THE PRIME MINISTER OF FIJI FOR HIRE: |
ROOMS TO LET |
MATUKU KAI VATAS: Poasa Koroitamana and others have another outfit, MATUKU, to assist the people of Matuku in the US, and those at home in Fiji. It is operated out of 345 La Crosse Ave, Santa Rosa, California. It was formed on 6 September 2022
Fijileaks: The first question that Clarke should have raised (and must) is why Richard Naidu's case, which is a CIVIL MATTER, is being heard before Justice Goundar who presides over CRIMINAL MATTERS
*Naidu's case should have been sent to JUSTICE ANJALA WATI who hears CIVIL MATTERS. It is right to ask if it could be because under criminal litigation Naidu's case can be retried?
*However, Naidu has been found guilty in a civil court thus he must be sentenced, and then only, he can appeal through the normal legal process - in the Fiji Court of Appeal
*Coming soon: The Legal Opinion on why the suspended DPP CHRISTOPHER PRYDE was WRONG not to send NFP leader, Finance Minister, and Coalition Deputy Prime Minister BIMAN PRASAD for trial before the Suva Magistrates Court for allegedly sexually harassing the former NFP provisional candidate Taniguchi's wife
JUDGE SHOPPING? Last Monday, the Fiji Law Society president Clarke was spotted having lunch together with the self-proclaimed CONVICTED LAWYER Richard Naidu at the foodhall above BSP Bank in Suva.
*As we chewed on Clarke's call for the Naidu negotiated Coalition government to transfer FICAC prosecution powers to the DPP, we wondered why Clarke had chosen not to comment and remain silent on Naidu's case that raise many fundamental legal questions.
*Of course, Clarke will retort with the usual 'bullsh*t' that the matter is before Justice Daniel Goundar in the Fiji High Court.
*Well, the first question that Clarke should have raised (and must) is why Naidu's case, which is a CIVIL MATTER, is being heard before Justice Goundar who presides over CRIMINAL MATTERS
*Richard Naidu's case should have been sent to JUSTICE ANJALA WATI who hears CIVIL MATTERS.
*It is right to ask if it could be because under criminal litigation Naidu's case can be retried?
*However, Naidu has been found guilty in a civil court thus he must be sentenced, and then only, he can appeal through the normal legal process.
*During submissions before Justice Goundar, he was reminded by Attorney-General's delegated lawyer Feizal Haniff that Naidu's case is a CIVIL MATTER?
*Naidu's lawyer and legal partner JON APTED also submitted that the proceedings were civil, governed by the High Court Rules of Civil Procedure. Apted is also Sitiveni Rabuka's nominee on the CoC.
*No wonder there is disquiet and a CRISIS OF CONFIDENCE in the judicial system, with lawyers and laymen asking whether this is not another case of JUDGE SHOPPING.
*Why is Haniff appearing for the A-G, when he (Haniff) began his legal career with Munro Leys and worked closely with Richard Naidu?
*Since Munro Leys and Naidu, the serial Coalition and NFP propagandist in the Fiji Times Opinion columns, are also legal advisers to the Fiji Times, we stand no chance to challenge Clarke, hence its here, in the Fijileaks, including the OPTIONS we had written some months ago that was available and not available to Naidu and his legal team.

Option 1
The first option is for the parties to make submissions relating to sentencing and see how the Court sentences the Defendant. The matter is before Justice Daniel Goundar.
Option 2
If the Defendant wants to set aside the conviction his lawyers could apply to arrest the Judgment similar to the powers under s. 239 of the Criminal Procedure Act 2009 i.e.
Motion in arrest of judgment
239. — (1) The accused person may, at any time before sentence, whether on a plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court has made and had power to make, state any offence which the court has power to try.
(2) The court may, in its discretion, either hear and determine the matter during the same sitting, or adjourn the hearing of it to a future time to be fixed for that purpose.
(3) If the court decides in favour of the accused he or she shall be discharged from that information.
Option 3
If the Defendant wants the Court to discharge him even after he has been convicted using the principles under the Sentencing and Penalties Act he could apply to do the same. This is possible even where there has been a conviction i.e
Release after conviction
44. — (1) A court may discharge a person whom it has convicted of an offence.
