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BIGOTS AND BLOGGERS: US-Bangladesh blogger Dr Avijit Roy hacked to death in his native Bangladesh for speaking out on his blog against religious extremism - "He will be killed as soon as he returns home."

27/2/2015

In Fiji, one FFP MP and lawyer who threatened to 'mortein' his opponents like cockroaches was rewarded by Aiyaz Sayed Khaiyum - Ashneel Sudhakar was recently appointed chairman of the Parliamentary Standing Committee on Justice, Law and Human Rights -
Bloodthirsty Fox Guarding Human Rights Hen House?

Avijit Roy was a vocal opponent of religious extremism

GRAPHIC WARNING: Brutal: This image, circulated by extremists on social media, shows Dr Aijivit Roy dead on the floor in Dhaka, Bangladesh (right). Left, his wounded wife, Rafida Ahmed, stands over his body

Home: Dr Roy and his wife, Rafida Ahmed, lived in Atlanta, Georgia, and were visiting Bangladesh when they were attacked

Outspoken: Roy was
described as a 'free thinker'
with a 'strong voice against
Islamic fanatics,' by a friend

A prominent Bangladeshi-American Hindu blogger has been hacked to death in the street by militant Muslims after denouncing religious extremism. Dr Avijit Roy, who lives in Atlanta, Georgia, and is known for his outspoken atheism, was jumped by the gang of machete-wielding assailants in Dhaka, the capital of Bangladesh. An obscure militant group, Ansar Bangla 7, has claimed responsibility for the attack, which it said is in retaliation for his 'crime against Islam'.

They also said he was singled out because he is a U.S. citizen, and characterized the vicious killing as 'revenge' for attacks on ISIS in Syria. Police said at least two men attacked Roy landing three strong, deliberate blows to the right side of his head. They turned on his wife, Rafida Ahmed, when she tried to save him, then fled into the crowd. His body was found in a pool of blood on Thursday night after the brutal attack.

Ahmed, 45, is also a blogger. She is reportedly now in hospital with a deep cut to her head. Roy, who is a naturalized U.S. citizen and also a bio-engineer, had been receiving death threats online for years.

According to Bangladesh News 24, a Muslim fanatic named Farabi Shafiur Rahman posted threats on Facebook last year that Roy would be killed as soon as he returned to the country. Dr Roy and his wife were visiting the city of Dhaka for a book fair when they were set upon opposite the Dhaka University Central Mosque.

Two blood-stained cleavers were found by officers close to the scene of the murder, which took place around 8.45pm. Jubilant extremists were celebrating the attack on social media. The account for Ansar Bangla 7 made a post linking the killing to Roy's nationality - and American airstrikes on ISIS. The account posted: 'The target was an American citizen.. 2 in 1. #America recently martyred 2 of our brothers in #Khurasan & #Shaam. #Revenge+#Punishment.'

According to an autopsy report obtained by Bangladesh News 24, Roy was killed by three deep gashes, which cut through his skull to the brain. Doctors examining Roy's body said the attack had the hallmarks of professional killers, who acted with 'planning, skill and brutality'. Local news site Bangladesh News 24 reported that she had lost a finger in the attack and had a deep gash to her head. Police are yet to arrest anybody over the killing - and said on Friday that they did not yet have any leads in the brutal murder.

Roy was of a Hindu background - a religious minority in Bangladesh which which has been historically persecuted. He is also the son of a prominent secularist and human rights activist, Ajay Roy. He was a prominent voice against religious intolerance, who had been sent death threats over his writings. Roy, who was about 40 years old, and his wife were ambushed as they walked past a roadside tea stall.

Chief Sirajul Islam said said: 'Several attackers took part in the attack and at least two assailants hit them directly,' Islam said, adding that two blood-stained cleavers were found after the attack. '

Shilby Noman, Dhaka's assistant police commissioner, said: 'Nothing of note has been revealed so far. 'But we hope that we'll be able to arrest them and bring them to book so that this kind of crime does not take place again.'

Roy was often threatened over his writings, which appeared online, in newspapers and in several published books. According to Bangladesh News 24, a Muslim fanatic named Farabi Shafiur Rahman posted threats on Facebook last year that Roy would be killed as soon as he returned to the country.

He is said to have written: 'Avijit Roy lives in America. So it's not possible to kill him now. He will be killed as soon as he returns home.'

In a later post, he is said to have continued: 'It’s now time to openly kill those atheists who will make obscene comments against Allah and His Messenger, giving them slow, painful death... In Bangladesh, either we Muslims will survive or the atheists will.'

The Guardian reported that he was arrested for the comments - but it is unclear whether or how soon he was released. Roy was the founder of a popular Bengali-language blog - Mukto-mona, or Free Mind - in which articles on scientific reasoning and religious extremism featured prominently. On its pages, Roy had recently published a defense of atheism, writing in January that it was 'a rational concept to oppose any unscientific and irrational belief.'

The website was shut down in the wake of the attack and now displays a message in Bengali, which reportedly reads: 'We are in mourning, but not vanquished'. Roy has also written several books - two of which had been launched earlier in the book fair he was visiting.

Roy's father, retired professor and secular activist Ajay Roy, called for harsh punishment of his son's killers, and said their actions were a sign of Bangladesh's decline. He told reporters: 'The Bangladesh that was earned by the blood-sacrifice of the martyrs has now turned into a den of militants. 'I demand that the government immediately stops militant activities, brings them to book and ensures exemplary punishment.' Hundreds of students and activists gathered in Dhaka today to mourn Mr Roy's death and protest against the intimidation and murder of secular writers.

Death threats against atheist writers and bloggers are nothing new in Bangladesh. Prominent writer Taslima Nasreen had to leave Bangladesh after she received death threats from hard-line Islamists in the mid-1990s. She wrote on her blog: "Avijit Roy has been killed the way other free thinker writers were killed in Bangladesh. No free thinker is safe in Bangladesh. "Islamic terrorists can do whatever they like. They can kill people with no qualms whatsoever."

International condemnation was also mounting over the murder. Representatives of the European Union in Dhaka said: 'The Delegation of the European Union to Bangladesh condemns the brutal assault and killing of blogger Avijit Roy and wounding of his wife last night in Dhaka.

'The EU reiterates its strong attachment to freedom of expression which constitutes an essential element of a democratic society and calls for a prompt investigation to bring perpetrators to justice.'

Meanwhile Robert Gibson, the British High Commissioner to Bangladesh, said on Twitter he was: 'Shocked by the savage murder of #AvijitRoy as I am by all the #violence that has taken place in #Bangladesh in recent months'.

Similar attacks have taken place before in Bangladesh, a Muslim-majority nation of 160 million people ruled by secular laws. Investigators have said religious fanatics were behind those attacks.

Grief: Dr Roy's father, retired professor and activist Ajay Roy, called for his killers to be punished on Friday

Torches raised: This crowd of women marched through Dhaka Friday night in Bangladesh in protest

Outrage: Bangladeshi students and social activist have taken to the streets to protest against the killing

Marchers: Bangladeshi social activists shout slogans and march through the streets in the wake of the attack

Farabi Shafiur Rahman (below) posted threats on Facebook last year that Roy would be killed as soon as he returned to the country - Rahman was taken into custody after the online comments - but it is unclear what happened to him next: 'Avijit Roy lives in America. So it's not possible to kill him now. He will be killed as soon as he returns home.'

And just look at some of his fan club before the September election:

"When men and women of conscience and courage stand up and speak the truth the thugs - religious, political, ideological - get offended and outraged and bring out the lynch mob." - A Fijileaks Commentator

Devout Hindus or Bloodthirsty Lynch Mob?

WARNING GRAPHIC CONTENT: An unidentified assassin shot dead former deputy Prime Minister Boris Nemtsov (right), firing four times while he was walking with a woman across a bridge. He was shot in the back just metres from the Kremlin shortly after midnight local time. President Putin condemned the murder and said it may have been a contract killing, according to Russian news agencies. His spokesman Dmitry Peskov said the shooting could also be a 'provocation' as the opposition has planned a big protest in Moscow on Sunday. Nemtsov, 55, was the first deputy prime minister of the late President Boris Yeltsin during the 1990s. He had publicly expressed concerns for his life earlier this month and was outspoken in his opposition to Putin.

