By RAJENDRA CHAUDHRY

Paul Madigan lies in his summing up to assessors in the Mahendra Chaudhry case

"This man, as said earlier, is incompetent and a threat to justice. I refer to paragraph 12 of his summing up, where he said:

"13. There is no legal requirement for the accused to be ‘directed’ or given notice of his impending breach. You might think that it was unfair not to be given full details of his breach before he was charged and you might think that it was discourteous of the Reserve Bank not to reply to Mr Chaudhry’s letter of 18 November 20009 but those matters are not elements of the offence and should not play a part in your deliberations.”

The above summing up is an outright lie and exposes Madigan’s lack of competence as a judge. I refer to Section 39 (2) and (3) of the Exchange Control Act, which reads:

39 (2) Any directions given under any provision of this Act -
(a) may be either general or special; and
(b) may be revoked or varied subsequent directions; and
(c) shall be given to such persons and in such manner as the competent authority thinks appropriate and, if so given, shall be valid for all purposes.
(3) Notwithstanding paragraph (c) of subsection (2), a person shall not by, virtue of any direction given by the competent authority under this Act, be convicted of an offence against this Act, unless the direction was served on him or he knew, or avoided getting to know, of the giving thereof:

In the Chaudhry case, no direction was served. Without such direction Chaudhry could not be convicted of any offences under the Exchange Control Act (39(3). Madigan acknowledges this in his summing up by saying no such direction was needed.

Madigan was clearly wrong at law in directing the assessors on this important issue, and his doing so could lead to the obvious conclusion that he is incompetent.

His incompetence has led to the conviction of an innocent man. He is a disgrace and a threat to justice. He must be immediately suspended as a judge and issued with proceedings for judicial misconduct

Fijileaks Editor: Peter Bodor QC, Mahendra Chaudhry's defence lawyer, made the following statement after Victor Lal sought Bodor's comments on the article: "Let it be clearly understood I never comment on cases, personalities or decisions of the Court directly or indirectly; whether to the media or any entity other than to the client in privileged circumstances during the course of my holding instructions for that client. If properly instructed I will pursue an appeal that has merit. I have not been approached or engaged at this time for any appeal arising from Mr Chaudhry's convictions. I do not have any comment to make regarding Mr Lal's inquiry of me in the email below. "

When we fail to apply the rule of law equally to every citizen our moral & ethical compass as a society fails with it. 

A Personal Opinion
By MICKE BEDDOES 

On May 1st Mr Chaudhry will be sentenced and if it involves a custodial term then he will be the second of our democratically elected Prime Ministers to be sent to prison for offences that can only be described as misdemeanors when we compare it to the capital offences committed by the usurpers of our democracy in 1987, 2000 and 2006.

Both of our former Prime Ministers have already been disqualified from participating in the 2014 elections as a direct consequence of their convictions and Mr Qarase has already served his time. Yet two of their 3 usurpers, not only remain free, they are eligible to contest the general election that has been denied to the two Prime Ministers they over threw..

The 3rd usurper, a civilian, was charged and sentenced to death, which was the penalty for treason at the time. His life was spared when the death penalty was removed for capital crimes by parliament and George Speight is still serving his life sentence for his part in the 2000 coup.

On the other hand the other 2 usurpers of our democracy, both former military commanders, remain free and despite being responsible for the overthrow of the 1987 and 2006 parliaments, both of them are eligible to contest the 2014 elections, because of the immunity they enjoy which protects them from having to ‘face up’ to any criminal charges for carrying out coups and over throwing the elected governments of the people in 1987 and 2006.

If the rule of law is supposedly applied equally to all, why is George Speight in prison while the 2 other coup leaders are free and able to contest elections? What was different about the 2000 coup from the 1987 and 2006 coups? How have we justified such an unfair application of the rule of law in this instant?

How can we as a society, think that it is somehow fair and just to punish our democratically elected leaders as harshly as we have done for their misdemeanors, which are unrelated to their term in office, while at the same time remain silent and just accept the imposition by the usurpers of a blanket immunity that protects them not only from the capital offences they committed against the state, the constitution and the people in the past, but which extends to crimes they are yet to commit in the future?  And if that is not enough, we even give them the freedom to take part in general elections, without having answered for their crimes.

