 Today 100 years ago the battle in Gallipoli began and eventually claimed the lives of more than 130,000 young men from both sides of the conflict. We will remember all of them today, those brave sons who sacrificed their lives in the defense of the Peace we so often take for granted. We pray for and give thanks to their families who continued that fight for our freedom by shouldering for all of us the burden their loss, we pray also for those young men that survived the war, and who faced alone the trauma and pain of the conflicts and carried the memories for their fallen comrades and helped us all remember them so that 100 years on, we shall not forget. On behalf of all the families of Fiji, I give thanks to all the families of those brave sons of ANZAC who made the ultimate sacrifice for us and those who survived Vinaka Vakalevu and we honor your courage and bravery today. The sad reality of the World Wars is the causalities like the young men we honor today. Approximately 92 million causalities from the two world wars and in the past 4 years another 20 armed conflicts have occurred and are ongoing around the World and tens of thousands of innocent men, women and children have perished with multiple millions more displaced. I pray that good scene will one day soon possess all leaders so that they collectively realize that the greater conflict that all nations will face sooner rather than later is the survival of mankind itself. The hundreds of billions of dollars spent each year on instruments of war that unleash destruction if redirected towards more humane and moral challenges like the survival of mankind and the plant earth, we will yield enough positive results that we would be able to house every needy family, create enough employment for all and through the peaceful use of technology, create new ways to feed people and ensure enough drinking water and sanitation. We can use our collective energies to fight climate change and bring the combined resources of our plant to ensure we are one with nature. This would ensure that life for our future generations is sustainable. But for today, let us remember our courageous men of ANZAC in our prayers and our hopes for the future. Lest we forget, I want to also pay tribute to one of our own great leaders of Fiji; Ratu Sir Lala Sakuna who was himself in battle as a member of the French Foreign Legion during the great European War. We remember to the members of the First Fiji Contingent who were attached to the Kings Royal Riffles and engaged in the battle of Ypres from May 8th to 10th 1915, sadly, in this battle all but three of our men lost their lives. We will shall never forget them Ro Teimumu V Kepa Leader of the Opposition  FORGOTTEN BY WAR HISTORY: Up to 15,000 'forgotten' Indian soldiers fought alongside Anzacs - Unlike many Australian troops, all the Indians who fought were professional soldiers Up to 15,000 Indians fought with allied troops at Gallipoli, but their contribution remains relatively unknown and unrecognised in Australia and their homeland, research has found. "The average Indian is almost ignorant about Gallipoli as a campaign in World War I," retired Indian Air Force wing commander Rana Chhina said. Historians believe almost 1,400 Indians died at Gallipoli and up to 3,500 were wounded. Unlike many of the Australian troops, all the Indians who fought were professional soldiers. "We had an Indian infantry brigade, the 29th Indian Infantry Brigade. We had a mountain artillery brigade and, of course, the mule transport," Mr Chhina said. The Mule Corps comprised of 650 men and more than 1,000 mules to transport supplies to troops on the peninsula where motor transport was impossible. Historians say the Mule Corps established themselves in an area known as Mule Gully, which came under constant sniper and machine gun fire during the day. As a result, most transport took place at night. "The Mule Corps were the unsung heroes of Gallipoli. If it hadn't been for them, the Anzacs and the rest wouldn't have been able to hold on in the manner that they did," Mr Chhina said. Source: ABC News  'Not white enough to fight', Chinese Anzacs initially barred from enlisting for WWI More than 200 Chinese Anzacs who fought bravely for Australia during WWI were almost stopped from enlisting because they were not of "sufficient European origin or descent". When war broke out, an Act of Parliament in line with the White Australia Policy prevented any man who was not white from signing up to go to war. This included Chinese-Australians born here after their parents came for the gold rush of the late 1800s. Historian Emily Cheah Ah-Qune said some managed to sneak through and go to Gallipoli early in the campaign, but the majority were turned away on sight. "We do know for a fact that some of the men who tried to enlist were barred from enlisting by medical officers because they were not substantially European enough," she said. Ms Cheah Ah-Qune is curator of the Chinese Anzacs exhibition at Melbourne's Chinese Museum. She and her colleagues discovered at least 218 Chinese-Australians went to the front, but most were forced to wait until the Australian Imperial Force (AIF) needed reinforcements. "At that time, Australia had suffered heavy losses in the war and they just wanted to raise enough numbers and send these young men overseas," Ms Cheah Ah-Qune said. The law had not been changed but Ms Cheah Ah-Qune suggested: "Perhaps the rules were relaxed, perhaps medical officers were no longer as stringent in the criteria, and perhaps other young men saw what others had sacrificed for the country and went 'you know what? I'm going too'." 'If Australia's good enough to live in, it's good enough to fight for'Victorian man Benjamin Moy Ling tried to enlist twice, before he was finally accepted in 1917 at the age of 31. He served with the 60th Battalion and later with the 4th Divisional Signals Company. Mr Moy Ling's great-niece, Serena Cheung, said her great-uncle wanted to enlist because he said at the time: "If Australia's good enough to live in, it's good enough to fight for." She is very proud of the job her great-uncle Ben did on the Western Front, but shakes her head knowing the law meant he was nearly never sent there. "These days we would call it discrimination," Ms Cheung said. "But there were no qualms about it; it was written across the earlier applications forms. "I guess in those days one couldn't really protest against that, but it makes one feel angry that he was discriminated against." Mr Moy Ling survived the war and returned to his home in Melbourne in 1919. "We are very proud of him and I wonder what he would think if he knew the subject of this story," Ms Cheung said. Ms Cheah Ah-Qune said just 36 of the 218 soldiers she and her colleagues have researched died in battle. Many of those who survived were recognised with military honours. "Of the Chinese-Australians