(2) A court, on convicting a person of an offence, may adjourn the proceedings for a period of up to 5 years and release the offender upon the offender giving an undertaking to comply with the conditions applying under sub-section (3), and any further conditions imposed by the court.
(3) An undertaking under sub-section (2) shall have conditions --
(a) that the offender shall appear before the court if called onto do so during the period of the adjournment, and if the court so specifies, at the time to which the further hearing is adjourned;
(b) that the offender is of good behaviour during the period of the adjournment; and
(c) that the offender observes any special conditions imposed by the court.
(4) A court may make an order for restitution or compensation in accordance with Part X in addition to making an order under this section.
(5) An offender who has given an undertaking under sub-section (1) may be called upon to appear before the court --
(a) by order of the court;
(b) by notice issued by a court officer on the authority of the court.
(6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding.
Option 4
The Defendant could appeal against the conviction and any sentence and take his chances in the Fiji Court of Appeal.
INDEPENDENT commissions against corruption (ICAC) in countries around the world turned out to be political football fields. This was what former Director of Public Prosecutions, former High Court judge and solicitor-general, and sitting appellate courts judge Justice Isikeli Mataitoga said he saw was the problem with ICACs.
Speaking at the 2023 Prosecutors Conference at the Warwick Hotel yesterday, Justice Mataitoga said when he was S-G between 1993 to 1996, he looked into the establishment of a body to prosecute white-collar crimes which were on the rise in that period.
“When I was SG, I visited the New South Wales Independent Commission Against Corruption as well as the serious fraud office in Auckland,” he said.
“At the time, the problem was the rise in white-collar crimes in Fiji and there was a feeling that there should be a special body that deals with that in a dedicated way so it does not clog the normal system.”
Justice Mataitoga said on his return he recommended the establishment of a serious fraud office.
“I did not recommend or see any value in an independent commission against corruption in Fiji.
“In the commonwealth countries where ICACs had been established, it became political football too many times.”
He said his recommendation was that the serious fraud office would prosecute those kinds of cases, and would still come under the overall umbrella of the office of the DPP.
He also said this was suited to the tradition in Fiji where the DPP was responsible for all prosecutions.
“We come from a tradition where the DPP is given Constitutional power to make sure that right across the board, the standard prosecutions are at a particular level.
“For that reason alone, he gets the blame if the prosecution is not up to that standard.
“So while you are moving this under his umbrella and making the ODPP bigger, it carries the reciprocal responsibility of making sure this is done well.”
From Fijileaks Archive
Fijileaks: Since our previous posting on Sitiveni Rabuka's claim that he was in Santa Rosa, California, to open Koroitamana's 'multi-million dollar' office, Fijians of all races began contacting us about Rabuka also mentioning 'a supermarket in Sacramento' (see above). We, therefore, decided to investigate and found its a small 'corner shop' selling Fijian produce. There is widespread impression in Fiji that Koroitamana has rivalled the likes of Tappoos, Punjas, Motibhais in California.
We have grave doubts that Koroitamana's 'multi-million dollar' GROUP is funding Rabuka and his entourage's week-long PRIVATE VISIT
In March 2023, Rabuka was hosted by Koroitamana and his 'multi-million dollar' company Divine Fijian Group, as reported by DFG in the Fiji Sun (7 March 2023)
JUNE 2023: Rabuka and his host POASA Koroitamana in Santa Rosa*According to the Office of California Secretary of State, the only registered company under the Koroitamanas' names is DIVINE FIJIANS HOME CARE, 6221 Montecito Blvd, Santa Rosa, an apartment block. | NO RECORDS OF DFG |
10 OCTOBER 2017: POASA KOROITAMANA and his family filed for registration of Divine Fijians Home Care on Fiji's Independence Day
UNDER THE CLOUD: Divine Fijians Home Care's BUMPY JOURNEY
According to our reliable sources, KOROITAMANA had got out of Fiji for United States in time before the FFP could take out a stop departure order against him
*However, he had featured prominently in our FNUGATE scandals.
*Who paid for Rabuka and his entourage's trip to California?
*We understand Koroitamana and his QVS Old Boys had been organising major fundraising for Rabuka among the fraternity there.
