MUNRO LEYS' new 'WATERING HOLE': |
SODELPA is crying foul over breach of the Tripartite Agreement that promised Washington, London and Roving Ambassadorship to Sodelpa's lackeys. When will Fiji wake up to follow Australia and New Zealand in the appointments of High Commissioners - of career diplomats? |
MOSESE TIKOITOGA: MASTER Torturer of High-Profile Fijian Civilians |
*The former FLP Attorney-General, the late ANAND SINGH (RIP) had claimed to us that he and another political colleague (now we reveal that it was Bune) were taken up to the Nabua military barracks in 2011 and bashed up by balaclava clad bodyguards of the then Prime Minister for hours before they were confined in the RFMF Front Gate Security cells for 48 hours to allow their wounds to heal and before they were interrogated daily for two weeks at CID headquarters.
* Tikoitoga led the balaclava clad hit squad that assaulted the two former FLP political colleagues at the Officers Mess in 2011 when he was Land Force Commander.
*Two weeks later he was promoted by Bainimarama as his new RFMF Commander, perhaps as a reward to carrying out the brutal assaults.
*Now, Tikoitoga is back, and he was recently photographed witnessing the appointment of army deserter Tarakinikini as Fiji's PR to the UN.
*Those close to the Coalition claim Tikoitoga is earmarked for posting to PNG, for he is allegedly close to Rabuka and PAP VP, Colonel Matt Mataitini, who retired from the UN (Security Section).
*As for Tarakinikini, he was never a UN diplomat and after retiring from the UN as a mid-level official on security matters, he was allegedly working as a security guard at a New York shopping complex.
A highly reliable source told Fijileaks:
"Why should a person (Tarakinikini) who disappeared from this country under a black cloud of scandal for well over 20 years and upon return is immediately rewarded with a top multi-lateral diplomatic post ? Why should the taxpayers fund such a person? Military cronyism at work again under the current leadership. God help the poor people of Fiji and hardworking professionals who invested all their profesional years living here and building up this country and would have made a far better and effective representative in presenting Fiji's interest at the UN."
*In 1987, ANAND SINGH found himself at the receiving end of the Father of Coups, SITIVENI RABUKA, whose fanatical racist Tonton Macoutes, and the security forces, were leaning hard on him.
*Based in Lautoka, he had been briefed to defend a fellow Lautoka lawyer Haroon Ali Shah who was being held without charge apparently in connection with the arms that had been shipped into Fiji.
*He was also liasing with New Zealand lawyer Christopher Harder who had been hired to defend a group of Rotumans who had threatened to breakaway from Fiji rather than accept Rabuka's treasonous coup.
*There was also Rabuka's Internal Security Decree under which he was rounding up his opponents and throwing them into military prisons because GOD had whispered into his ears. As Harder records, 'Anand Singh was having a rough time. The security forces were leaning hard on him, his office and home had been broken into twice in the preceding week. Never before had it been broken into. He was representing six of those charged with the gun affair and needed a hand'.
*The harassment and threats continued until Rabuka got his way but in a sweet irony he was defeated in 1999, and the same Singh went on to become Mahendra Chaudhry's Attorney-General, only to be cruelly cut short by Rabuka's copycat George Speight.
*That is why we find it SICKENING when we see or hear Rabuka's 'B*ll greasers' pushing him to lead SODELPA into the 2022 election. This racist destroyed so many lives and has inflicted untold suffering on the likes of Singh and Others.
*To quote Harder again, 'Anand was nervous as we entered the Natabua Prison. He was a sensitive fellow struggling to survive where there was real oppression...'
* May Anand Singh's soul rest in peace.