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CHINA POSTING: Brigadier-General Ioane Naivalurua will be Fiji's new ambassador there - "I swear no military officer will benefit from my coup" - Bainimarama; Naivalurua from Ambassador - at- Large to Ambassador

26/2/2015

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Short Memory: Fiji Sun lawyer Suruj Sharma will call on A-G's Office to conduct inquiry into how MIDA came to rule against the Sun paper; has Sharma forgotten how Khaiyum treated Hunter's deportation stop order?

26/2/2015

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The then interim Attorney-General Aiyaz Khaiyum made the excuse at the time that the court order wasn't served by Sun lawyer Sharma - which was utter rubbish. It was certainly served on Air Pacific and also on Captain Savenaca Siwatibau (guarding Fiji Sun publisher Russell Hunter) whose response was: 'Do you want me to bring the whole f_____g army down here?'

"When everyone, it seemed to me, had boarded, Captain Savenaca told me to get up; then he escorted me with his hand in the small of my back, much like a revolver which he pointed and held in place while he walked me to the plane."

"I said "I won't come". I then picked up the phone and rang Suruj Sharma, my lawyer. No sooner had I got on the phone when five (5) men got out of the car.They were dressed in uniform and one of them said to me I had to come now. At this stage I was still talking to Mr Sharma I was bundled into the vehicle and I could not see the look of anguish on my wife's face as I was forcibly taken by the man from my home and forced into the vehicle. My daughter, I recall, was visibly upset and shaken. I still had my phone in my hand as I was pushed into the vehicle. Mr Sharma was asking me where I was being taken and sought from me details of the destination and the men in uniform, which I sought from them and they declined to supply."

"Unknown to me, the Interim Government had passed the Immigration Act (Amendment) Promulgation 2008 / No 3 of 2008) which in my understanding made it impossible to appeal a decision of the Minister concerning people declared to be prohibited, such as myself, and further sought to prevent or preclude any appeal from such a decision. A copy of the Promulgation is annexed hereto and marked "RDH-4". If what seems conveniently coincidental, the passing of Promulgation was dated, and appears to be published in the Gazette, on 26 February 2008, but is said to come into force on 25 February 2008. In essence, it deprived me of any right of review or appeal. It was retrospectively said to deprive me of my rights for appeal or review but promulgated on the very day of deportation. I say it was both unreasonable and misleading in the manner in which it came to be promulgated. I crave leave to refer to the Removal Order annexed hereto as "RDH-1". It is singularly significant as it does not have a reason or reasons on its face to enable me to understand or comprehend why it was being served, or what it was that I had done to warrant its issue. I seek the relief sought in the Application for Leave to Apply for Judicial Review and say that the grounds relied on are to the best of my knowledge, information and belief true and correct. " Russell Hunter, in his affidavit filed by Fiji Sun lawyer Suruj Sharma in the Fiji High Court

JUSTICE DELAYED AND JUSTICE DENIED - FILED IN 2008 - ITS 2015:

IN THE HIGH COURT OF FIJI

AT SUVA CIVIL JURISDICTION

Judicial Review No__________of 2008

IN THE MATTER of the Immigration Act 2003

AND IN THE MATTER of the Immigration Act (Amendment) Promulgation 2008

AND IN THE MATTER of the Constitution Amendment Act 1997 (the Constitution)

AND IN THE MATTER of Removal Order No 07/08 dated 25 February 2008

BETWEEN:
RUSSELL DOUGLAS HUNTER
Queensland, Australia

First Applicant

AND:
SUN (FIJI) NEWS LIMITED, a limited liability company having its registered office at 12 Amra Street, Walu Bay, Suva, Fiji Islands

Second Applicant

AND:
PERMANENT SECRETARY FOR IMMIGRATION, Immigration Department, Suva, Fiji Islands

First Respondent

AND:
ATTORNEY-GENERAL OF FIJI, Attorney-General's Chambers, Suva, Fiji Islands

Second Respondent

              APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW

TAKE NOTICE that the Applicants seek leave of the Court pursuant to O 53 r 3(2) of the High Court Rules to apply for Judicial Review of the decision of the First Respondent, being Removal Order No 07/08 made 25 February 2008, requiring the First Applicant to leave and remain out of Fiji indefinitely whereupon the First Applicant was arrested, detained and conveyed from Suva to Nadi and further detained and then deported to Sydney Australia on 26 February 2008.

THE APPLICANT SEEKS:

(i)         An Order in the nature of Certiorari to remove into this Court and quash the said decision.

(ii)        A Declaration that the said decision was erroneous in law, unlawful, invalid, void and of no effect.

(iii)     An order in the nature of Mandamus, requiring the First Respondent to reconsider the decision according to law and such direction(s) as are made by this Honourable Court.

(iv)       Damages.

(v)        Costs.

(vi)       Such further or other relief as may seem just.

THE GROUNDS upon which the Applicants seek the above-mentioned relief against the Respondents are as follows:

(A)      That the First Respondent erred in the manner and exercise of such discretion that was reposed in him and further erred in the purported exercise of his jurisdiction and/or misconstrued his powers under the Immigration Act 2002 and the Immigration Act (Amendment ) Promulgation 2008 (the Act and the Promulgation, respectively) by:

(i)         committing an error on the face of the record, both in the analysis of and the construction of his power to make the decision;

(ii)        denying the First Applicant procedural fairness to be heard prior to the making of the decision;

(iii)       in implementing the decision whereby he caused the First Applicant to be arrested and detained and held against his will and thereafter to be removed from Fiji, he acted in excess of any or all such jurisdiction as was reposed in him pursuant to the Act;

(iv)       insofar as he acted in coming to the decision made with respect to the First Applicant he acted ultra vires and committed an error of law in doing so;

(v)        the First Respondent in making the decision, failed to take into account all relevant considerations and took into account irrelevant considerations, making the decision void and of no effect;

(vi)       the First Respondent erred in the making of the decision and the service of the Removal Order by committing a jurisdictional error in coming to the decision for the wrong reason(s);

(vii)      the First Respondent committed jurisdictional error by failing to ask and receive answers to the right questions, consider relevant material and disregard irrelevant material;

(viii)     the First Respondent failed to properly construe the Act in respect of the criteria relied upon to determine the decision arrived at, as a result the decision was or involved a jurisdictional error and is regarded in law as no decision at all;

(ix)       the First Respondent fell into jurisdictional error by deciding the threshold requirement under s.13(2) of the Act and as amended subsequently by the Promulgation, viz that the First Applicant was a member of a prohibited class, was not satisfied but based upon a misconstruction of the expression "prohibited person" in s.13(2)(g);

(x)        the First Respondent fell into jurisdictional error by failing to take into account a relevant consideration in the exercise of the discretion under s.13(2)(g), namely:

(aa)      the nature and extent of the circumstances warranting the First Applicant's inclusion in the class of prohibited persons;

(bb)      the weakness or strength of the evidence supporting the alleged conduct of the First Applicant;

(cc)      the hardship to the First Applicant as a result of the decision.

(xi)       the First Respondent fell into jurisdictional error by taking irrelevant considerations into account in the exercise of the discretion to make the decision, namely:

(dd)     that the Interim Government of the Fiji Islands has a strong interest in deterring non-citizens from exercising freedom of expression through the press and media when the First Applicant had not been convicted of any offence involving a limitation on such freedom in the interests of national security or public safety.