*Koroitamana is also hosting Jale Baledrokadroka and Graham Leung's totally unwarranted trip to hear submissions from i-Taukei living in California on the Great Council of Chiefs.
*As we have argued before, i-Taukei living abroad cannot and must not be allowed to double-dip into financial benefits in Fiji.
Strangely, Rabuka is in California to open Koroitamana's multi-million dollar head office.
*Coincidentally, or by design, Koroitamana's business logo has a DOVE similar to PAP's political LOGO
"You were given a long memo middle of this year on FNU staff Vimal Vikash and Poasa Koroitamana. The memo documented lot of breaches of FNU processes, procedures and policies by these two. Its many months now. To date nothing has been done on this and these people continue to brag that they control HR. Poasa has filled FNU with his relatives, mostly who do not even meet the MQRs. You have done nothing from the time you took over from Reddy in April. How can you expect us to trust that you are serious about compliances with policies? Are the policies meant only for some people to comply with and not others? Unless you take firm action on Vimal Vikash and Poasa, Sir, we are sorry to say we will continue to believe that your circular is only a propaganda and a stick to beat those who dare to stand up."
FijiFirst General Secretary and former Attorney General Aiyaz Sayed-Khaiyum is currently being questioned at the CID Headquarters in Suva. Chief of Intelligence and Investigations ACP Sakeo Raikaci says this is a continuation of questioning in relation to allegations against Sayed-Khaiyum for approving the waiver of procurement processes in the purchase of medical equipment worth more than $500,000. Former Prime Minister Voreqe Bainimarama and former Health Minister Dr. Neil Sharma were earlier questioned regarding the same matter. |
Fijileaks: What about these TWO who were accused with Neil Sharma?
DERELICTION OF DUTY: As Finance Minister, it is his DUTY to sort out the financial mess but the so-called PROFESSOR (he has not set foot in a university campus for over a decade) delegated the task to the NFP propagandist and self-proclaimed CONVICTED LAWYER, and his cronies in the Fiscal Review Commission, to sort out the financial mess |
From Fijileaks Archives, 23 December 2016:
The new Navua Hospital's kitchen and other areas are NOT COMPLIANT with Occupational Health and Safety standards. Both Bainimarama and Health Minister Rosy Akbar confirmed our claims.
* The new Navua Hospital's kitchen and other areas are not compliant with Occupational Health and Safety standards;
* Food was being cooked at the old Navua Hospital and then transferred to the new hospital;
* Ventilation is a special concern and arrangements for industrial fans to be placed in waiting areas, which people are complaining about;
* Also the drainage system of the hospital;
* Long waiting hours, lack of cleanliness in hospital facilities, non-availability of proper medications and disrespectful behaviour from medical personnel were some of the major issues members of the public visiting the new Navua Hospital face daily;
* There was a need for routine cleaners in the hospital's washrooms to ensure cleanliness was maintained throughout the day;
* The toilets are always blocked and even parts of the hospital corridor and rooms are leaking
Deputy Prime Minister and Minister for Finance, Professor Biman Prasad made these comments earlier today at the Dialogue on the Fijian Economic Summit at Holiday Inn regarding the Health infrastructure.
Professor Prasad says there are major electrical faults at the hospital and it was not done according to standard.
He also says they have asked the Ministry of Health and Energy Fiji Limited to put together a report on this.
When questioned by fijivillage News about how it was operational without a completion certificate, the Deputy Prime Minister says he does not know, as this is something that the Opposition Leader Inia Seruiratu and the previous government should be answering.
Professor Prasad adds to also tell the Leader of Opposition that this budget will set the foundation to take Fiji out of the mess that the FijiFirst government created. Source: Fijivillage News
In 2001, the democracy activist JONE DAKUVULA had claimed that Rabuka's cousin and the then General Manager of NLTB, MAIKA QARIKAU, owned a 2,000 acre property - Yalave Estate in the same area as Rabuka. Dakuvula wrote: "One of the advantages of working for the NLTB is that you have the information first hand and can make choices like this...I wondered how Rabuka was managing in his loan repayments to his Bankers."

The General Manager of the Native Lands Trust Board, Maika Qarikau, owns a 2,000 acre property on Vanua Levu. It is leasehold land. Called the Yalave (Estate), the property also has an "palatial colonial style house on the hill with a magnificent view of Fawn Harbour and Taveuni", as well as equipment worth over $1m.