*And, the USP Vice-Chancellor is also allegedly waiting for his host, the Samoan government, to grant him a DIPLOMATIC PASSPORT, so he can safely return to Fiji and testify against Frank Bainimarama and Sitiveni Qiliho at their trial regarding the USP case against them - for perverting the cause of justice
In 2021, Bainimarama had alleged that proper processes were not followed when Biman Prasad’s wife, Dr Rajni Chand, was appointed by Ahluwalia as USP’s Director for the Centre for Flexible Learning.
| Fijileaks: |
"It is strongly recommended that the VCP and the COO [Chief Operating Officer] relocate to Laucala campus to effectively manage the University. Laucala is the hub of academic and administrative activities, and they need to be in proximity to the largest number of faculty, staff, students’ and external stakeholders which is vital. Being located at the Main Campus or Headquarters allows the Vice Chancellor & President to obtain first-hand understanding of the pulse of the University which informs decision-making and facilitates effective leadership and management of the institution."
27 April 2023, Staff Report and Recommendations to USP Council
www.fijileaks.com/home/uspgate-sacked-professor-janusz-jankowski-had-exercised-the-usps-whistleblowing-policy-to-accuse-vc-pal-ahluwalia-with-litany-of-wrongdoings-i-have-read-emails-accusatory-in-tone-where-middle-grade-staff-have-felt-anxious-and-intimidated-by-vcp-pal
www.fijileaks.com/home/uspgate-usp-staff-report-and-recommendations-to-council-lay-bare-dysfunctional-state-of-affairs-under-vc-ahluwalia-staff-departures-indicate-usp-no-longer-employer-of-choice-for-regionals-or-expatriates
Meanwhile, Prasad greases the backside of PACIFIC POLYTECHNIC with $1million of TAXPAYERS money, an educational institution with links to his WIFE, GANESH CHAND, and GLOBAL GIRMIT INSTITUTE
The five percent increase in corporate tax rate, review of the national minimum wage and three percent excise duty were three of the main concerns raised by Mark One apparel owner, Mark Halabe.
Halabe claims that this step by the government has just taken away a big chunk of the potential for investment, and convincing people to come to Fiji might be difficult.
He claims that with the three percent corporate tax, the eight percent growth forecast for the 2023 calendar year cannot be achieved.
Halabe is a garment manufacturer and an exporter.
The Mark One Apparel owner has called on the Government to review the corporate tax and excise duty in the next twelve months.
“Come to Fiji and bring your raw materials. I’m going to tax you 3% on it. Please. I ask because, as a long-term exporter, I know the consequences of this. I know my customers reactions to this. It’ll be a big negative, but you will save my backside if I can tell them, the Minister will review this in the next twelve months.”
While responding to Halabe, Finance Minister Professor Biman Prasad says that nothing is set in stone and that the government is prepared to revisit some policies if it decides that doing so is necessary in the coming year.
“Well before we save your backside. We’re saving the backside of the country. I take your point. As I explained to you earlier, in my view, it may, of course, have different impacts, slightly more or less, depending on the type of industry you are in.”
Professor Prasad says the coalition Government is determined to listen, to be fair, but at the same time manage the finances well.
Halabe claims that this step by the government has just taken away a big chunk of the potential for investment, and convincing people to come to Fiji might be difficult.
He claims that with the three percent corporate tax, the eight percent growth forecast for the 2023 calendar year cannot be achieved.
Halabe is a garment manufacturer and an exporter.
The Mark One Apparel owner has called on the Government to review the corporate tax and excise duty in the next twelve months.
“Come to Fiji and bring your raw materials. I’m going to tax you 3% on it. Please. I ask because, as a long-term exporter, I know the consequences of this. I know my customers reactions to this. It’ll be a big negative, but you will save my backside if I can tell them, the Minister will review this in the next twelve months.”
While responding to Halabe, Finance Minister Professor Biman Prasad says that nothing is set in stone and that the government is prepared to revisit some policies if it decides that doing so is necessary in the coming year.
“Well before we save your backside. We’re saving the backside of the country. I take your point. As I explained to you earlier, in my view, it may, of course, have different impacts, slightly more or less, depending on the type of industry you are in.”
Professor Prasad says the coalition Government is determined to listen, to be fair, but at the same time manage the finances well.
MISSING: Suddenly the file on Pacific Polytechnic has gone missing, with only page record at the Registrar of Companies Office.