(B)       The Respondents' purpose in issuing and enforcing the Removal Order by the First Respondent on 25 February 2008 and passing the Promulgation on 26 February 2008 was to allow the First Applicant to be detained when he had no right of appeal from a decision of the First Respondent pursuant to s.58(8) of the Act, as amended, and that was an improper purpose because -

(1)        the Respondents knew that upon arrest and detention pursuant to the decision, no appeal could be lodged;

(2)        the Respondents expressly took into account the fact that the arrest of the First Applicant on 25 February 2008 would, by reason of the Promulgation, despite being dated 26 February 2008, was said to come into effect on 25 February 2008, thereby preventing any appeal or review of the decision;

(3)        the First Applicant had not been previously notified by the First Respondent that he was considering removal of the First Applicant and cancellation of his work permit to reside in the Fiji Islands;

(4)        the purpose of the Respondents is to be inferred from the matters set out above.

                                                                                                PATEL SHARMA LAWYERS

                                                                                                             Per: .................................

                                                                                                           Solicitor for the Applicants

Dated:    May 2008

This Application for leave to apply for Judicial Review was filed by Messrs Patel Sharma Lawyers, Barristers and Solicitors, 1st Floor, 18 Waimanu Road, Suva

February 27 10:08 2015
Media Industry Development Authority (MIDA) chairman Ashwin Raj has been given until March 9 to retract and apologise to Fiji Sun for a purported decision against the newspaper.

Fiji Sun lawyer Suruj Sharma, of Patel Sharma, wrote to MIDA this week pointing out Mr Raj had no authority or grounds to make such a decision.

Mr Sharma warned that this “decision” – and the way it was seized on by social media and some news media – could lead to further action by the newspaper.

He said: “The purported decision and findings of MIDA has critically and prejudicially impacted on the corporate standing of our client, as well as personal and professional standing and reputation of its Managing Editor News Ms Jyoti Pratibha.

“The findings are clearly without legal and jurisdictional basis of facts and law.”

On February 9, Mr Raj reached a decision that a Fiji Sun “Person of the Year” article was antagonistic, “thoroughly yoked in the logic of race and bereft facts”. He also claimed that a Coconut Wireless column item was “defamatory”.

The complaints to Mr Raj had been lodged by opposition Social Democratic Liberal Party (SODELPA) youth spokesman Pita Waqavonovono

Mr Raj’s “decision” was not sent to the Fiji Sun until February 20, same time as Mr Raj was leaving to attend a conference in Bangkok. It was distributed and commented on widely by Mr Waqavonovono in the following days.

Mr Sharma has written a detailed response outlining how Mr Raj got it wrong.

It describes how Mr Raj made an erroneous “decision” and had no right or power to make it.

Mr Sharma asked for an unconditional apology by Mr Raj to Fiji Sun and personally to Ms Pratibha in a form acceptable to the Fiji Sun. This is to be published in all print and other media organisations at the expense of MIDA, he said.

Mr Sharma also called for an enquiry to be undertaken by the Office of the Attorney-General. This is to establish the facts leading to “the making of the erroneous and unlawful decision contained in the letter of February 9, 2015 and to take appropriate action.”

Feedback: nemani.delaibatiki@fijisun.com.fj

http://www.fijileaks.com/home/army-thug-unmasked-in-al-nusra-terrorists-video-the-captured-fijian-commander-of-golan-troops-was-the-thug-who-frog-marched-fiji-sun-publisher-hunter-onto-plane-out-of-fiji-in-2008

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THE UAE "ARMS" FEST IN THE DESERT: What is Brigadier Mohammed Aziz doing there with the delegation - isn't HE on SIX MONTHS LEAVE from the military - another Bainimarama-type leave scam in the making?

25/2/2015

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Brigadier Aziz with Fiji's ambassador to the Gulf states Robin Nair

TOY SOLDIERS FROM FIJI: Aziz with Tikoitoga and Minister Natuva

From the Archive: Victor Lal in pro-democracy Coupfourpointfive website, 8 October 2010:

According to the documents, Bainimarama was born on 27 April 1954. He attended Marist Brothers High School in Suva. On 26 July 1975 he joined the Fiji Navy as a midshipman, an officer cadet or a commissioned officer of the lowest rank. He was twenty-one years old when he was put to sea. On 28 November 1977 he passed his Midshipman Fleet Board Certificate, which qualified him to become a commissioned officer.

Let us begin with the RFMF Leave Computation Form (RFMF LCF) in our possession titled “21915 Commodore J. V. Bainimarama PM/COMD RFMF – Last Tour Commenced from Date of Enlistment: 26 July 1975”. We will then compare with the other above-mentioned documents, also in our possession. His backdated leave pay begins in 1978 but there is no mention of the date or month in that year.

According to RFMF LCF, Bainimarama claimed the following for 78/79: Annual Leave: Total, 37 days, Taken, 16 days, Balance, 21 days. But what was this mediocre midshipman up to in the years 1978-79? According to his CV, on 23 January 1978 he was attending a midshipman supplementary course in Australia. And, between January-June 1978 he was attached to HMAS Jervis Bay for Navigation Training. The following year between January and June 1979, he was attached to Le Esmeralda, the Chilean Navy Training Ship.

Esmeralda – The Ship of Death and Bainimarama’s sojourn on Board

As a digression, the above Chilean Navy ship has a brutal and bloody terrifying history. In 1973, in the aftermath of a bloody coup, supported by business leaders and the CIA, against the democratically elected government of President Salvador Allende, the Chilean Navy helped the new military junta led by General Augusto Pinochet, to be used as a prison and torture chamber.

According to testimony collected by Amnesty International and the Organization of American States, at least 110 political prisoners - 70 men and 40 women - were interrogated aboard the ship for more than two weeks without charges or trial.

The former Mayor of Valparaiso, where the ship was stationed, described being tied to one of the ship’s masts and subjected repeatedly to electric shock. “I couldn't sleep for six days because they woke me up every six minutes, night and day,” he said. “We could hear how the others were tortured right where we were.”

According to a Chilean lawyer held on board, military officials stripped and savagely beat the prisoners and shot them with high-pressure jets of water that produced “an unbearable pain in the head, ears, eyes, and lungs”. At least one of those tortured on board La Esmeralda, a British-Chilean priest named Michael Woodward, died as a result. His body was thrown into an unmarked mass grave. The ship was under the Command of Jorge Sabugo Silva and Eduardo Barrison. In 1979, Bainimarama had a taste of the ship of death.

Meanwhile, according to the RFMF LCF, Bainimarama earned 30 days Long Service Leave in 1980/1981, 56 days in 1983/984 and 56 days in 1987/1988. Amazingly, given that he joined the Navy in July 1975, he had already in thirteen years of service earned 142 days of LSL.

What was the dictator up to during these years? Again, let us turn to his CV. In December 1980 he passed his Second Mate Certificate Pacific Island Vessels; January 1981, Junior Command & Staff Course, RNZAF, NZ, October 1981 NBCD Course, NZ, March 1892, Completed Short Navigation Course, HMAS Watson, September 1983, attached to the United States Coast Guard Training Centre, New York, March 1984, EEZ Surveillance Familiarization, NZ.

As noted elsewhere, according to the RFMF LCF, Bainimarama did not take a single day’s leave in 10 years between 1983 and 1999, and again in the 8 years between 2000 and 2008. What was Bainimarama doing up to 1999 before he took up the Commander’s post, which he did not deserve, according to highly classified Military and Cabinet documents? Let us, again, allow his CV to guide us.

Bainimarama: Promotions and Appointments, 1976 – 1999

On 9 August 1976, he was promoted Able Seaman, 12 December 1976, Appointed Midshipman, 1 November 1978, promoted Sub-Lieutenant, June-December 1978, Appointed Navigation Officer HMFS KIRO, June 1979 (NB: in 2008 he claimed annual leave at $263.77 per day for 21 days on so-called $96,276 per annum salary and throughout his career until 2008: what was his salary in 1979?), Appointed Executive Officer HMFS KIRO, August 1981, Promoted Temporary Lieutenant, 1 November 1984, Promoted Lieutenant, February 1985, Appointed CO HMFS KIKAU, 17 February 1986, Promoted Temporary Lieutenant Commander, September 1986-September 1987, Served with 2FIR [MFO], Sinai, as Company Second in Command [2IC], October 1987, took delivery of FNS LEVUKA, LAUTOKA from US Navy, 19 April 1988, Appointed Commanding Officer [CO] Fiji Naval Division, 4 October 1988 Promoted Temporary Commander, 1 November 1991 Promoted Substantive Lieutenant-Commander, January 1992, Resumed Command of Fiji Naval Division, 3 October 1994, promoted Acting Captain [Navy, N], 1 September 1995, promoted Temporary Captain[N], 10 November 1997, Appointed Acting Chief of Staff, 18 April 1998, Appointed Chief of Staff, RFMF, 1 March 1999, Appointed Commander, RFMF and promoted Commodore, on the recommendation of a co-kana loto Epeli Ganilau, his predecessor and raider of the RFMF Regimental Funds and the collapsed National Bank of Fiji.