that we have managed to research, 19 of them won 23 gallantry awards so that's quite substantial," Ms Cheah Ah-Qune said. "One of them was actually awarded the Belgian Croix de Guerre, which is one of the highest awards you could possibly have. "There are some families who are very hesitant to own up to Chinese heritage even today, quite possibly because of the legacy of the White Australia Policy. "But [descendants of Chinese Anzacs] should be proud because they are a large part of Australian history." Source: ABC News The acting Divisional Land Manager Northern (19 January 2015) to Secretary of the Labasa Ratepayers Association:  Your letter to this office dated 1/12/2014 as Secretary of the Labasa Ratepayers Association is referred. We have made confirmation to Lot 1 M2605 that it is indeed State Land (Foreshore). It is neither Schedule A nor Schedule B land but State Land (Foreshore). The delay in responding to your correspondence is highly regretted. Vinaka. "WE BELONG TO THE LAND, THE LAND BELONG TO ITS CREATOR"  From Fijileaks Archive:       Khaiyum with Sharma The Attorney‑General Aiyaz Sayed-Khaiyum held discussions with the Secretary‑General of the Commonwealth, Kamlesh Sharma on the new Fijian Constitution that contains an unprecedented and comprehensive Bill of Rights. The Secretary‑General recognized the enormous strides that Fiji has made and congratulated Fiji on the successful holding of its first truly democratic elections held under the Constitution. They also discussed the objective of the FijiFirst government to create strong independent institutions as provided for under the Constitution. The Attorney‑General also briefed the Secretary‑General on the economic strides made by Fiji in recent years and the opportunities of investment for foreign capital. Fijivillage News SHAMEFUL INTERVENTION: 'TAKE A LEAF OUT OF OUR INHUMANE REFUGEE POLICY' - AUSTRALIAN PM URGES EUROPE TO USE MILITARY GUN BOATS TO STOP MIGRANTS ATTEMPTING CROSSING |
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What next for Naupoto? Parliament? We must not be surprised with REWARDS to FFP Candidates
Ba lawyer and FFP MP Ashneel Sudhakar was appointed Chairman of the Justice, Law and Human Rights Standing Committee - remember him - YES, HE threatened to 'mortein' VICTOR LAL, the founding Editor-in-Chief of Fijileaks; Sudhakar was also part of the group calling for the ISIS style beheading of VICTOR LAL on the streets of London.
WELCOME TO FFP! Fiji Police yet to ARREST and QUESTION HIM!
Melbourne man Neil Prakash goes by the name of Abu Khaled al-Cambodi. Hunt for terrorist
Nasik Swami
Fiji Times
Thursday, April 23, 2015
THE Fiji Police Force is working closely with Australian authorities in the search for the most senior member of Islamic State who is believed to be of Fijian and Cambodian descent.
Police chief of intelligence ACP Henry Brown said the Fiji Police did not regard Neil Prakash, who is Australia's most wanted man, as a threat to Fiji.
"The Fiji Police Force is in constant communication with our Australian counterparts on what has been transpiring and we can confirm that the said individual has had no direct association with Fijian nationals on the allegations levelled against him being an Islamic extremist," Mr Brown said.
The Melbourne resident, Mr Brown said was not a direct threat to Fiji. But he said they were working closely with Australia regarding any major development.
According to The Australian newspaper, Prakash is believed to have stepped into the void left by Mohammad Ali Baryalei, an Australian jihadist who is reported to have facilitated the travel of dozens of young Australians to the Syrian front and into the ranks of Islamic State.
The newspaper reported that Prakash, who prayed at the al-Furqan centre before leaving for Syria, provided encouragement to other members who, like scores of other young Australian Muslims, dreamed of travelling to the battlefields of Syria and Iraq.
"Instead, Prakash encouraged some of them (young Australians) to stay in Australia and carry out attacks. Prakash did not have any operational control of the alleged conspiracy," The Australian reported.
It is alleged Prakash plotted to massacre police and members of the public in an Anzac Day terror attack.
The Australian claimed that Prakash was the ringleader of the Anzac Day plot and that he was in regular contact with Pakistan.
"It is understood intercepted communications have linked Prakash, who fights under the nom de guerre Abu Khalid al-Cambodi, to the Melbournians, who allegedly planned to use swords and knives to attack police on Anzac Day," it further reported.
The newspaper reported Prakash had maintained a high public profile, regularly using Twitter and other social media platforms to communicate with his followers.
It further stated that as well as promoting violence, Prakash had also been helping men and women join Islamic State, sometimes openly declaring that he was in close contact with the group's organisers, who helped people cross into Syria.
Fiji Muslim League president Hafiz Khan said the league was not aware of Prakash
Nasik Swami
Fiji Times
Thursday, April 23, 2015
THE Fiji Police Force is working closely with Australian authorities in the search for the most senior member of Islamic State who is believed to be of Fijian and Cambodian descent.
Police chief of intelligence ACP Henry Brown said the Fiji Police did not regard Neil Prakash, who is Australia's most wanted man, as a threat to Fiji.
"The Fiji Police Force is in constant communication with our Australian counterparts on what has been transpiring and we can confirm that the said individual has had no direct association with Fijian nationals on the allegations levelled against him being an Islamic extremist," Mr Brown said.
The Melbourne resident, Mr Brown said was not a direct threat to Fiji. But he said they were working closely with Australia regarding any major development.
According to The Australian newspaper, Prakash is believed to have stepped into the void left by Mohammad Ali Baryalei, an Australian jihadist who is reported to have facilitated the travel of dozens of young Australians to the Syrian front and into the ranks of Islamic State.
The newspaper reported that Prakash, who prayed at the al-Furqan centre before leaving for Syria, provided encouragement to other members who, like scores of other young Australian Muslims, dreamed of travelling to the battlefields of Syria and Iraq.
"Instead, Prakash encouraged some of them (young Australians) to stay in Australia and carry out attacks. Prakash did not have any operational control of the alleged conspiracy," The Australian reported.
It is alleged Prakash plotted to massacre police and members of the public in an Anzac Day terror attack.
The Australian claimed that Prakash was the ringleader of the Anzac Day plot and that he was in regular contact with Pakistan.