According to the ROC, the PP is registered from 11 March 2021 to
30 March 2032.
* Yet, the Fiji Higher Education Commission has issued a valid certificate to PP from 11 November 2022 to 30 November 2024.
MEANWHILE, a chilling reminder to Coalition where RFMF's loyalty lies, with their former Commander FRANK BAINIMARAMA as they call on him at his (Bainimarama's) private residence. The delegation was led by Lt-Col ATUNAISA VAKATALE, the Commanding Officer of Fiji's largest foot soldiers, the 3FIR, and Chief of Staff Lt-Col ASERI ROKOURA, who was shot in the shoulder during the bloody 2 November 2000 MUTINY. *Among those held hostage was the current RFMF Commander JONE KALOUNIWAI, and among those implicated in the bloody mutiny was the former RFMF commander and coupist SITIVENI RABUKA
Fijileaks: Now, he has repeated his treacherous 'Operation Kidacala', the name he had given to his secret 1987 Coup, on his own MPs and his SODELPA party. He stood up in Parliament, and in the middle of his speech, announced that he was quitting Parliament. What kind of a leader does that - not giving the party he was still the parliamentary leader of - time for an orderly transition. He rained shame upon the party (except upon himself), throwing the party into confusion and chaos.
FROM 1987 BOMBER BOY TO COALITION'S AGED VIAVIALEVU DRAG BUM
THE PRIME MINISTER OF FIJI FOR HIRE:
RABUKA and KOROITAMANA must reveal the total cost of the week-long trip and also Baledrokadroka and Leung must do the same. They are off to hear submissions on GCC, the trip funded by Koroitamana.
*Meanwhile, we are yet to establish that Koroitamana's so-called Divine Fijian Group is a multi-million dollar empire and Rabuka opened DFG's multi-million dollar office in Santa Rosa, California
*What was so SPECIAL, DIVINE, AND SACRED that Rabuka and his entourage had to travel to Santa Rosa, California (allegedly on Koroitamana's expense), for Rabuka to open this 8 bedroom house at 331 Orange St, Santa Rosa, bought by Koroitamana and the family's Divine Fijians Home Care on 21 July 2022 and recorded on 29 July 2022 for $1million.
*We are trying to establish whether the house was bought with $1million cash or on mortgage, for those in the US property market expressed surprise that it lay vacant for a year if it was bought on mortgage.
*According to Santa Rosa estate agents, as a corporate entity, Divine Fijians Home Care would have had to put a deposit of $200,000 on the $1million property, and make huge monthly payments
*The house, previously rented by 'sober and rehab tenants trying to get their lives together', took a year to renovate, so i-Taukei Fijians living in Santa Rosa, can lease it for $1,200 a month, and upwards.
*There are unsubstantiated claims that Koroitamana will be appointed Honorary Consul in Santa Rosa, and the Coalition government will rent the recently renovated $1million property from Divine Fijians Care Inc
Fijileaks: The fact that the public is being told that the trip was a private visit, is not enough to quell concern in Fiji and abroad.
*Rabuka, his family, and friends have gained financially and materially from this 'private' visit.
*So is the public expected to believe that all this is being done purely out of goodwill and charity? Why now when he is Prime Minister, and not before? Obviously, the whole thing revolves particularly on the issue of personal integrity - more specifically Rabuka's integrity and Koroitamana's integrity - something sounds amiss and questionable.
We are reminded of the Commonwealth Parliamentary Association's definition: -'Integrity - Members of Parliament must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.'
*The Sonoma County Assessor's Office, Santa Rosa, informed Fijileaks that 331 Orange St property was bought by Divine Fijians Home Care Inc who listed their address as 345 Lacrosse Ave, Santa Rosa, California.
*This means that DFHC moved from their old address, 6221 Montecito Blvd, Santa Rosa, the address they had provided to the California Secretary of State when they registered the company on 10 October 2017.
*Who owns 345 Lacrosse Ave, Santa Rosa? Again, the Sonoma County Assessor's Office informed Fijileaks that 345 Lacrosse Ave is owned by QIN CHUNLAN & LI CHUNLEI, Nighthawk Drive, Santa Rosa.