Meanwhile, in 21 December 1990-21 December 1991, Bainimarama was attached to the Malaysian Armed Forces Staff College, October-November 1992, Maritime Surveillance Course, Warfare College, Newcastle, Australia, May-June 1993, Disaster Management Course 15, Asian Institute of Technology, Bangkok, Thailand, June-August 1994, Exclusive Economic Course, Dalhousie University, Halifax, Canada, and January-June 1995, with the Australian Joint Services Staff College.

The Swindler’s Other Payments

The RFMF LCF reveal that Bainimarama collected another $29,139.11 in expense and ration allowance. His service allowance came to $3,832.02, duty allowance was $23,013.92, gratuity for one year was $24,069 and for another 10 months was $20,057.50. The RFMF LCF shows a FNPF deduction of $20,406.71 which went directly into his FNPF account. What the RFMF LCF did not disclose was that the taxpayer had to fork out a similar amount ($20,406.71) to FNPF as the Employer’s contribution to Bainimarama’s account.

Tax Fiddler Chaudhry endorsed his Master Swindler’s Payout

Probably as a favour for protecting him from his own tax fiddling and secret $2million in Australian and New Zealand bank accounts, the then illegal Finance Minister (and in previous incarnation a Government Auditor) Chaudhry claimed that there was nothing sinister about the leave pay. In July 2008, he said he was not aware of any irregularities regarding the payment of $184,740 paid to Bainimarama for leave owed from 1978.

Chaudhry said while some people criticised the payout they could not produce evidence there was some impropriety in the 698 days. “All they are saying is that Commodore Bainimarama is not owed the leave,” he said. Chaudhry said previous governments should be asked why they allowed the leave to accumulate. He omitted to include his own short-lived FLP-NFP Coalition government from 1999-2000. “We are trying to clear all liabilities and that is why we paid it out,” he said. Chaudhry saw nothing sinister about the rate of $263.77 per day based on Bainimarama’s basic salary the payment was made on. “Every day you carry this forward it will be claimed on higher costs,” he said.

2004 Terms and Conditions of Salary and Other Allowances

We wonder if Chaudhry had enquired or had even seen the Terms and Conditions for the post of Commander that was signed between Bainimarama and the Government on 5 February 2004, before signing off the cheque to Bainimarama. As pointed out elsewhere, it is clear that simple arithmetic throws up glaring arithmetical errors in the RFMF LCF, let alone the justification of the entitlements. For instance in 1985/86 the schedule shows that Bainimarama used up all his leave but Degei allocated 8 days of outstanding leave, and Chaudhry turned a blind eye to it.

As noted above, Chaudhry said while some people criticised the payout they could not produce evidence there was some impropriety in the 698 days. Well, did he recall the Terms and Contract of Bainimarama’s appointment? The RFMF LCF of February 2008 states the following calculations: Basic salary, $96,276.000, Daily $263.77, Days 698, Gross $184,441.46; Service Allowance, $2003.05, Daily 549, Days 698, Gross $3,832.02; Duty Allowance, $12,034.50, Daily $32.97, Days 698, Gross $23,013.92; Gratuity (1yr) Annual $24,069.00, 10mths $20,057.50, Gross $44,126.50; Expenses Allowance, $12,5000, Daily $34.25, Days 698, $23,904.11, Ration Allowance, $2,737.50, Daily $7.50, Days 698, $5,235.00. Gross taxable $255,083.90, Tax (31%) $79,076.01, FNFP, $20,406.71 Net $155,601.18, Expenses Allowance 23,904.11 (Non-Taxable), Ration Allowance, $5,235.00 – Net Total: $184,740.29.

Like his own fraudulent tax returns to FIRCA, Chaudhry and other defenders of Bainimarama’s back pay of $263.77 for 678 days can not defend their position. Bainimarama’s basic annual salary is stated as $96,276.00 on 1 February 2008 in the RFMF LCF. And yet, on 5 February 2004, from his Terms and Contract, Bainimarama was hired on a basic fixed salary of $89,352 per annum. In four years, in 2008, his salary has jumped by $7,000. Even setting aside the sum, how on earth was Bainimarama paid a consistent amount of $263.77 per day for 678 days when his salary in 2004 was not $96,276? His CV also reveals his various positions in the navy – are we to believe that the midshipman’s salary in 1978 was $96,276? He was, after all, in that year, a navigation officer on the HMS KIRO.

Again, from the RFMF LCF of February 2008, Bainimarama is cited as being owed annual leave of 29 days each for March 2004, April 2005, and May 2006, before the treasonous December coup. How, on earth, can those defending Bainimarama, including Chaudhry, claim that in March 2004, a month after he was appointed Commander, he was owed $263.77 per day for 29 days on a salary of $92,276 when Bainimarama had, on 5 February 2004, agreed to take command of the RFMF on a basic salary of $89,352.00.

Maybe, it is time those over-paid Sri Lankan lawyers with FICAC should be called in to look into the scandalous back pay, and investiagtive Bainimarama, Chaudhry, Aiyaz Sayed Khaiyum and all others who colluded in robbing the taxpayers of over $185,000. According to foot soldiers at Queen Elizabeth Barracks, Officers and Other ranks have been corruptly known to sell back leave owing at HQRFMF.

They claim that prior to the Dec 2006 coup, Bainimarama gained a lot of officer support by officers cashing in on outstanding leave. The practise has been highlighted by previous audits of RFMF and all ranks have been always told to always take annual leave owing when in the country. It is plain corruption what Bainimarama did - order a low rank in the RFMF pay office to make out his annual leave entitlement, the foot soldiers claim. Did Bainimarama sell his own annual leave and went on to pocket $185,000?

Other Allowances in Bainimarama’s 2004 Contract

For the record, here is what other allowances Bainimarama had agreed to in February 2004. Ration Allowance of $2,737.50 per annum; Housing, a rent-free Government housing from the RFMF Institutional Quarters; Reimbursable Allowance: telecommunication, a telecommunication allowance of $1,200 per annum, Official Expense (An Official Expense Allowance of $1000 per annum), Professional Subscription (Professional Subscription Allowance of $1,000 per annum; Vehicle, a fully maintained vehicle for official purposes; Superannuation (A Superannuation contribution in accordance with the FNFP Act at the rate of 8% by the Employee and 10% by the Employer); Insurance, (1) A 50% Government contribution towards a life or medical insurance cover of the Commander’s choice subject to the insurer’s terms and conditions, (2) In lieu of overseas travel insurance cover the death of the RFMF Medical Scheme will apply to the Commander; Overseas Travel, A Business Class Overseas Travel package with a Per Diem of 10% loading on the United Nations prescribed and applicable rates. Local Travel: Hotel Accommodation, Hotel Meal Allowance and Subsistence Allowance.

As pointed out in an earlier story on Coupfourpointfive, Bainimarama had agreed to retire at the age of 55 when he signed the 2004 Terms of Contract with the Government of Laisenia Qarase. He was, however, reminded in no uncertain terms: “You are aware that in accordance with the Constitution and the RFMF Act, the Commander RFMF is responsible to the Minister in exercising executive command of the RFMF and in the proper management of public funds approved for the RFMF by Parliament.”