There is something fundamentally wrong with us a society if we believe it’s ok to have the usurpers of our democracy, elected to our House of Representatives, where they can help make laws and dispense justice to the very people whose livelihoods, rights and freedoms they abused and suppressed, while all the time being protected from prosecution for overthrowing our previous parliaments. 

Mr Qarase and Mr Chaudhry are now disqualified from contesting elections for their misdemeanors; every other citizen who is registered to vote and eligible to contest the elections is subject to disqualification for various offences as stated in Sec 56 of the 2013 constitution. 

It is only the usurpers of our democracy and those other citizens who have aided and arbited them in the removal of our elected governments who will not face the kind of scrutiny that other citizens will be subjected to because they enjoy immunity from prosecution. This is what the regime means about everyone being equal.

The rule of law must apply equally to everyone from the law abiding citizen, the common thief to coup leaders and Presidents. But so long as we keep rewarding the wrong doers and try to make excuses for their actions as being necessary then we fail to apply the rule of law as we are obliged to do and consequently our moral & ethical compass as a society fails with it.

‘History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people’. Dr Martin Luther King Jr

The UFDF coordinator Mick Beddoes said that 2 separate reports in the Fiji Sun April 16th  covering Frank Bainimarama’s campaign to the North to collect signatures highlight more breaches by the Prime Minister and the Fiji Sun with respect to the Political Parties Decree No 4 of 2013 as well as the Amendment Decree No 11 of 2013.

Breach No 1 for April 16th 2014:

Frank Bainimarama announced at the launch of his Fiji First party he was taking leave and starting his push to collect signatures for his proposed party. The UFDF has highlighted the various breaches that Frank Bainimarama and his associates have made and included these in 2 complaints registered with Police by its coordinator Mick Beddoes.

The front page of today’s Fiji Sun shows another glaring example of the breach with Bainimarama. He is quoted as having called the Elections office about unregistered voters and promptly announced the set up of 2 new offices for Savusavu and Taveuni. While the UFDF supports the move, it raises a number of very serious issues for example:-

• Outside ‘influence’ being brought to bear on the ‘independent’ elections office by an aspiring candidate.
• The arbitrary decision made by the aspiring candidate to confirm the set up 2 new registration offices for and on behalf of the supposed ‘independent’ elections office.
• The vehicle and dress of Frank Bainimarama supports the report that he was on a ‘registration drive’ for his proposed party.

The article & extract of the report:

SITERI TALEITAKI

A large number of eligible voters in Cakaudrove have not been registered for the September 17 general election.
Prime Minister Rear Admiral (Retired) Voreqe Bainimarama discovered this during the registration drive for his proposed FijiFirst party in the province.
In an interview with the Fiji Sun in Savusavu, yesterday, he expressed his concern.
He said he called the Elections Office and they confirmed the problem. Mr Bainimarama announced that a registration office would be set up in Savusavu and another one in Taveuni soon.
The Supervisor of Elections, Mohammed Saneem, said last night it was likely that some people in the rural areas had not been registered. He said all stakeholders should inform his office of people not registered.
“We will take immediate measures to register them,” he said.

Breach No 2 for April 16th 2014:
 
PM: I Am The Only One

SITERI TALEITAKI
NASINU

I am the only confirmed candidate in my proposed Fiji First party at the moment, Prime Minister Rear Admiral (Retired) Voreqe Bainimarama,” told villagers of Nasinu, Vanua Levu, yesterday.

The UFDF says that if Siteri Taleitaki’s April 16th report in the Fiji Sun that Frank Bainimarama told villages of Nasinu, in Vanua Levu that quote ‘I am the only confirmed candidate in my proposed Fiji First party at the moment’ unquote is correct then it is yet further evidence that both Frank Bainimarama and the Fiji Sun have again breached the provisions of Political Parties Decree No 4 of 2013 and the Amendment Decree No 11 of 2013. In particular the UFDF points out that: Frank Bainimarama is in breach with:

1. Interpretation:

CLAIM: Frank Bainimarama and his associates and the media have referred to his Fiji First as his ‘proposed political party’. But this claim is not consistent with the interpretation of ‘Proposed Political Party’ that is outlined in the Political Parties Decree No 4 of 2013 which says quote ‘

means the association of persons or an organization that applies for or has applied for registration as a political party under this decree’

TRUTH: Frank Bainimarama is in the North still collecting his 5001 signatures. He has not applied, nor can he apply until he has collected his 5001 signatures. Therefore any references by him, his associates and media of his ‘proposed’ political party is in breach of the decree.