"It is understood intercepted communications have linked Prakash, who fights under the nom de guerre Abu Khalid al-Cambodi, to the Melbournians, who allegedly planned to use swords and knives to attack police on Anzac Day," it further reported.
The newspaper reported Prakash had maintained a high public profile, regularly using Twitter and other social media platforms to communicate with his followers.
It further stated that as well as promoting violence, Prakash had also been helping men and women join Islamic State, sometimes openly declaring that he was in close contact with the group's organisers, who helped people cross into Syria.
Fiji Muslim League president Hafiz Khan said the league was not aware of Prakash
SUDHAKAR: GUARDING human rights and justice in FFP Fiji!
Bai refutes claims A Fijian government delegation has said in a UN meeting that the indigenous people of Fiji are firmly in control of their destiny.
The 14th session of United Nations Permanent Forum on Indigenous Issues is currently underway at the UN Headquarters in New York.
Permanent Mission’s First Secretary, Gene Bai, advised the Forum that Fiji’s 2013 Constitution is consistent with the United Nations Declaration on the Rights of Indigenous People.
He spoke about the relevant provisions in the Constitution of Fiji that specifically protect the rights of the i-Taukei.
The Forum heard that the i-Taukei enjoy full rights to land, culture, institutions and religion, with all these rights firmly protected within the constitution and the nation’s written laws and regulations.
In no way, the Fijian Delegation affirmed, should these rights of the i-Taukei be perceived to be under threat.
Bai said the constitution affirms that the ownership of all i-Taukei land shall remain with the customary owners and that i-Taukei land can never be alienated by sale or transfer.
He explained that for the first time, the constitution’s Bill of Rights sets out the right to a fair share of royalties for the landowners of any minerals found under their land or under the seabed in which they have customary fishing rights. Source: Fijivillage News
The 14th session of United Nations Permanent Forum on Indigenous Issues is currently underway at the UN Headquarters in New York.
Permanent Mission’s First Secretary, Gene Bai, advised the Forum that Fiji’s 2013 Constitution is consistent with the United Nations Declaration on the Rights of Indigenous People.
He spoke about the relevant provisions in the Constitution of Fiji that specifically protect the rights of the i-Taukei.
The Forum heard that the i-Taukei enjoy full rights to land, culture, institutions and religion, with all these rights firmly protected within the constitution and the nation’s written laws and regulations.
In no way, the Fijian Delegation affirmed, should these rights of the i-Taukei be perceived to be under threat.
Bai said the constitution affirms that the ownership of all i-Taukei land shall remain with the customary owners and that i-Taukei land can never be alienated by sale or transfer.
He explained that for the first time, the constitution’s Bill of Rights sets out the right to a fair share of royalties for the landowners of any minerals found under their land or under the seabed in which they have customary fishing rights. Source: Fijivillage News
LIKE these repeat offenders, Aussies can fly in and out of Fiji, enjoying 'banana boat rides', with their Qantas grocery points
Fijileaks to FICAC: When will Chand be charged with further offences?
THE GHOST OF HARYANAGATE
RECALL BAINIMARMA ACTING LIKE A BARKING 'GUARD DOG' OF MAHENDRA CHAUDHRY IN 2008; NOW HE IS ACCUSING THE SAMOAN PM OF ACTING LIKE A 'LAPDOG' FOR AUSSIES AND KIWIS
“We also have the recent case of an opinion columnist in the Fiji Sun masquerading as a regular correspondent...writing front page stories. So blatant has been the Fiji Sun’s disregard for ethics that these lead stories have explicit opinions contained within the article. These little tricks are getting out of hand and that is the reason why we have called everyone here to explain to you in detail once and for all the truth that continues to be misconstrued and disregarded by most sections of the media.” Bainimarama attacking Victor Lal at a hastily convened press conference while defending his then Finance Minister Chaudhry over the tax story, 24 February 2008
Re: IN RESPONSE TO “FIRCA’S RESPONSE TO FIJI SUN ARTICLE”, 4/2/08: Victor Lal’s letter to Interim PM Bainimarama regarding Chaudhry tax's stories and attempts by FIRCA chairman Bole to cover up
“Further to my previous communication in which I insisted that an analysis of the tax records of Mr Mahendra Chaudhry clearly establishes tax evasion, I want to re-iterate that I have no political agenda against anyone, as FIRCA continues to assert, regarding my stories in the Fiji SUN of tax evaders, and whom FIRCA is protecting.
Mahendra Chaudhry: As I stated previously, I still stand by my claims, and I have obtained further details from the Australian authorities that he has monies in Australian banks and had failed to declare the interests he received there to FIRCA. He is yet to account for the thousands of dollars he collected worldwide for the Cyclone Ami funds. I wrote to him in 2006, asking him to open up the books in relation to the funds held in the Bank of Baroda - to date he has not responded.
Fiji Water: Regarding Fiji Water, those involved in the case include the former director of Fiji Water, Mr Kubs, Mr Lyne (who was Mr Kub's expert witness in the case that Mr Kubs lost and FIRCA lawyer Michael Scott (who had given advice to Mr Kubs).
Now, FIRCA is threatening to take legal action against me. Well, I look forward to the opportunity, for perhaps what they are trying to prevent me from exposing, I will be able to expose in a court of law. On law, FIRCA’s own legal consultant, who is most likely to frame charges against me, has been found to have failed to declare $630,000 in consulting fees from FIRCA and RBF over the period June 2004 and October 2007.
According to FIRCA sources, who are disgusted with the double standard, corruption, and nepotism in their organisation claim that Mr Scott’s assessed bill still stood, with additional penalties for late payments now totalling $154,000.
The Debt Collection Department is too frightened to approach him. While admitting tax liability to the Governor of the Reserve Bank of Fiji, Mr Scott instead launched a vicious attack on the officer who audited him during the recent audit of FIRCA staff, calling him, according to evidence I have on me, incompetent, ignorant and someone who was full of malice against Mr Scott.