The $44,126.50 Gratuity Payment on back of 2006 Coup; while accepting contract he had agreed to retire at age 55

On 11 March 2004 Bainimarama acknowledged the letter of his appointment but he touched on the issue of a payment of gratuity and the required age to retire at fifty-five. “A common provision that has been provided to the Chief Executive Officers of Government Departments and Constitutional Office holders is a payment of gratuity, recognising the services of the office holder,” he wrote. “The position of Commander is much different in that, whilst other Constitutional Office holders or Chief Executive Officers are permitted to work until they reach the age of sixty, the Commander is required to retire at the age of five-five. We are of the opinion that it is only appropriate that the Commander be paid a gratuity at the end of his service the sum of two times his annual gross salary,” he stated in his letter.

In other words, he agreed to the terms and conditions regarding the retirement age as well placing himself under the control of the Minister and to properly manage public funds approved for the RFMF by Parliament. But four years later, in 2008, he not only refused to retire under the State Services Decree (exempting himself), but collected nearly $45,000 in Gratuity payments, while providing a park to the 55 plus whom he has thrown to the dogs.

Leave Pay Unlawful

In the end, it took one of the supporters of the Peoples Charter, Akuila Yabaki of the CCF, to call upon Bainimarama and the regime to reverse the “unlawful, flawed decision to award leave pay for 698 days dating back to 1978”. Yabakii said the normal practice was that all outstanding leave had to be used before the end of any contract period. “As far as CCF is aware, Bainimarama's previous contract as army commander ended in January 2004. Therefore, all leave prior to January 2004 that had not been utilised by Bainimarama would have become null and void," he said.

Yabaki said Commodore Bainimarama's new contract as army commander began in February 2004. “As such, he can only claim for leave not utilised after the February 2004 date. Even for the post-February 2004 period, Bainimarama should not claim for leave pay outstanding beyond one year, unless he can provide good reason why he did not utilise his leave,” Yabaki asked. He said if Bainimarama did not want to use his leave since 1978, then he should accept that was his choice. “To claim for that leave now is bad governance and shows poor and non-transparent leadership," Yabaki said.

But Yabaki’s comments fell on the deaf ears of Bainimarama, the self-appointed Prime Minister and Minister for Finance, National Planning, Public Service, Peoples Charter for Change and Progress, Information, Sugar, iTaukei Affairs, and Multi-Ethnic Affairs and Provincial Development.

RFMF should hang its head in shame on Independence Day

As Fiji celebrates its 40th anniversary of the independence on 10 October, the master “Indian Rope” trickster has come out with a message to the nation: “Our post-Independence history has been dissimilar to some other countries. We have had events which we could have done without. We have had politics which we could have done without. These situations led to regression as opposed to progression. It led to stagnation as opposed to modernization. Today, however, is not a day of condemnation or recrimination. Today is a day of celebration. I wish you all a happy Fiji Independence Day.”

The biggest thief in Fiji’s history will be flying the national flag on the country’s 40th independence anniversary, with other crooks and kana lotos singing his praise. We say, instead of saluting their thieving army chief, the soldiers should be hanging their heads in shame. For they are led by a crook and swindler who, after joining as a midshipman four years after Fiji’s independence in 1970 now, forty years later, has swindled the nation of $205,000 in bogus back pay.

In his 1971 New Year message, the late Ratu Sir Kamisese Mara, as Prime Minister of independent Fiji, described 1970 as the “year of hope fulfilled”. The peaceful transition from colony to independence for him was “a pearl of great price which can perhaps be shared with the world at large.”

As we celebrate Fiji Independence Day, we must ask ourselves what price needs to be paid, in sweat, toil and even blood (for there is no easy walk to freedom), to return the country to democracy, to free ourselves from the economic fraudster and his supporters, who have made corruption and oppression their plaything – and giving themselves obscene salaries forty years after independence under various illegal decrees.

Fiji, The Way The World Should Not Be! Independence means FREEDOM.

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The Old Mill Cottage: Last orders at a beloved cafe - Down Memory Lane with Victor Lal on the Cottage and its charming owner Mary Nelson

25/2/2015

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The charming Mary Nelson

BY VICTOR LAL

DOWN MEMORY LANE. The news that the Old Mill Cottage Cafe has called the 'last orders' brings back old nostalgic memories of the beloved Cottage and its charming owner Mary Nelson, stretching back to thirty years ago. As a young court reporter on the old Fiji Sun (not the present pro-Government rag sheet of the same name) in the 1980s, not a morning, lunch or afternoon passed without me stopping at the Cottage in a corner of Carnarvon Street, Suva, to shuffle through my reporter's notebook before heading to court or heading back to Fiji Sun head office in Lami. The early morning stops (before 8am) were the most charming and rewarding - a free cuppa tea from Mary and her pleasant company before me heading to the courts. In the courts were born some of the most important stories of the day and Mary would be the first to know from me on my way back from the courts.

Mary was the best lamb curry maker in town

There were also moments of sheer hilarity. Once or twice I had to hide in the back of the cafe because one of the criminals or their relatives also happened to walk into the Cottage. The perils of a court reporter which came with the territory.
On the other hand, she would leave me alone whenever she saw me walk in with DPP lawyers (Anthony Gates, Mehboob Raza, Daniel Fatiaki, Kelemedi Bulewa et al, all then legal officers) or private lawyers (Noor Dean, Ikbal Khan etc, etc, etc) after a court case. A wink and a nod meant I was up to something 'big'. The next day she would retort: "I knew you were up to something, little devil."

There were two occasions she did not know what I was up too. During the trial of one of the directors of Lords Jewellers (Lodhias) in Suva who was charged with receiving stolen property, a relative of the jewellers followed me into the Cottage. He sat opposite me, and to my horror, pulled out a brown bag stuffed with notes - bribe! He wanted me not to report in detail the court case, for it was damaging to their business. Shocked, I disappeared from the Cottage, without taking the envelope with me or finishing my afternoon tea. I reported the matter to DPP lawyers prosecuting the case.

The second occasion was when she saw me walking towards the court after four in the afternoon. Mary thought it was odd that I was going in the wrong direction. I didn't tell her that the then Chief Magistrate Gordon Ward, later the President of the Fiji Court of Appeal, had tipped me off that Fiji Sun editor Adishwar (Spike) Padarath (my newspaper boss) was to appear before him in a special sitting at 5pm. Padarath had been charged with damaging the property of US Ambassador following some personal dispute. I had to keep the story close to my chest until I had discussed it with Nemani Delaibatiki (then Associate Editor) and Jim Carney, Fiji Sun publisher who happened to be in Suva from New Zealand. Sorry, Mary! The rest is history. I wrote the story on my own boss Padarath's court appearance. He was forced to tender his resignation and I was transferred to the sub-editor's desk. But I promised to drop in at the Cottage and to see Mary if and when I found time in my new role on the Fiji Sun. This week one regular patron told me she 'talks about Victor Lal'. Good to know, Mary! She was also an avid reader of my Opinion Columns which I wrote for over 25 years from Oxford.

I am sure other patrons have their own memories and stories to tell. All the best Mary and a BIG VINAKA VAKALEVU from Oxford, England. God Bless You!

Iconic Suva restaurant to close
One of the oldest and most popular restaurants in Suva is closing down today. The Old Mill Cottage, tucked away in a corner of Carnarvon Street can’t afford the latest hike in rent. Owner Mary Nelson says it’s sad to say goodbye to what’s been the biggest part of her life for the last 30 years. “I’ve seen many different business deals being done here, people coming together, people getting business. Many will attest to that. No one ever feels lonely when they come to the Cottage, they will always meet somebody they know. I’m happy that I created a place that everybody enjoyed.” Nelson says she’s exploring other options to keep her business going but nothing is finalised yet. The site of the Old Mill Cottage, is actually more than one hundred years old, built when the Colonial Sugar Refinery still operated in the Capital. Nelson hopes the new tenants will maintain the historic building and not tear it down. Source: FBC News, 25 February 2015

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TORTURER TALKS ON TORTURE: RFMF Land Force Commander Qiliho tells Foreign and Defence Parliamentary Committee that military against torture - he should own up to slapping and spitting at Professor Brij Lal!