This includes tractors, trucks, a digger, a bulldozer and other modern farm equipment. The revelations were made today by democracy activist Jone Dakuvula in an article in the Fiji Sun. The source of funds for the land and the equipment is not known. Qarikau has no other substantial source of income than his salary as the GM of the NLTB. This is estimated to be around $100,000 a year.
Dakuvula wrote: "One of the advantages of working for the NLTB is that you have the information first hand and can make choices like this". Former Prime Minister and Qarikau's cousin, Sitiveni Rabuka also has a 2,000 acre freehold property in the same area.
The land, called Valavala Estate also houses some of the most modern facilities. Late last year Rabuka had plans to subdivide the land into 10-20 ac plots for sale. Dakuvula wrote: "I wondered how Rabuka was managing in his loan repayments to his Bankers."
During 1999 and 2000, Qarikau had produced a masterplan for tourist development in areas close to his and Rabuka's farm.
He wanted the government to guarantee loans for the multi-million dollar tourist development. Government policy is not to guarantee private loans. Qarikau is a prominent supporter of the terrorist George Speight.
He was frequently sighted on the Parliamentary Complex where the terrorists had kept the government hostage. Qarikau's name was also on the list of ministers - as lands minister - in Speight's cabinet.
Meanwhile no one in authority has responded to the claim by military commander Col. Viliame Seruvakula that the common thread binding the 7 coup plotters was the huge debts which they had and tax evasion.
Fijileaks: Eight months after being appointed acting NFP President (24 January 2017), Titoko had swindled TARA DEVI, an Indo-Fijian woman client of his, thousands of dollars (27 September 2017)
"National Federation Party Leader Professor Biman Prasad says it is rather unfortunate that this has come at this point in time. Prasad says he has not spoken to Titoko yet and he will do so later today. He says they will take it up from there."
Fijilleaks: On 12 October 2018, Prasad endorsed Titoko as NFP Candidate. Titoko was 42nd on the list of NFP's 51 Candidates for 2018 Election.
*We don't know if Titoko had declared that he was under criminal probe or if NFP had failed to carry out a background check on Titoko, for he had already swindled the Indo-Fijian woman client in September 2017.
Thankfully, the criminally bent lawyer mustered only 121 Votes
Fijileaks: We have no doubt that by endorsing Semi Titoko as election candidate, the NFP and Biman Prasad must have caused TARA DEVI anguish and distress, even anger at seeing Titoko at NFP rallies
FEARED FOR HIS LIFE: In Naidu's case, the Judge who found Naidu guilty of bringing Fiji judiciary into disrepute and was going to sentence him (Naidu) has FLED to Sri Lanka. In fact, as soon as Coalition came into power, its attack dogs began singling out foreign judges for removal, and replacing them with locals.
*It was clearly designed to intimidate the JUDGE who had found Naidu guilty of scandalising the court.
*The case is now mired in new legal wrangling.
*Surprisingly, Naidu's practising certificate has not been suspended, and worst he was appointed by NFP leader Biman Prasad as chairman of the Fiscal Review Commission
*Naidu is back writing columns for Fiji Times, when his law firm Munro Leys is the legal adviser to the paper.
*He is a known NFP supporter, propagandist, and a donor to the party.
*Initially, we had backed Naidu over his Facebook posting but on reflection told Amnesty International, International Bar Association, Indian and Australian lawyers to back off, for NAIDU'S posting cannot be viewed in isolation - he was (and still is) a serial propagandist for the Coalition, abusing the Fiji Times Opinion column, Twitter feed and his Facebook accounts .
*When Naidu came across the spelling mistake (Injection instead of Injunction) in the court judgment, he could have had a good laugh with his legal colleagues until he 'farted with delight; or he could have just kept it to himself, or he could, as a senior lawyer of standing, contacted the Chief Registrar and got the words corrected, and the judgment re-published on the Judiciary website.
But, No, the self-proclaimed 'Journalist Gone Mad', chose what he is best at, his Facebook account to invite the readers to ridicule the Judiciary.
*HE STANDS GUILTY AS CHARGED IN THE EYES OF THE LAW
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