Many FIRCA officers are horrified because according to them this was the very officer who was tasked by their CEO Mr Jitoko Tikolevu and Mr Aiyaz Sayed Khaiyum to investigate Chief Justice Daniel Fatiaki’s tax records and had concluded that he (Justice Fatiaki) evaded taxes, and should therefore be charged with 26 counts of tax evasion - the matter is now a subject of a public enquiry.
Chief Justice Daniel Fatiaki and Income Tax Act: Well, if Mr Tikolevu, Mr Filipe Bole previously, and now Mr Chaudhry claim that a taxpayer’s records are private and cannot be obtained without the permission of the taxpayer, then why Mr Fatiaki's tax records, to the minute details, was released by Mr Khaiyum for public consumption?
Did FIRCA or the A-G or Michael Scott seek Justice Fatiaki’s permission before making it public? The truth is that there is a general apprehension that I am inching closer to the big sharks in FIRCA, including Mr Chaudhry, so the best defence is to attack the messenger, discredit me by accusing me of having a political agenda, and then to hide behind the cloth of legalism.
Tax Scam inside FIRCA: The FIRCA Board member is none other than Mr Chaudhry’s relative and appointee Mr Arvind Datt who was the subject of my front page story in the Sunday SUN. I had nothing to do with the FIRCA tender story - for that is not my area of investigation. Mr Datt has been threatening staff, I am told, and only got caught for falsely claiming rental loss on his property because he was harrying the staff to speed up his returns. I have incontrovertible evidence to support my claims that he evaded tax but was caught out.
I am told that there never was any investigation into Chaudhry’s tax matter and that Mr Bole, as chairman of FIRCA, blatantly lied to you that Mr Chaudhry was in the clear. I call upon you to ask Mr Chaudhry, Mr Datt, Mr Scott and Mr Tikolevu to step down so that a thorough investigation by an independent investigator of our choice can look into their tax records.
I still do not understand what is it that is making you so protective of Mr Chaudhry, who is simply abusing his position, and so are his supporters inside FIRCA, while identifying and pursuing his political opponents, according to those inside FIRCA.
The scale of the scandal and tax fraud committed by FIRCA top brass in fact calls for a Commission of Inquiry, which could even bring down your government if I decide to go public on the Doctrine of Public Interest like you invoked the Doctrine of Necessity to execute your December 5 2006 coup.
Let me put it the other way. It took your illegal coup to finally catch the highest judicial officer in the land, Justice Fatiaki, who now admits to irregularities in his tax returns. A report into his tax files concluded that he could be charged with criminal tax offence because “The offence was wilful as Mr Fatiaki prepared his own tax returns and was not misled into the omission by a tax agent or other person. Mr Fatiaki signed the tax returns personally including the declaration that the returns were “true and complete”. The declaration will be tendered as evidence before the court by the very FIRCA officer, who also audited Mr Scott and Datt and found that they had not honestly declared their tax returns.
So the nation is entitled to ask you why should Mr Fatiaki be hauled before a public inquiry and those around Mr Chaudhry inside FIRCA, the likes of Mr Datt and Mr Scott should be untouchables, including Mr Chaudhry.
Independent Commission of Inquiry: I am sorry to have been too long but the gravity of the scandal inside FIRCA is so deep that it needs to be highlighted. It’s time you acted against these people, and it is in their own interests to clear their names, for evidence on me, in the form of their tax files, tell a very different story.
We cannot invoke Section 4 of the Tax Act and allow them to hide, for do you really believe that they will grant me permission to analyse their tax records, if it was so, Justice Fatiaki would have been caught out long ago.
I am willing to fully co-operate with any independent investigator provided all those mentioned are suspended from their positions, including Mr Chaudhry, and failing to do so I relish meeting FIRCA in a court of law where I will be able to produce irrefutable evidence of, what appears from their tax files, systematic tax evasion by these individuals!”
Yours sincerely
Victor Lal
4 February 2008
“Further to my previous communication in which I insisted that an analysis of the tax records of Mr Mahendra Chaudhry clearly establishes tax evasion, I want to re-iterate that I have no political agenda against anyone, as FIRCA continues to assert, regarding my stories in the Fiji SUN of tax evaders, and whom FIRCA is protecting.
Mahendra Chaudhry: As I stated previously, I still stand by my claims, and I have obtained further details from the Australian authorities that he has monies in Australian banks and had failed to declare the interests he received there to FIRCA. He is yet to account for the thousands of dollars he collected worldwide for the Cyclone Ami funds. I wrote to him in 2006, asking him to open up the books in relation to the funds held in the Bank of Baroda - to date he has not responded.
Fiji Water: Regarding Fiji Water, those involved in the case include the former director of Fiji Water, Mr Kubs, Mr Lyne (who was Mr Kub's expert witness in the case that Mr Kubs lost and FIRCA lawyer Michael Scott (who had given advice to Mr Kubs).
Now, FIRCA is threatening to take legal action against me. Well, I look forward to the opportunity, for perhaps what they are trying to prevent me from exposing, I will be able to expose in a court of law. On law, FIRCA’s own legal consultant, who is most likely to frame charges against me, has been found to have failed to declare $630,000 in consulting fees from FIRCA and RBF over the period June 2004 and October 2007.
According to FIRCA sources, who are disgusted with the double standard, corruption, and nepotism in their organisation claim that Mr Scott’s assessed bill still stood, with additional penalties for late payments now totalling $154,000.
The Debt Collection Department is too frightened to approach him. While admitting tax liability to the Governor of the Reserve Bank of Fiji, Mr Scott instead launched a vicious attack on the officer who audited him during the recent audit of FIRCA staff, calling him, according to evidence I have on me, incompetent, ignorant and someone who was full of malice against Mr Scott.