24/2/2015

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(1) Qiliho threatened former Fiji Sun publisher Russell Hunter in February 2007 saying "coming to get you" if Sunday Sun did not retract a rather silly piece on Bainimarama run by Leone Cabenatabua. Hunter could hear the sound of drinking in the background. Cabenatabua told Hunter at the time he'd also been threatened and told Qiliho he had a heart condition. He gave Qiliho Hunter's mobile number

(2) The Fiji-born academic Professor Brij Lal was slapped and spat at by Qiliho at QEB while in detention before his deportation to Australia

(3) Qiliho was also behind the death threats to deposed Prime Minister Laisenia Qarase, who received a phone call in 2007, in which a person who identified himself as calling from the Fiji Military Forces Camp threatened that he (Qarase) would be killed on arrival, if he returned to Suva

(4) Qiliho was behind the Deuba fire and the burning of the villa of Fiji Court of Appeal judge Justice Gordon Ward

(5) And many others who stood up for democracy and human rights

Qiliho: RFMF's role is defined
Wednesday, February 25, 2015
Fijji Times

THE REPUBLIC of the Fiji Military Forces has assured they will not overstep their mark and will not take the lead role in interrogating people, says Land Force Commander and military spokesman Lieutenant Colonel Sitiveni Qiliho.

Lt-Col Qiliho told the Parliamentary Committee on Foreign Affairs and Defence that the military would not take in people in for questioning as that was the role of the police.

Lt-Col Qiliho said they were now resetting their role as defined by the 2013 Fijian Constitution.

"The RFMF is going through a process now resetting itself in its role as is defined by the Constitution and that is the defined role of the police force to take on board," he said.

"We're not going to overstep the mark, the job of the Fiji Police Force.

"We're here to assist them so as other government departments that might require our assistance in future.

"But to take the lead role, no, that is not the role of the RFMF to take the role of the police force," Lt-Col Qiliho assured.

In his submission to the committee on the ratification of the United Nations Convention Against Torture (UNCAT), he said the RFMF fully supported the notion for Fiji to endorse the UNCAT.

Foreign Affairs and Defence Standing Committee chairman Netani Rika is flanked by the Deputy Commissioner of Police, Isikeli Vuniwaqa, (left) and the RFMF's Land Force Commander, Lieutenant Colonel Sitiveni Qiliho yesterday.Picture:Jonacani Lalakobau

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The illegal regime paid Roman Catholic Church $315,000 compensation, and acquired the land after the Church accused Tengy, Chinese cement company, of trespass & damaging their freehold land in Natodre, Rewa!

23/2/2015

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FIJILEAKS: WHY DIDN'T THE REGIME DEMAND TENGY (ALLEGEDLY INVESTING $50MILLION IN FIJI) TO COUGH UP THE COMPENSATION BILL OF $315,000? Rumours abound of alleged kick-backs for Teleni was Fiji's Ambassador to China, now mired in $200,000 bribe scandal over appointment of Fiji honorary consul in Hong Kong!

"I’m delighted to be here to officially open the new Tengy Cement Factory in Lami. Any project that creates jobs for Fijians and boosts our national economy is cause for celebration. Here, the Tengy Cement Company has embarked on a US$50 million investment that has created 15 local jobs in the area, not to mention the significant contribution the company will make to the economy." - The then illegal Prime Minister Frank Bainimarama, 12 August 2014; Tengy Cement (Fiji) was one of the first major Chinese investors which had responded to the invitation from Bainimarama to set up business in Fiji, following his visit to China

THE COUPIST WITH TAXPAYERS MONEY AND THE VORACIOUS DRAGON: Bainimarama opening the Tengy cement factory

"The lessee (Tengy) was allowed to construct access road without any approved survey plan or an engineering design for the proposed road, consequently trespassing and damaging freehold land belonging to the Roman Catholic Church. The RCC demanded compensation for trespass and damages. Thus Government paid an additional sum of $315,000 to
acquire land on Lot 2 DP7048 that suffered damages"

IN THE CLAWS OF THE DRAGON: DANCING TO CHINESE TUNE IN FIJI

LETTING THE LAWLESS CHINESE DRAGON COMPANIES RUN WILD IN FIJI: Bainimarama watches a Chinese dragon dance during the opening of the Tengy cement factory in Lami

ACTING LIKE A SHEEP TO CHINESE DRAGON: "China stayed by our side [after the treasonous 2006 coup] because it recognised that what we were doing as a nation was for the long-term benefit of the Fijian people...And it has done a huge amount to contribute to the development and improvement of our infrastructure, including roads, public housing, hydroelectric projects, solar projects and hospitals." Bainimarama wishing the Chinese community Happy Chinese New Year - YEAR OF THE GOAT (SHEEP), 12 August 2015

From the Archive, 2011:
Victor Lal on Tengy (Fiji) Ltd in the pro-democracy blog Coupfourpointfive:

BIG SELL: Netani Sukanaivalu with Chinese Ambassador Han Ji Heng

And yet, the same 90 per cent local ownership principle was waived against the Chinese owned Tengy Cement (Fiji) Company Ltd, when the Ministry of Lands and Mineral Resources formalized the 99 year lease agreement last December with the company to build the country’s second cement factory in Veisari, Lami. Tengy was granted a 33 acres industrial lease.

The illegal Bainimarama regime had issued the Chinese investors with an industrial lease, cutting short the waiting period from 24 months to just eight weeks, a record breaking time.

The illegal Minister for Lands and Mineral Resources, Netani Sukanaivalu, commended the work of various Government ministries and departments for helping facilitate the needs of Tengy Cement (Fiji) Company Limited in record time.

“This is what Government had been saying all along, that Government ministries and departments must re-look at their systems and processes and ensure we reduce our turn-around time."

Sukanaivalu said what used to take government two years to finalise, took just two months to complete.

He boasted: “Tengy is one of the first Chinese companies to accept the Prime Minister's invitation. I'm particularly pleased that the Fiji government has stood true to its commitment to facilitate - in the shortest time possible and within reasonable cost - the request from foreign investors. Today, we witness a historic occasion in as far as government facilitation is concerned. What use to be 24 months turnaround time is now reduced to only two months. This means that government system and processes could be viewed to improve on our responsiveness.”

How it all began – A Passage to China

In August last year, the dictator Bainimarama announced that a Chinese cement producing company had expressed interest to set up a cement plant in Fiji.

“This company has indicated its willingness to set up their business in Fiji and I welcome them,” the dictator said. He revealed that he was approached by the company and he extended an invitation to them to visit Fiji and ascertain the conditions for setting up the plant.

The setting up of another cement factory in the country in Fiji, the dictator claimed, will help decrease the price of cement by creating competition for the few cement companies in Fiji who are indulging in cartel activity.

The dictator claimed the cement companies in Fiji had been asked to decrease the prices of cement but had not relented. “They have not done so and now it’s better to bring in another company to do just that for a lower price. Monopoly is bad for the people and I’ll make sure to put a stop to that.”

Bainimarama said he was determined to break the monopoly held by the sole cement producer in the country - Fiji Industries Ltd. (Coupfourpointfive wants to know why, if we are to accept the dictator’s monopoly thesis, his own army officers are monopolizing all crucial civil service and other institutions?)

The dictator had met the Tengy cement company investors during the Shanghai Expo, where Fiji also had a booth to entice investors to the corruption riddled Fiji.

Also present with the dictator were Khaiyum (doubling up as illegal Minister for Trade and Commerce) and Fiji Trade and Investment Board (FTIB) chairman Adrian Sofield, who had taken up his new post in June 2010. The Chinese ambassador to Fiji was also up there.

The Road to Company Registration in Fiji

A Coupfourpointfive investigation into Tengy reveals the Chinese company was awarded the Foreign Registration Certificate Number 10-01-79 on 21 December 2010 by the FTIB CEO. In awarding the Certificate, the CEO wrote to one Fugang Zao, P O Box 2563, Government Buildings, Suva, that the Certificate was for the Chinese company to establish a cement factory; and to manufacture and retail cement products.