NEW ABODE: From 6221 Montecito Blvd to 345 Lacrosse Ave
The 345 Lacrosse Ave property, owned by QIN CHUNLAN & LI CHUNLEI, is a single family home with three bedrooms and two bathrooms, built in 1968. Are the Koroitamanas', worth 'millions', renting the property?
ROOMS TO LET |
MATUKU KAI VATAS: Poasa Koroitamana and others have another outfit, MATUKU, to assist the people of Matuku in the US, and those at home in Fiji. It is operated out of 345 La Crosse Ave, Santa Rosa, California. It was formed on 6 September 2022
Fijileaks: The first question that Clarke should have raised (and must) is why Richard Naidu's case, which is a CIVIL MATTER, is being heard before Justice Goundar who presides over CRIMINAL MATTERS
*Naidu's case should have been sent to JUSTICE ANJALA WATI who hears CIVIL MATTERS. It is right to ask if it could be because under criminal litigation Naidu's case can be retried?
*However, Naidu has been found guilty in a civil court thus he must be sentenced, and then only, he can appeal through the normal legal process - in the Fiji Court of Appeal
*Coming soon: The Legal Opinion on why the suspended DPP CHRISTOPHER PRYDE was WRONG not to send NFP leader, Finance Minister, and Coalition Deputy Prime Minister BIMAN PRASAD for trial before the Suva Magistrates Court for allegedly sexually harassing the former NFP provisional candidate Taniguchi's wife
JUDGE SHOPPING? Last Monday, the Fiji Law Society president Clarke was spotted having lunch together with the self-proclaimed CONVICTED LAWYER Richard Naidu at the foodhall above BSP Bank in Suva.
*As we chewed on Clarke's call for the Naidu negotiated Coalition government to transfer FICAC prosecution powers to the DPP, we wondered why Clarke had chosen not to comment and remain silent on Naidu's case that raise many fundamental legal questions.
*Of course, Clarke will retort with the usual 'bullsh*t' that the matter is before Justice Daniel Goundar in the Fiji High Court.
*Well, the first question that Clarke should have raised (and must) is why Naidu's case, which is a CIVIL MATTER, is being heard before Justice Goundar who presides over CRIMINAL MATTERS
*Richard Naidu's case should have been sent to JUSTICE ANJALA WATI who hears CIVIL MATTERS.
*It is right to ask if it could be because under criminal litigation Naidu's case can be retried?
*However, Naidu has been found guilty in a civil court thus he must be sentenced, and then only, he can appeal through the normal legal process.
*During submissions before Justice Goundar, he was reminded by Attorney-General's delegated lawyer Feizal Haniff that Naidu's case is a CIVIL MATTER?
*Naidu's lawyer and legal partner JON APTED also submitted that the proceedings were civil, governed by the High Court Rules of Civil Procedure. Apted is also Sitiveni Rabuka's nominee on the CoC.
*No wonder there is disquiet and a CRISIS OF CONFIDENCE in the judicial system, with lawyers and laymen asking whether this is not another case of JUDGE SHOPPING.
*Why is Haniff appearing for the A-G, when he (Haniff) began his legal career with Munro Leys and worked closely with Richard Naidu?
*Since Munro Leys and Naidu, the serial Coalition and NFP propagandist in the Fiji Times Opinion columns, are also legal advisers to the Fiji Times, we stand no chance to challenge Clarke, hence its here, in the Fijileaks, including the OPTIONS we had written some months ago that was available and not available to Naidu and his legal team.
*OPTIONS 2 and 3 don't apply to Naidu as his proceedings are of a civil nature thus he must be sentenced, then he can appeal his ruling to the Fiji Court of Appeal"
In cases with a conviction, there are a couple of options
Option 1
The first option is for the parties to make submissions relating to sentencing and see how the Court sentences the Defendant. The matter is before Justice Daniel Goundar.
Option 2
If the Defendant wants to set aside the conviction his lawyers could apply to arrest the Judgment similar to the powers under s. 239 of the Criminal Procedure Act 2009 i.e.