Many FIRCA officers are horrified because according to them this was the very officer who was tasked by their CEO Mr Jitoko Tikolevu and Mr Aiyaz Sayed Khaiyum to investigate Chief Justice Daniel Fatiaki’s tax records and had concluded that he (Justice Fatiaki) evaded taxes, and should therefore be charged with 26 counts of tax evasion - the matter is now a subject of a public enquiry.
Chief Justice Daniel Fatiaki and Income Tax Act: Well, if Mr Tikolevu, Mr Filipe Bole previously, and now Mr Chaudhry claim that a taxpayer’s records are private and cannot be obtained without the permission of the taxpayer, then why Mr Fatiaki's tax records, to the minute details, was released by Mr Khaiyum for public consumption?
Did FIRCA or the A-G or Michael Scott seek Justice Fatiaki’s permission before making it public? The truth is that there is a general apprehension that I am inching closer to the big sharks in FIRCA, including Mr Chaudhry, so the best defence is to attack the messenger, discredit me by accusing me of having a political agenda, and then to hide behind the cloth of legalism.
Tax Scam inside FIRCA: The FIRCA Board member is none other than Mr Chaudhry’s relative and appointee Mr Arvind Datt who was the subject of my front page story in the Sunday SUN. I had nothing to do with the FIRCA tender story - for that is not my area of investigation. Mr Datt has been threatening staff, I am told, and only got caught for falsely claiming rental loss on his property because he was harrying the staff to speed up his returns. I have incontrovertible evidence to support my claims that he evaded tax but was caught out.
I am told that there never was any investigation into Chaudhry’s tax matter and that Mr Bole, as chairman of FIRCA, blatantly lied to you that Mr Chaudhry was in the clear. I call upon you to ask Mr Chaudhry, Mr Datt, Mr Scott and Mr Tikolevu to step down so that a thorough investigation by an independent investigator of our choice can look into their tax records.
I still do not understand what is it that is making you so protective of Mr Chaudhry, who is simply abusing his position, and so are his supporters inside FIRCA, while identifying and pursuing his political opponents, according to those inside FIRCA.
The scale of the scandal and tax fraud committed by FIRCA top brass in fact calls for a Commission of Inquiry, which could even bring down your government if I decide to go public on the Doctrine of Public Interest like you invoked the Doctrine of Necessity to execute your December 5 2006 coup.
Let me put it the other way. It took your illegal coup to finally catch the highest judicial officer in the land, Justice Fatiaki, who now admits to irregularities in his tax returns. A report into his tax files concluded that he could be charged with criminal tax offence because “The offence was wilful as Mr Fatiaki prepared his own tax returns and was not misled into the omission by a tax agent or other person. Mr Fatiaki signed the tax returns personally including the declaration that the returns were “true and complete”. The declaration will be tendered as evidence before the court by the very FIRCA officer, who also audited Mr Scott and Datt and found that they had not honestly declared their tax returns.
So the nation is entitled to ask you why should Mr Fatiaki be hauled before a public inquiry and those around Mr Chaudhry inside FIRCA, the likes of Mr Datt and Mr Scott should be untouchables, including Mr Chaudhry.
Independent Commission of Inquiry: I am sorry to have been too long but the gravity of the scandal inside FIRCA is so deep that it needs to be highlighted. It’s time you acted against these people, and it is in their own interests to clear their names, for evidence on me, in the form of their tax files, tell a very different story.
We cannot invoke Section 4 of the Tax Act and allow them to hide, for do you really believe that they will grant me permission to analyse their tax records, if it was so, Justice Fatiaki would have been caught out long ago.
I am willing to fully co-operate with any independent investigator provided all those mentioned are suspended from their positions, including Mr Chaudhry, and failing to do so I relish meeting FIRCA in a court of law where I will be able to produce irrefutable evidence of, what appears from their tax files, systematic tax evasion by these individuals!”
Yours sincerely
Victor Lal
4 February 2008
Fijileaks: Number One Online Destination for What Is Really Happening Inside Fiji
Founding Editor-in-Chief: VICTOR LAL. E-mail: [email protected]
Dr. Ganesh Chand’s case referred to High Court
Wednesday, 22/04/2015
Former Vice Chancellor of the Fiji National University Doctor Ganesh Chand who has been charged with one count of abuse of office by the Fiji Independent Commission Against Corruption reappeared in the Suva Magistrates Court this morning.
His lawyer Devinesh Sharma told the court that he will have discussions with FICAC in relation to jurisdiction matters.
The case has been transferred to the High Court where Sharma can make his submission.
Doctor Chand while being employed in the Public Service as the Vice Chancellor of FNU, allegedly abused his authority by approving the payments for overseas medical treatment for the then Minister of Education and the Chairman of the Fiji National University Council, Filipe Bole without the approval of the FNU Council.
Chand’s bail is extended to the 15th of next month.
Story by Vijay Narayan,Swastika Singh and Tokasa Rainima, Fijivillage News.
Wednesday, 22/04/2015
Former Vice Chancellor of the Fiji National University Doctor Ganesh Chand who has been charged with one count of abuse of office by the Fiji Independent Commission Against Corruption reappeared in the Suva Magistrates Court this morning.
His lawyer Devinesh Sharma told the court that he will have discussions with FICAC in relation to jurisdiction matters.
The case has been transferred to the High Court where Sharma can make his submission.
Doctor Chand while being employed in the Public Service as the Vice Chancellor of FNU, allegedly abused his authority by approving the payments for overseas medical treatment for the then Minister of Education and the Chairman of the Fiji National University Council, Filipe Bole without the approval of the FNU Council.
Chand’s bail is extended to the 15th of next month.
Story by Vijay Narayan,Swastika Singh and Tokasa Rainima, Fijivillage News.
THREE YEARS ON: FICAC nor DPP willing to charge another regime lackey Nalin Patel who played key role with Chaudhry in 'Haryanagate'
To summarize, Justice Goundar observed in Chaudhry v State [2012] FJHC 1229; HAM034.2011 (25 July 2012):
“The applicant says he later found out that a former editor of the Fiji Sun obtained his confidential tax details from FIRCA and released it to Victor Lal, a former Fiji journalist residing overseas. Victor Lal published those details in anti-government websites.”
