real perpetrator of the civilian coups decided without any further options to issue three decrees following advice from his legal practitioners of what the appropriate way forward was for the coup plotters.
At the time, the commander was away in Europe on official business. The first of these three decrees was the Fiji Constitution Revocation Decree 2000. Interim Government Decree No. 1.
This decree was dated Friday 19th May 2000 and issued under Fiji Gazette of that day published as the gazette said at the top of the page, by authority of the Interim Government.
In it, the now established coup maker said, in exercise of powers vested in me as Taukei Civilian Takeover Leader, I hereby make the following: 1. This decree may be cited as the Constitution of the Fiji Islands 1997 Constitution Revocation Decree 2000.
The RFMF knows and is of the view that your column is really based on some files now gathering dust at the Fijian Affairs Board in Suva or what your sources like Ratu Epeli Kanaimawi are spreading misinformation as a means to discredit the nation saving role which the army took upon itself in 2000.
There is no denying this fact as now engraved in our proud history. It will rest there for time immemorial becoming a fitting testimony to the men and ‘women of the security forces who toiled day and night and for some paying the ultimate sacrifice to ensure the security of all people of Fiji’.
Also on the same breath, George Speight issued Decree No 2 titled Republic of Fiji Military Forces – Appointment. In this decree, again signing off as Taukei Civilian Takeover Leader, he appointed Colonel Ulaiasi Vatu and Colonel Filipo Tarakinikini as commander and chief of staff respectively of the Republic of Fiji Military Forces.
The third Decree again issued immediately after the first two was titled the Constitution Abrogation – Interim Government and Finances Decree 2000.
This particular piece of legislation enacted by Decree and therefore was forceful as law at the time had among other provisions legitimised the illegal takeover and the appointment of an Executive Council headed by Ratu Timoci Silatolu as interim Prime Minister and furthers the “legal abrogation” of the 1997 Constitution.
Also it was an indication of how those in SDL party and now in Government felt it was time the commander should be removed because they feared that he will forever champion truth and justice to save this country.
Iliesa Cewanivavalagi,
Davuilevu.
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Relaxed and ready for the fun in the annual FMF Games at the Post Fiji Stadium
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