Motion in arrest of judgment
239. — (1) The accused person may, at any time before sentence, whether on a plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state any offence which the court has power to try.
(2) The court may, in its discretion, either hear and determine the matter during the same sitting, or adjourn the hearing of it to a future time to be fixed for that purpose.
(3) If the court decides in favour of the accused he or she shall be discharged from that information.
Option 3
If the Defendant wants the Court to discharge him even after he has been convicted using the principles under the Sentencing and Penalties Act he could apply to do the same. This is possible even where there has been a conviction i.e
Release after conviction
44. — (1) A court may discharge a person whom it has convicted of an offence.
(2) A court, on convicting a person of an offence, may adjourn the proceedings for a period of up to 5 years and release the offender upon the offender giving an undertaking to comply with the conditions applying under sub-section (3), and any further conditions imposed by the court.
(3) An undertaking under sub-section (2) shall have conditions --
(a) that the offender shall appear before the court if called onto do so during the period of the adjournment, and if the court so specifies, at the time to which the further hearing is adjourned;
(b) that the offender is of good behaviour during the period of the adjournment; and
(c) that the offender observes any special conditions imposed by the court.
(4) A court may make an order for restitution or compensation in accordance with Part X in addition to making an order under this section.
(5) An offender who has given an undertaking under sub-section (1) may be called upon to appear before the court --
(a) by order of the court;
(b) by notice issued by a court officer on the authority of the court.
(6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.
Option 4
The Defendant could appeal against the conviction and any sentence and take his chances in the Fiji Court of Appeal.
Option 1
The first option is for the parties to make submissions relating to sentencing and see how the Court sentences the Defendant. The matter is before Justice Daniel Goundar.
Option 2
If the Defendant wants to set aside the conviction his lawyers could apply to arrest the Judgment similar to the powers under s. 239 of the Criminal Procedure Act 2009 i.e.
Motion in arrest of judgment
239. — (1) The accused person may, at any time before sentence, whether on a plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state any offence which the court has power to try.
(2) The court may, in its discretion, either hear and determine the matter during the same sitting, or adjourn the hearing of it to a future time to be fixed for that purpose.
(3) If the court decides in favour of the accused he or she shall be discharged from that information.
Option 3
If the Defendant wants the Court to discharge him even after he has been convicted using the principles under the Sentencing and Penalties Act he could apply to do the same. This is possible even where there has been a conviction i.e
Release after conviction
44. — (1) A court may discharge a person whom it has convicted of an offence.
(2) A court, on convicting a person of an offence, may adjourn the proceedings for a period of up to 5 years and release the offender upon the offender giving an undertaking to comply with the conditions applying under sub-section (3), and any further conditions imposed by the court.
(3) An undertaking under sub-section (2) shall have conditions --
(a) that the offender shall appear before the court if called onto do so during the period of the adjournment, and if the court so specifies, at the time to which the further hearing is adjourned;
(b) that the offender is of good behaviour during the period of the adjournment; and
(c) that the offender observes any special conditions imposed by the court.
(4) A court may make an order for restitution or compensation in accordance with Part X in addition to making an order under this section.
(5) An offender who has given an undertaking under sub-section (1) may be called upon to appear before the court --
(a) by order of the court;
(b) by notice issued by a court officer on the authority of the court.
(6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.
Option 4
The Defendant could appeal against the conviction and any sentence and take his chances in the Fiji Court of Appeal.
At the same DDP Conference, another Judical Ghost from the Past - ISIKELI MATAITOGA
INDEPENDENT commissions against corruption (ICAC) in countries around the world turned out to be political football fields. This was what former Director of Public Prosecutions, former High Court judge and solicitor-general, and sitting appellate courts judge Justice Isikeli Mataitoga said he saw was the problem with ICACs.
Speaking at the 2023 Prosecutors Conference at the Warwick Hotel yesterday, Justice Mataitoga said when he was S-G between 1993 to 1996, he looked into the establishment of a body to prosecute white-collar crimes which were on the rise in that period.