We have demonstrated that we never published Mr Chaudhry’s tax details in any anti-government websites but in the Sunday Sun dated 24 February 2008, including the first tax story in the Fiji Sun, on 15 August 2007.
1: We therefore call upon the Director of Public Prosecutions to investigative whether Mr Chaudhry committed the offence of “perjury in a false affidavit”.
2: We call upon the Director of Public Prosecutions to investigate whether Mr Chaudhry’s legal representatives in offering his affidavit to the Fiji High Court are also guilty of aiding and abetting the offence of perjury in a false affidavit, for it is abundantly clear that we did not publish Mr Chaudhry’s tax details in any anti-government websites.
3: We request the Director of Public Prosecutions to establish on what grounds the original letter tendered from one Harbhajan Lal dated 9 September 2004 to FIRCA from Haryana in India was withheld [if it was] and a new letter from Delhi Study Group dated 12 October 2004 substituted in Mr Chaudhry’s affidavit before Justice Daniel Goundar in the Fiji High Court. The “Harbhajan Lal Letter” of 9 September 2004 states the money was collected in Haryana and part of it was transacted through the Indian Consulate in Sydney, Australia. Harbhajan Lal wrote from Haryana:
“Respected Chaudhry Saheb, Nameste. We are hale and hearty here and please accept our good wishes. I received your letter. You have asked for details of the funds. You may recall that when you were here in the year 2000, we had formed a committee, which requested you to leave Fiji and stay in Australia since the situation in Fiji was not safe and you were not secure there. The committee also assured you that it would collect funds for your settlement in Australia. Lakhs of people from Haryana including traders, businessmen, landlords and non-resident Indians contributed heavily for the cause. The amount was pouring in for three years, which was sent to you from the year 2000 to 2002. The total amounting to nearly AUD fifteen laks was sent to you with the help of Government of India through its Consulate General in Sydney. We sent AUD 503,000/- as first instalment in the year 2000. In 2001, AUD $486,890/- was sent and then in 2002 AUD $514, 149/- was sent.”
The “Delhi Study Group Letter” states, “This is to confirm that funds were collected in New Delhi and other parts of India, including NRI's (Non-Resident Indians) to assist Hon'ble Mahendra Pal Chaudhry, Former Prime Minister of Fiji in 2000-2002.”
5: We call upon the Director of Public Prosecutions to ask Mr Chaudhry who transferred the money from India – Delhi Study Group based in New Delhi or Harbahajan Lal in Haryana, India?
6: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel, in presenting to FIRCA the letter from Harbhjan Lal, whose content was materially false [re his enquiring the details of the funds etc] –Chaudhry (and Nalin Patel) committed a criminal offence under Fiji’s tax laws by offering a false document to FIRCA, namely the Harbhajan Lal letter.
7: We request the Director of Public Prosecutions to investigate the Suva accountancy firm of G. Lal & Co, Mr Chaudhry’s delegated tax agent to deal with FIRCA in 2004, to establish whether it was aware of the inconsistencies in the Harbhajan Lal-Chaudhry correspondence regarding the $2million, and whether the accountancy firm also had in its possession the Delhi Support Group letter dated 12 October 2004.
8: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel submitted Harbhajan Lal’s letter knowing its content was false in material respects to prevent FIRCA from pursuing the original source of the funds in Mr Chaudhry’s Australian bank account.
9: We request the Director of Public Prosecutions to investigative whether Mr Chaudhry, in presenting the Tax Amnesty submission to the Cabinet in September 2007 for endorsement, might have abused office as Interim Finance Minister and direct line manager of Fiji Island Revenue and Customs Authority (FIRCA), to benefit himself, and to escape any future criminal prosecutions for submitting late tax returns between 2000 and 2003. We have documentary evidence that in August 2007 Mr Chaudhry still owed FIRCA $57,000 in tax debt, due to be paid on 9 August 2007. His own $57,000 could have fitted into insufficient advance payment or even late payment amnesty.
10. We therefore request the DPP to establish whether Mr Chaudhry had taxes or returns outstanding and paid during the amnesty period he had ordered and hence gained avoidance of penalties, and if so, then a case for Abuse of Office as Finance Minister and line manager of FIRCA could be made against him.
11: We call upon the Director of Public Prosecutions to plead with the Fiji High Court to expunge the patently false claims made against us in Chaudhry v State [2012] FJHC 1229; HAM034.2011 (25 July 2012) – re that we published Mr Chaudhry’s tax details in anti-government websites. In conclusion, we leave you with the words of the great English judge, the late Lord Denning in King v Victor Parsons & Co [1973] 1 WLR 29, 33-34:
“The word 'fraud' here is not used in the common law sense. It is used in the equitable sense to denote conduct by the defendant or his agent such that it would be 'against conscience' for him to avail himself of the lapse of time. The cases show that, if a man knowingly commits a wrong (such as digging underground another man's coal); or a breach of contract (such as putting in bad foundations to a house), in such circumstances that it is unlikely to be found out for many a long day, he cannot rely on the Statute of Limitations as a bar to the claim: see Bulli Coal Mining Co v Osborne [1899] AC 351 and Applegate v Moss [1971] 1 QB 406. In order to show that he 'concealed' the right of action 'by fraud', it is not necessary to show that he took active steps to conceal his wrongdoing or breach of contract. It is sufficient that he knowingly committed it and did not tell the owner anything about it. He did the wrong or committed the breach secretly. By saying nothing he keeps it secret. He conceals the right of action. He conceals it by 'fraud' as those words have been interpreted in the cases. To this word 'knowingly' there must be added recklessly': see Beaman v ARTS Ltd [1949] 1 KB 550, 565-566. Like the man who turns a blind eye. He is aware that what he is doing may well be a wrong, or a breach of contract, but he takes the risk of it being so. He refrains from further inquiry least it should prove to be correct: and says nothing about it. The court will not allow him to get away with conduct of that kind. It may be that he has no dishonest motive: but that does not matter. He has kept the plaintiff out of the knowledge of his right of action: and that is enough: see Kitchen v Royal Air Force Association [1958] 1 WLR 563.”