The company was informed that “the foreign investor must have at least $250,000 in paid up capital in the form of cash from the operational date, to be brought fully into Fiji within the 12 months implementation period”. In addition, “the foreign investor must not engage in any other business activities not specified in this certificate”.

Jamnadas and Associates

The scandal ridden lawfirm of Jamnadas and Associates acted on behalf of the Chinese company. In this instance, it was not Renee Lal (partner in Jamnadas and Associates, and now accused of $400,000 fraud involving a Ghanian businessman) but Mele L Rakai, an Associate with the lawfirm who was involved in the formation of Tengy, as evidenced from his affidavit to the Registrar of Companies.

The two directors of the company are as follows: Teng Fei Zhao and Yu Bian. Both are Chinese citizens. The two gave their addresses as P. O. Box 2563, Government Buildings, Suva. The secretary of Tengy has been listed as one Ray Zhao.

The share capital of the company is one million dollars Fiji currency divided into 1,000,000 shares of $1 each, with power for the company to increase or reduce such capital.

The signatures of Teng Fei Zhao and Yu Bian, was personally witnessed by Dilip Jamnadas, solicitor, Jamnadas & Associates, Suva.

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DIGGING BENEATH SURFACE: Audit found China's Aurum Bauxite Mining didn't give fair share of payment to landowners, over extracted bauxite in breach of lease - Bainimarama had gifted lease to Aurum!

23/2/2015

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PM Bainimarama - Address at the Official Handing-over of Nawailevu Bauxite Mining Lease 5/30/2011 COMMODORE JOSAIA VOREQE BAINIMARAMA, CF(Mil), OStJ, MSD, jssc, psc

Prime Minister and Minister for Finance, Strategic Planning, National Development and Statistics, Public Service, Peoples Charter for Change and Progress, Information, i-Taukei Affairs, Provincial Development, Multi-Ethnic Affairs, Sugar Industry, Lands and Mineral Resources

Address at the Official Handing-Over of Nawailevu Bauxite Mining Lease

_______________________________________________________________________________________

Banyan Room
Fri. 13th May, 2011
Holiday Inn, SUVA
Cabinet Ministers;

Your Excellency Dr. Han, the Ambassador of the People’s Republic of China;
Executives of Aurum (Fiji) Limited;
Ladies and Gentlemen.
Bula vinaka and a Good Afternoon.

Earlier this year, the Ministry of Lands & Mineral Resources issued the first surface lease to Aurum Explorations (Fiji) Limited at Nawailevu under the Land Use Bank.

Fijileaks: The lease was given at the directive of Bainimarama in his capacity as the unelected coupist Prime Minister

Bainimarama speech: "Today, Aurum is being issued its licence to commence mining for bauxite.

This occasion is significant and indeed a milestone for a number of reasons. The issuance of a surface lease under the Land Use Bank has meant that the landowners will receive a higher return for the lease of their lands than what they would have received through the iTaukei Lands Trust Board. In addition, the investor is assured of a secure tenure through a simplified land leasing arrangement."

Fijileaks: Audit noted that no fair share payments have been received from Aurum Exploration (Fiji) Limited since commencement of the leases in 2011, thus depriving LOUs of their just dues. Non remittance
of fair share by the mining company indicates a lack of monitoring by the Unit to ensure timely compliance with requirements of the Agreements. The mining company has finally remitted $600,000 to the Department of Lands in November 2014 (refer RR 263725 of 3/11/14) and which is still being held by the Department of Lands in trust for onward transmission to the LOUs.

Bainimarama speech: "The grant of the Mining Lease heralds the beginning of a large-scale bauxite mining in Fiji. It is projected that this mine will provide significant returns not just to Aurum, but to the Fijian economy as a whole."

Fijileaks: Third party confirmations were obtained from Fiji Revenue and Customs Authority (FRCA) on tonnage of soil extracted by the company by customs officers when soil is ready for shipment. However audit verifications with data obtained from the Fiji Revenue and Customs Authority (FRCA) revealed that a total of 1,287,843.7 tonnes of bauxite had been extracted as at 14/10/2014 indicating that the company had extracted volumes in excess of the allowable quota for bauxite extraction as per conditions of the Memorandum of Lease.

Bainimarama speech: "My Government, as you are aware, is focussed on developing the North and the commencement of this mining operation will contribute to that stimulus and initiative.

The mining sector has the potential to significantly increase not just Government revenue but also increase our GDP. It has the potential to provide increased employment opportunities, upskilling and provide spin-off investment opportunities.

However, the issuance of mining licences must be through a modern regulatory and transparent system. Through such a process of ensuring the best investor, the Mining Industry can equal our other traditional revenue earners such as tourism and sugar.

I look forward to Aurum becoming a partner with Government to bring mutual benefits to both parties, and also becoming a good corporate citizen. I also acknowledge the assistance and facilitation provided by the Chinese Government, in particular through the tireless efforts of His Excellency, Ambassador Dr. Han.

I take this opportunity to once again reiterate my Government’s commitment to providing a transparent and efficient investment platform and environment for the benefit of foreign and local investors, and all Fijians.

Vinaka vakalevu."

THROWING DUST IN OUR EYES: JUST READ LIES PEDDLED BY AURUM'S MANAGING DIRECTOR AND ALSO MINISTER FOR LANDS AND MINERAL RESOURCES MERESEINI VUNIWAQA:

See also Fijileaks archive: http://www.fijileaks.com/home/protecting-environment-sodelpa-calls-on-regime-to-allow-free-fair-and-open-public-consultations-during-the-review-of-the-mining-act-1978

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CRYING VICTIM: Fiji Sun attacks MIDA chairman Ashwin Raj's ruling saying 'one man's opinion could stifle Fijian journalism'; does Fiji Sun know the meaning of true journalism - Raj takes 'SWEET REVENGE'

22/2/2015

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As Fiji Sun tells us Raj sent the judgment only on Friday before taking 'UN funded overseas trip' Fijileaks has been told Raj peeved because Fiji Sun sat on his three-page complaint he gave to police which Fiji Sun never came around to publishing it - the charges against him dropped! Others say its all just a calculated ploy, 'Dog and Pony Show', between MIDA and Fiji Sun to convince Geneva that MIDA chairman is 'neutral' and there is need to retain Media Decree - citing his case against Fiji Sun!

Raj had copied the above e-mail to Delaibatiki - he was referring to the three page letter of complaint against the Samabula police he had sent to Police Commissioner in which he also outlined his version of events

The Fiji Sun is strongly questioning a ruling against it by Media Industry Development Authority (MIDA) chairperson Ashwin Raj

Publisher/chief executive officer Peter Lomas said the ruling appears to have been made by Mr Raj alone and not a properly constituted MIDA meeting.

The newspaper is strongly supporting its managing editor/news Jyoti Pratibha.

Mr Lomas said Ms Pratibha’s robust reporting is being targeted through a smear campaign and complaints to MIDA by people linked to the Opposition.

The Fiji Sun’s lawyers will be looking at all options in response.

The ruling in question was dated 9 February but was not received by the Fiji Sun from Mr Raj’s office until Friday 20 February.

It has been circulated extensively on anti-Government social media sites, and has been praised by SODELPA.

Social Democratic Liberal Party (SODELPA) youth president Pita Waqavonovono had complained about a news report and a Coconut Wireless item.

Mr Raj ruled that it was wrong for the Fiji Sun to say that SODELPA used race and land issues during the general election campaign.

It was also defamatory to suggest in a Coconut Wireless item that Mr Waqavonovono had needed to have a shave and use some deodorant during the vote counting.

Mr Lomas said the Fiji Sun had submitted there was no evidentiary basis for the complaints to be upheld. It will now respond strongly.

He said all in the news media should be concerned about this issue. This ruling effectively threatens any efforts for more robust reporting, commentary and news media analysis, he said.

If allowed to stand it could mean that Fijian journalism can be stifled by the opinion of one man.