1. First confirmed candidate for Fiji First

CLAIM: In the Fiji Sun report today by Siteri Taleitaki, Frank Bainimarama confIrmed to citizens in Nasinu, Savusavu, that he was the ‘first confirmed’ candidate for Fiji First?

TRUTH: Frank Bainimarama has not been selected as the first confirmed candidate of the Fiji First if the party because the following specific requirements needed before his party can even begin to deal with candidate selection is still NOT completed and these are:

i. Is still collecting the required 5001 signatures needed to register?

ii. The formal application to be registered as a political party has not been completed

iii. The constitution of the party has not been adopted and office bearers elected

 iv. Without steps i, ii, iii & iv being in place, what candidate selection process did he adapt to confirm himself and how can he confirm his candidacy until he successfully concludes the final candidacy process through the Elections Supervisor before being endorsed as a candidate?

The UFDF said that Frank Bainimarama and the Fiji Sun are again misleading the people with false statements such as that he reportedly made in Nasinu in Vanua Levu.

He and his associates and the Fiji Sun are in breach of Political Parties Decree No 4 of 2013 Sec 3 (2) and the Fiji Sun Sec 3 (2A) of Amendment Decree No 11 of 2013

The UFDF also calls on the MIDA Chairman Ashwin Raj to take immediate steps to stamp out the Fiji Sun’s ongoing daily breaches of the Media Industry Decree and display his impartiality by applying the same level of aggression towards the Fiji Sun and Frank Bainimarama as he did towards Ratu Timoci Vesikula and Fiji TV for another alleged breach of MIDA

In one of many leaked cables, the then American Ambassador to Fiji, Larry Dinger informed his masters back home: “THE CHINESE IN FIJI KEEP THEIR HEADS DOWN, HOPE FOR THE BEST”.

In his leaked cable, exposed by Wikileaks and dated 5 December 2006, Dinger begins by summarizing as follows: "The Chinese community in Fiji, estimated at 6,000-10,000 persons, is hoping to ride out the crisis caused by the military's announcement that it is deposing the lawfully elected government of Fiji.  A PRC Embassy official told us the Embassy knows of only 17 Chinese residents who have left Fiji because of concerns for their safety.  The Embassy is working with community leaders, he said, to finalize contingency evacuation and "stay in place" plans. 

A prominent Chinese-Fijian leader said most of these plans and other emergency preparations have been generated by the Chinese community itself, though it welcomes any support it can get from the PRC Embassy and the Taiwan Trade Mission in Suva.  Both officials we spoke to said they do not expect any violence against the Chinese community, but are taking precautions in light of the violence against Chinese in Tonga and the Solomon Islands.  The PRC government has not taken a strong stand against the military's actions, in keeping with its "non-interference" policy, though it did endorse the UN Security Council press statement on Fiji.”  

Chinese Embassy Developing Contingency Plans

Dinger also revealed the role the Chinese Embassy was playing in Suva as dictator Bainimarama was consolidating his brutal hold on power:

“Fei Mingxing, DCM at the PRC Embassy in Suva, told us the Embassy is working with the Chinese community in Fiji in developing contingency plans should the military takeover in Fiji lead to unrest or violence.  The Embassy held meetings with community leaders each of the last two weeks, and contacted leaders by phone after the announcement by Commander Bainimarama 12/05 that he had assumed control of the government.  The Embassy has made tentative plans to help with an evacuation, should it become necessary.   Embassy staff and families all remain in Suva, said Fei.  Employees have been advised to stock up on water and food supplies, based on the assumption that the Embassy will adopt a "stay in place" response to any unrest.  Fei said he is aware of only 17 permanent Chinese residents of Fiji who have left because of safety concerns.  He had heard of no problems since Baimimarama's announcement.  Fei estimated that 6,000-10,000 people of Chinese descent currently reside in Fiji.”