The limitation statute’s aim is to prevent citizens from being oppressed by stale claims, to protect settled interests from being disturbed, to bring certainty and finality to disputes and so on. These are, as legal commentators have pointed out, laudable aims but they can conflict with the need to do justice in individual cases where an otherwise unmeritorious defendant can play the limitation trump card and escape liability.
We call upon the Director of Public Prosecutions to ask Mr Chaudhry which of the two letters – Harbhajan Lal or Delhi Study Group – is the lie – as they both can’t be genuine. Apart from the false accusations against us in his affidavit, the contents of the Harbhajan Lal letter dated 9 September 2004 does not accord with his bank statements from the Commonwealth Bank of Australia which he offered to FIRCA.
In our humble submission we beg the Director of Prosecutions to call upon the Fiji High Court to waiver the statute of limitation for prima facie there is evidence in the “Harbhajan Lal” letter that Mr Chaudhry obtained a favourable decision from FIRCA (an oversight on the part of FIRCA tax officers) through alleged fraud – the contents of the Harbhajan Lal letter does not square with his Australian bank statements.
Moreover, although we do not have a copy of Mr Chaudhry’s affidavit cited by Justice Goundar (despite requests for one from the Director of the Public Prosecutions) we call upon the Director of Public Prosecutions to examine the contents of both the Harbhajan Lal and the Delhi Support Group letters. If there are glaring disparities in the two letters than Mr Chaudhry must be deprived of the statute of limitation for the “fraud”, if any on his part, would be a continuing “fraud” since 2004 when he first offered Harbhajan Lal’s letter and now the Delhi Study Group letter in 2012 to explain away the $2million is his Australian bank account.
VICTOR LAL and RUSSELL HUNTER, 4 September 2012
“The applicant says he later found out that a former editor of the Fiji Sun obtained his confidential tax details from FIRCA and released it to Victor Lal, a former Fiji journalist residing overseas. Victor Lal published those details in anti-government websites.”
We have demonstrated that we never published Mr Chaudhry’s tax details in any anti-government websites but in the Sunday Sun dated 24 February 2008, including the first tax story in the Fiji Sun, on 15 August 2007.
1: We therefore call upon the Director of Public Prosecutions to investigative whether Mr Chaudhry committed the offence of “perjury in a false affidavit”.
2: We call upon the Director of Public Prosecutions to investigate whether Mr Chaudhry’s legal representatives in offering his affidavit to the Fiji High Court are also guilty of aiding and abetting the offence of perjury in a false affidavit, for it is abundantly clear that we did not publish Mr Chaudhry’s tax details in any anti-government websites.
3: We request the Director of Public Prosecutions to establish on what grounds the original letter tendered from one Harbhajan Lal dated 9 September 2004 to FIRCA from Haryana in India was withheld [if it was] and a new letter from Delhi Study Group dated 12 October 2004 substituted in Mr Chaudhry’s affidavit before Justice Daniel Goundar in the Fiji High Court. The “Harbhajan Lal Letter” of 9 September 2004 states the money was collected in Haryana and part of it was transacted through the Indian Consulate in Sydney, Australia. Harbhajan Lal wrote from Haryana:
“Respected Chaudhry Saheb, Nameste. We are hale and hearty here and please accept our good wishes. I received your letter. You have asked for details of the funds. You may recall that when you were here in the year 2000, we had formed a committee, which requested you to leave Fiji and stay in Australia since the situation in Fiji was not safe and you were not secure there. The committee also assured you that it would collect funds for your settlement in Australia. Lakhs of people from Haryana including traders, businessmen, landlords and non-resident Indians contributed heavily for the cause. The amount was pouring in for three years, which was sent to you from the year 2000 to 2002. The total amounting to nearly AUD fifteen laks was sent to you with the help of Government of India through its Consulate General in Sydney. We sent AUD 503,000/- as first instalment in the year 2000. In 2001, AUD $486,890/- was sent and then in 2002 AUD $514, 149/- was sent.”
The “Delhi Study Group Letter” states, “This is to confirm that funds were collected in New Delhi and other parts of India, including NRI's (Non-Resident Indians) to assist Hon'ble Mahendra Pal Chaudhry, Former Prime Minister of Fiji in 2000-2002.”
5: We call upon the Director of Public Prosecutions to ask Mr Chaudhry who transferred the money from India – Delhi Study Group based in New Delhi or Harbahajan Lal in Haryana, India?
6: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel, in presenting to FIRCA the letter from Harbhjan Lal, whose content was materially false [re his enquiring the details of the funds etc] –Chaudhry (and Nalin Patel) committed a criminal offence under Fiji’s tax laws by offering a false document to FIRCA, namely the Harbhajan Lal letter.
7: We request the Director of Public Prosecutions to investigate the Suva accountancy firm of G. Lal & Co, Mr Chaudhry’s delegated tax agent to deal with FIRCA in 2004, to establish whether it was aware of the inconsistencies in the Harbhajan Lal-Chaudhry correspondence regarding the $2million, and whether the accountancy firm also had in its possession the Delhi Support Group letter dated 12 October 2004.
8: We request the Director of Public Prosecutions to establish whether Mr Chaudhry and Nalin Patel submitted Harbhajan Lal’s letter knowing its content was false in material respects to prevent FIRCA from pursuing the original source of the funds in Mr Chaudhry’s Australian bank account.
9: We request the Director of Public Prosecutions to investigative whether Mr Chaudhry, in presenting the Tax Amnesty submission to the Cabinet in September 2007 for endorsement, might have abused office as Interim Finance Minister and direct line manager of Fiji Island Revenue and Customs Authority (FIRCA), to benefit himself, and to escape any future criminal prosecutions for submitting late tax returns between 2000 and 2003. We have documentary evidence that in August 2007 Mr Chaudhry still owed FIRCA $57,000 in tax debt, due to be paid on 9 August 2007. His own $57,000 could have fitted into insufficient advance payment or even late payment amnesty.