We publish on this page the full ruling signed by Mr Raj and sent to the Fiji Sun on Friday before he left on a United Nations-funded overseas media trip.

Publisher/chief executive officer Peter Lomas said the ruling appears to have been made by Mr Raj alone and not a properly constituted MIDA meeting. Sure, what about Raj's ruling in favour of Fiji Sun against Wadan Narsey's complaint - did Raj consult other members of MIDA when he told Lomas: "It must be equally noted that any interference by MIDA in this process would ordinarily be deemed as an assault on the independence of the media by Wadan Narsey amongst others."

From: Ashwin Raj [mailto:ashwin.raj@usp.ac.fj]
Sent: Wednesday, 17 December 2014 4:12 p.m.
To: Peter Lomas; wadan.narsey@gmail.com; Fred Wesley
Cc: Soko Vakacegu
Subject: RE: Response to MIDA on Wadan Narsey complaint

Dear Mr. Lomas,

I acknowledge receipt of Fiji Sun’s response to Wadan Narsey’s official complaint to MIDA.

I note that following his complaint, Narsey’s letter about transparency and appointments processes at USP was subsequently published by The Fiji Times. This was a decision of The Fiji Times.

I wish to reiterate that as much as the media is free to publish, it equally has the right not to publish.

It must be equally noted that any interference by MIDA in this process would ordinarily be deemed as an assault on the independence of the media by Wadan Narsey amongst others.

Therefore, MIDA will not treat Narsey’s letter as an exception and compel the Fiji Sun into publishing it.

The matter is now closed.

Ashwin Raj
Chair, MIDA.

From: Peter Lomas [mailto:peterl@fijisun.com.fj]
Sent: Tuesday, December 16, 2014 10:24 PM
To: Ashwin Raj
Cc: Soko Vakacegu
Subject: Response to MIDA on Wadan Narsey complaint

Mr Ashwin Raj

Executive Chairman

Media Industry Development Authority

re: Wadan Narsey complaint of 5 December 2014

Dear Executive Chairman,

We're unsure on what grounds Mr Narsey is basing his complaint.

But in relation to his letters we point out:

1. Letters to the editor are published at the discretion of the editor. This is advertised on our letters page.

2. Mr Narsey is a regular writer for The Fiji Times and his views are featured there.

3. Before Mr Narsey began being featured in The Fiji Times we had published some of his letters. He later admitted he was unaware of this because he said he did not buy the paper.

4. When Mr Narsey wrote complaining about a Coconut Wireless item we published referring to him, his response was included in the next Coconut Wireless. With equal prominence.

Yours sincerely--

Peter Lomas

Publisher/CEO

Fiji Sun

Ph: (679) 9990712

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SOBERING UP TO JUSTICE? MIDA upholds complaint from Sodepla youth leader Waqavonovono and rules against Fiji Sun, Delaibatiki and Pratibha - Cocout Wireless piece 'defamatory and incriminatory in nature'

21/2/2015

9 Comments

THE SUN IS YET TO RISE AND REPORT: MIDA Judgment in favour of Waqavonovono was handed down on 9 February 2015: "I had called for a meeting with both Ms Pratibha and Mr Nemani Delaibatiki and expressed my concerns that such statements are defamatory and incriminating in nature and therefore in breach of the Media Decree and that columns such as Coconut Wireless must adhere to the protocols of responsible journalism...the report by the Fiji Sun accusing Sodelpa of playing 'divisive and land cards of the past' is antagonistic, thoroughly yoked in the logic of race and bereft of facts'..."

Fijileaks: In case you need to go for a dictionary-'disambiguate' means the removal of ambiguity by making something clear; one swallow does not make a summer-Raj is yet to respond to us regarding serious allegations made against him since he was locked up! Below, Fiji Sun's official response to Pita Waqavonovono's complaint-Peter Lomas to Raj:"Waqavonovono be forewarned that any incorrect allegations and criticism made by him in the future against Fiji Sun and its employees will be aggressively dealt with."

STATEMENT

[NO 40 21/2/2015]

Principal Administrative Officer of the Opposition Mick Beddoes on behalf of Opposition Leader Ro Teimumu Kepa welcomed the findings of MIDA Chairman Ashwin Raj against Jyoti Pratibha and the Fiji Sun in response to a complaint lodged by SODELPA Youth President Peter Waqavonuvonu in December last year

Mr. Beddoes said in his findings Chairman Ashwin Raj suggested that the Article - Man of the Year; the PM who delivers; was antagonistic, thoroughly yoked in logic of race and bereft of facts.

Beddoes said Mr. Raj ruled that Miss Pratibha’s remark that Peter Waqavonuvonu shave and buy a deodorant were defamatory and incriminating in nature and therefor in breach of the Media Decree. Beddoes added that by using her privileged position in the Media Industry to make those nasty remarks against Peter says more about her lack of moral integrity then it does about her questionable journalistic skills. Mr. Raj said that column’s such as Whispers and Coconut Wireless must adhere to the protocols of responsible journalism.

Beddoes said Ro Teimumu was proud of the courage and timely action of Peter on behalf of our SODELPA Youth for the Party and was encouraged by what appears to be a fair and reasonable ruling to the unsubstantiated allegations, misinformation and bias against SODELPA and its leaders that both Jyoti Pratibha and Nemani Delaibatiki have relentlessly pursued in order to politically weaken and discredit the party and the Leadership of Ro Teimumu Kepa.

Beddoes said that today’s article on page one by Litia Cava is another example of the Sun’s relentless campaign against our Leader Ro Teimumu Kepa and by association the party.

Authorized By Mick Beddoes

BLOG FEVER RAGES AFAR: The faraway, long gone want-to-be who tries to influence things here from the other side of the world is becoming increasingly desperate on his blog site. The fantasy, misinformation and personal attacks indicate he has abandoned all semblance of pretending to be the journalist he once was. Sign of the rage on the anti-blogs as the elections rapidly approach and the antis realise they’ve lost, perhaps?
Feedback: jyotip@fijisun.com.fj (4 August 2014); LEAKING ON EMPTY: Not much can be expected out of FijiLeaks, a discredited blogsite run by an ex-journalist from the other side of the world (22 September 2014); 9 WINNERS AND LOSERS: (LOSERS: VICTOR LAL: Once was a journalist. Now a sad, faraway and irrelevant figure trying to peddle lies as information through his so-called Fijileaks (19 September 2014).

COCONUT WIRELESS WITH NO CONNECTION: The judgment was handed down on 9 February and just look at the Coconut Wireless of
February 22 - Nothing had reached the public about the judgment - self-censorship?

See Fijileaks: http://www.fijileaks.com/home/waqavonovono-lodges-complaint-against-fiji-sun-article-with-mida

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And just look at some of his fan club before the September election:

"When men and women of conscience and courage stand up and speak the truth the thugs - religious, political, ideological - get offended and outraged and bring out the lynch mob." - A Fijileaks Commentator

Devout Hindus or Bloodthirsty Lynch Mob?

From the Archive: Victor Lal in pro-democracy Coupfourpointfive website, 8 October 2010:

IN THE CLAWS OF THE DRAGON: DANCING TO CHINESE TUNE IN FIJI

From the Archive, 2011: Victor Lal on Tengy (Fiji) Ltd in the pro-democracy blog Coupfourpointfive:

THROWING DUST IN OUR EYES: JUST READ LIES PEDDLED BY AURUM'S MANAGING DIRECTOR AND ALSO MINISTER FOR LANDS AND MINERAL RESOURCES MERESEINI VUNIWAQA:

Author

CategoriesThe Draft Ghai Constitution 2013The Explanatory ReportAppendage to Draft ConstitutionProfessor Yash Ghai's Statement

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From the Archive, 2011:
Victor Lal on Tengy (Fiji) Ltd in the pro-democracy blog Coupfourpointfive:

Categories
The Draft Ghai Constitution 2013
The Explanatory Report
Appendage to Draft Constitution
Professor Yash Ghai's Statement