“When I was SG, I visited the New South Wales Independent Commission Against Corruption as well as the serious fraud office in Auckland,” he said.
“At the time, the problem was the rise in white-collar crimes in Fiji and there was a feeling that there should be a special body that deals with that in a dedicated way so it does not clog the normal system.”
Justice Mataitoga said on his return he recommended the establishment of a serious fraud office.
“I did not recommend or see any value in an independent commission against corruption in Fiji.
“In the commonwealth countries where ICACs had been established, it became political football too many times.”
He said his recommendation was that the serious fraud office would prosecute those kinds of cases, and would still come under the overall umbrella of the office of the DPP.
He also said this was suited to the tradition in Fiji where the DPP was responsible for all prosecutions.
“We come from a tradition where the DPP is given Constitutional power to make sure that right across the board, the standard prosecutions are at a particular level.
“For that reason alone, he gets the blame if the prosecution is not up to that standard.
“So while you are moving this under his umbrella and making the ODPP bigger, it carries the reciprocal responsibility of making sure this is done well.”
INDEPENDENT commissions against corruption (ICAC) in countries around the world turned out to be political football fields. This was what former Director of Public Prosecutions, former High Court judge and solicitor-general, and sitting appellate courts judge Justice Isikeli Mataitoga said he saw was the problem with ICACs.
Speaking at the 2023 Prosecutors Conference at the Warwick Hotel yesterday, Justice Mataitoga said when he was S-G between 1993 to 1996, he looked into the establishment of a body to prosecute white-collar crimes which were on the rise in that period.
“When I was SG, I visited the New South Wales Independent Commission Against Corruption as well as the serious fraud office in Auckland,” he said.
“At the time, the problem was the rise in white-collar crimes in Fiji and there was a feeling that there should be a special body that deals with that in a dedicated way so it does not clog the normal system.”
Justice Mataitoga said on his return he recommended the establishment of a serious fraud office.
“I did not recommend or see any value in an independent commission against corruption in Fiji.
“In the commonwealth countries where ICACs had been established, it became political football too many times.”
He said his recommendation was that the serious fraud office would prosecute those kinds of cases, and would still come under the overall umbrella of the office of the DPP.
He also said this was suited to the tradition in Fiji where the DPP was responsible for all prosecutions.
“We come from a tradition where the DPP is given Constitutional power to make sure that right across the board, the standard prosecutions are at a particular level.
“For that reason alone, he gets the blame if the prosecution is not up to that standard.
“So while you are moving this under his umbrella and making the ODPP bigger, it carries the reciprocal responsibility of making sure this is done well.”
From Fijileaks Archive
Fijileaks: Since our previous posting on Sitiveni Rabuka's claim that he was in Santa Rosa, California, to open Koroitamana's 'multi-million dollar' office, Fijians of all races began contacting us about Rabuka also mentioning 'a supermarket in Sacramento' (see above). We, therefore, decided to investigate and found its a small 'corner shop' selling Fijian produce. There is widespread impression in Fiji that Koroitamana has rivalled the likes of Tappoos, Punjas, Motibhais in California.
We have grave doubts that Koroitamana's 'multi-million dollar' GROUP is funding Rabuka and his entourage's week-long PRIVATE VISIT
In March 2023, Rabuka was hosted by Koroitamana and his 'multi-million dollar' company Divine Fijian Group, as reported by DFG in the Fiji Sun (7 March 2023)
JUNE 2023: Rabuka and his host POASA Koroitamana in Santa Rosa*According to the Office of California Secretary of State, the only registered company under the Koroitamanas' names is DIVINE FIJIANS HOME CARE, 6221 Montecito Blvd, Santa Rosa, an apartment block. | NO RECORDS OF DFG |
10 OCTOBER 2017: POASA KOROITAMANA and his family filed for registration of Divine Fijians Home Care on Fiji's Independence Day
UNDER THE CLOUD: Divine Fijians Home Care's BUMPY JOURNEY
editor@fijileaks.com
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