10. We therefore request the DPP to establish whether Mr Chaudhry had taxes or returns outstanding and paid during the amnesty period he had ordered and hence gained avoidance of penalties, and if so, then a case for Abuse of Office as Finance Minister and line manager of FIRCA could be made against him.
11: We call upon the Director of Public Prosecutions to plead with the Fiji High Court to expunge the patently false claims made against us in Chaudhry v State [2012] FJHC 1229; HAM034.2011 (25 July 2012) – re that we published Mr Chaudhry’s tax details in anti-government websites. In conclusion, we leave you with the words of the great English judge, the late Lord Denning in King v Victor Parsons & Co [1973] 1 WLR 29, 33-34:
“The word 'fraud' here is not used in the common law sense. It is used in the equitable sense to denote conduct by the defendant or his agent such that it would be 'against conscience' for him to avail himself of the lapse of time. The cases show that, if a man knowingly commits a wrong (such as digging underground another man's coal); or a breach of contract (such as putting in bad foundations to a house), in such circumstances that it is unlikely to be found out for many a long day, he cannot rely on the Statute of Limitations as a bar to the claim: see Bulli Coal Mining Co v Osborne [1899] AC 351 and Applegate v Moss [1971] 1 QB 406. In order to show that he 'concealed' the right of action 'by fraud', it is not necessary to show that he took active steps to conceal his wrongdoing or breach of contract. It is sufficient that he knowingly committed it and did not tell the owner anything about it. He did the wrong or committed the breach secretly. By saying nothing he keeps it secret. He conceals the right of action. He conceals it by 'fraud' as those words have been interpreted in the cases. To this word 'knowingly' there must be added recklessly': see Beaman v ARTS Ltd [1949] 1 KB 550, 565-566. Like the man who turns a blind eye. He is aware that what he is doing may well be a wrong, or a breach of contract, but he takes the risk of it being so. He refrains from further inquiry least it should prove to be correct: and says nothing about it. The court will not allow him to get away with conduct of that kind. It may be that he has no dishonest motive: but that does not matter. He has kept the plaintiff out of the knowledge of his right of action: and that is enough: see Kitchen v Royal Air Force Association [1958] 1 WLR 563.”
The limitation statute’s aim is to prevent citizens from being oppressed by stale claims, to protect settled interests from being disturbed, to bring certainty and finality to disputes and so on. These are, as legal commentators have pointed out, laudable aims but they can conflict with the need to do justice in individual cases where an otherwise unmeritorious defendant can play the limitation trump card and escape liability.
We call upon the Director of Public Prosecutions to ask Mr Chaudhry which of the two letters – Harbhajan Lal or Delhi Study Group – is the lie – as they both can’t be genuine. Apart from the false accusations against us in his affidavit, the contents of the Harbhajan Lal letter dated 9 September 2004 does not accord with his bank statements from the Commonwealth Bank of Australia which he offered to FIRCA.
In our humble submission we beg the Director of Prosecutions to call upon the Fiji High Court to waiver the statute of limitation for prima facie there is evidence in the “Harbhajan Lal” letter that Mr Chaudhry obtained a favourable decision from FIRCA (an oversight on the part of FIRCA tax officers) through alleged fraud – the contents of the Harbhajan Lal letter does not square with his Australian bank statements.
Moreover, although we do not have a copy of Mr Chaudhry’s affidavit cited by Justice Goundar (despite requests for one from the Director of the Public Prosecutions) we call upon the Director of Public Prosecutions to examine the contents of both the Harbhajan Lal and the Delhi Support Group letters. If there are glaring disparities in the two letters than Mr Chaudhry must be deprived of the statute of limitation for the “fraud”, if any on his part, would be a continuing “fraud” since 2004 when he first offered Harbhajan Lal’s letter and now the Delhi Study Group letter in 2012 to explain away the $2million is his Australian bank account.
VICTOR LAL and RUSSELL HUNTER, 4 September 2012
A WHALE OF A LAUGH at the expense of justice in Fiji
Fijileaks: The late President's medical reports in Fijileaks possession reveal he was not in the right state of mind to abrogate 1997 Constitution
Fijileaks: Number One Online Destination for What Is Really Happening Inside Fiji
Founding Editor-in-Chief: VICTOR LAL. E-mail: [email protected]
(1) The termination letter for teacher Amit Nand is signed by a senior Education officer and the title is acting Permanent Secretary
(2) Talonga is the Acting PS but termination letters are signed by junior officers. These terminations are illegal and void
(3) The teacher has been discharged by court yet he is getting terminated for what?
(4) Is the Education Ministry above the law of land?
(5) The court finds Nand not guilty for inflicting corporal punishment on a student so who is dictator Mahendra Reddy to decide on the teacher?
(6) The Fiji Constitution does not give the Minister and PS to decide on termination but it should be Public Service Disciplinary Tribunal
(7) What is the Government doing about Reddy not following procedures in civil service and 'MILKING' his position to break the law?
(8) Another, Rajendra Prasad, has been reinstated with full pay so what about other teachers?
Fijileaks: Despite repeated requests, Mahendra Reddy is yet to respond to the allegations below :
(1) That he 'Kama Sutra(ed)' a taxi driver's wife and later made her a tea lady in the Commerce Commission;
(2) That some FNU teachers were sent out to teach in schools without having completed their degrees;
(3) That the teacher accused of causing the suicide of student Navneeta Devi is related to the Education Minister's wife;
(4) That he illegally authorized $1/2million to Ganesh Chand, in the full knowledge that Chand had been reported to FICAC for abuse of office, with calls to charge him with other offences including credit card fraud
Fijileaks: We have withheld the name of the student
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