Chinese Community Taking Proactive Stance with Seeto’s help
 
Dinger shed further light on the concrete role Seeto was playing to protect the Chinese community: “Dixon Seeto, former president of the Chinese Association of Fiji, told us 12/05 that while the PRC Embassy has been helpful, the local Chinese community in Fiji initiated almost all the contingency planning mentioned by Fei.  Few among the entrenched Chinese community, he noted, have PRC passports. The Chinese Association has arranged for a large water tank to be installed at the Sun Yatsen school in Suva, the likely assembly point for Chinese if there is large-scale unrest.  It has also tentatively arranged transportation to Nadi should an evacuation become necessary. The association is working closely with the police to ensure Chinese farmers in rural Fiji are looked after.  The association has provided cell phones and other equipment to the police to make communication easier, he said.  Seeto said his association works closely with the Taiwan Trade Mission in Suva, as well as the PRC Embassy, and will accept help from either.”

Seeto feared “Tongan Re-play of Violence” against Chinese in Fiji

A month before the dictator had seized power in Fiji, Nukualofa, the Tongan capital, had gone up in racial flames, with many Tongan-Chinese businesses directly targeted, burned, and looted by angry Tongans. Seeto and the Chinese Embassy in Fiji were taking no chances.

Dinger reported to Washington: “Seeto agreed with Fei that long-term Chinese residents will ride out the crisis, but said that more recent Chinese arrivals in Fiji, especially those with PRC passports or dual-citizenship, may pull up stakes more quickly.  He noted with some disdain that the newly elected President of the Chinese Association (a New Zealand dual-citizen) was among those who have already left.  Seeto has therefore once again assumed the de-facto presidency of the association. Seeto said that members of the established Chinese community in Fiji, numbering about 6,000, are accepted and well-integrated citizens of the country, and therefore feel relatively safe.  Nevertheless, given the violence against Chinese in Tonga and the Solomons, the Chinese community must be prepared for the worst.”

Chinese Embassy adopts “Hands Off” attitude to dictator’s coup

Dinger, under a separate heading, “PRC Keeping its "Non-Interference" relayed the following: “Fei told us 12/06 that, as far as he is aware, the PRC has no plans to make any statement about the military's actions, in keeping with its "non-interference" foreign policy.  He noted, however, that the PRC endorsed the 11/29 Security Council press statement on Fiji which called upon the Fiji military to "exercise restraint and avoid taking any action that would undermine the rule of law and run counter to the best interests of the people of Fiji.”

In conclusion, Dinger concurred with Seeto and Fei, noting in his cable: “We agree with Seeto and Fei that widespread violence against Chinese is unlikely.  However, Chinese businesses are prominent throughout Fiji, and especially in central Suva. They could be a target if there is any breakdown in law and order after the military takeover. Given the violence that took place against Chinese businesses in Tonga, the proactive stance of the Chinese community seems entirely appropriate.”

The Hexagon Group is headed by its managing director, Dixon Seeto, who is also the President of the Fiji Hotel and Tourism Association

Stop the personal attacks and improper language: Pio Tabaiwalu tells  Pita Waqavonovono

Do not use swear words in the social media and get away from personal attacks as you are now an official of a political party.

That is the message from the General Secretary of the Social Democratic and Liberal Party Pio Tabaiwalu to SODELPA’s Youth Council Interim President Pita Waqavonovono.

Tabaiwalu confirmed that he had to speak to Waqavonovono after he used swear words and improper language on his twitter account while speaking about the proposed Fiji First.

“Yes I have spoken to Pita about the comments. He relayed to me that he apologized for the language that he had used. The twitter account is the personal account of Pita. It’s not an official SODELPA twitter account but in the same instance we are telling him that since now he is occupying a high position in the party that he has to be more careful in the language that he uses especially in the social media. To us the words that he used, some of our supporters will not take too kindly to the swear words that were there.”

Tabaiwalu then said Waqavonovono may have done this because he was taken in by the military in December 2006.

However, he stressed to Fijivillage that SODELPA does not condone the improper language used by Waqavonovono.
      
“I think this is a personal issue from him and I think he reacted that way. That’s about his personal experiences. It’s not that we are condoning what he said. I think we are just sympathetic that he went through that kind of treatment. We said that the position that he holds as a party official he can no longer make these statements publicly. We categorically told him that he can no longer use those kinds of language in the public arena.”

When questioned by Fijivillage, Tabaiwalu admitted that as they approach the general elections, they have to focus on issues that affect the people in the country, and not make personal attacks based on personal emotions.  

“We are trying to tell our people that we are above personal vilification. We try to keep within the issues. Yes I think that it is certainly proper that we do that. We are concentrating on the issues. They are young people coming into politics. They have to learn the ropes very quickly. They should learn to keep above the personal attacks at this stage.”

Fijivillage spoke to Pita Waqavonovono twice today. We tried to get an interview on this issue. He opted not to make any comments to us. Source: Fijivillage News

The visit to Viseisei, Vuda, by Voreqe Bainimarama and his campaign crew out to collect signatures for his party has angered some villagers for their complete disregard of village protocol while on a stopover. Some villagers openly criticized the entourage for showing no respect to village protocols especially Bainimarama himself.

Bainimarama was spotted wearing shorts and sandals in the village green on his way to the Chiefly bure of Vunisei. A villager who wished to remain anonymous said that never in the history of their existence has a Government leader show complete disrespect to village protocol walking around the village with shorts, let alone entering the chiefly residence with the kind of dress he was wearing.

"Even tourists that visit our village know what to wear when they come on village tours", she said. She was so furious that she labelled Bainimarama as a "Kaisi" walking around the village with his sandals and shorts. "Luve ni kaisi, luvata nomu i vava ni o taubale e noqu darata", she said with anger. How dare he comes into my village with his circus team disregarding Village protocols.?

His Fiji First campaign bus, taxi and other vehicles all drove into the village green and parked infront of the church.

Bainimarama walked into the Chiefly House and sat during the welcome ceremony with his shorts and he was seen later leaving the bure with the sandals in his hands. Some members of his campaign team were also seen to be wearing long pants and shorts, breaching the village's dress code during their short stay. Source: Kacivaka Na Dina.

The Khaiyum brothers Fiji Broadcasting (FB) Commission television station FBCTV ran a news bulletin reporting that the illegal Attorney-General Aiyaz Sayed Khaiyum was studying whether the postings by former Suva lawyer Rajendra Chaudhry, now temporarily living in Sydney, against Justice Paul Madigan was contempt of court. Chaudhry posted the comments on his Facebook after Justice Madigan found Mahendra Chaudhry guilty of  breaching the Exchange Control Act.

Fijileaks wants to remind its readers and the general public that this very illegal regime disobeyed Fiji High Court orders and deported Fiji Sun publisher Russell Hunter and Fiji Times publisher Evan Hannah when the two papers had highlighted Chaudhry's tax files in 2008; of course, then Mahendra Chaudhry was the "darling of the regime" holding the position of Finance Minister in Bainimarama's interim government.

One equally wonders whether Justice Paul Madigan is in contempt of court for taking up position as a High Court judge when the Fiji Court of Appeal ruled in 2009 that the Bainimarama government was an illegal regime. The Court also confirmed that the doctrine of necessity could not be used to justify a ‘revolutionary regime’. The losers, on 10 April 2009, abrogated the 1997 Constitution of Fiji. Qarase v Bainimarama [2009] FJCA 9; ABU0077.2008S (9 April 2009) - Court of Appeal, Fiji. The Court concluded its judgement as follows:

Declarations and Orders"

The Court hereby:(1) Declares that:(a) the assumption of executive authority and the declaration of a State of Emergency by the First Respondent;
(b) the dismissal of the First Appellant from the office of Prime Minister and the appointment of Dr Jona Baravilala Senilagakali as caretaker Prime Minister;(c) the advice that Parliament be dissolved by Dr Senilagakali;(d) the order by the First Respondent that the Parliament be dissolved;(e) the appointment on 5 January 2007 of the First Respondent as Interim Prime Minister and of other persons as his Ministers by President Uluivuda;(f) the purported Ratification and Validation of the Declaration and Decrees of the Fiji Military Government Decree of 16 January 2007, subsequently renamed as a Promulgation of the Interim Government of the Republic of Fiji, by which decree President Uluivuda purported to validate and confirm the dismissal of the First Appellant as Prime Minister of Fiji, the appointment of Dr Senilagakali as caretaker Prime Minister and the dissolution of Parliament;were unlawful acts under the Fiji Constitution.

(2) Declares that in the events that have occurred it would be lawful for the President acting pursuant to section 109(2) of the Fiji Constitution, or as a matter of necessity, to appoint a caretaker Prime Minister to advise a dissolution of the Parliament and the issuance of writs for the election of members of the House of Representatives."