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HANKERING TO Save HIS KIDNEY in SINGAPORE but Magistrate Yogesh Prasad rules that there is no compelling reason to grant Aiyaz Khaiyum bail variation based on previous case of Fiji Times publisher Hank ARTS

19/6/2024

 
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Magistrate Yogesh Prasad
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RULING ON BAIL VARIATION 

1. The applicant filed notice of motion seeking the following orders that: 

a) The Applicants Fiji passport No. P00127089 be released to the Applicant  for the purpose to travel of Fiji for medical review and procedures in Singapore 
b) To uplift any stop departures lodged with the Immigration. 
c) The service and hearing of this application to be expediated. 
d) Any other orders the court deems just and reasonable. 

Applicants Position 

2. I have taken pertinent excerpts of the Applicants sworn affidavit in this ruling  however I have not reproduced the entire affidavits, but have gone through the entire affidavits filed by the Applicant in support to travel abroad for medical evaluation and procedures, together with his affirmed evidence before this court. 

3. I have also looked at the supplementary affidavit filed on the 13th of June,  2024 by Applicant and have gone through the same. 

4. The Applicant in his affidavit has deposed the purposes of his intended trip to  Singapore for medical review and evaluation due to excruciating pain in his right kidney where procedures and surgeries were performed during earlier visits, together with certain heart conditions which are interrelated. 

5. The Applicant submitted letters from two doctors namely Doctor Chia Sing Jo of Urocare Center at Mount Elizabeth Novena Specialist Centre and from Doctor Dinesh Nair of Heart Matters Medical Center Pte Limited in support of his application to travel for medical evaluation and procedures. 

6. The Applicant asserts that the treatment required to be performed is robotic pyeloplasty which is not available in Fiji and this is supported by an affidavit filed by one Doctor Sudisksha Singh, who is a general practitioner in Nadi. 

7. The Applicant further asserts that he is not a flight risk since he has families in  Fiji, property investments and a law firm in Fiji. 

8. The Applicant also stated that he was previously being granted bail variation to travel abroad on medical grounds and that he obliged to all conditions. 

9. The Applicant also stated in his affidavit the he will abide by any other bail  conditions that court might impose. 

Respondent State Position 

10. I have taken pertinent excerpts of the Respondents State sworn affidavit in this ruling however I have not reproduced the entire affidavits, but I have gone through the entire affidavit filed by the Respondent in opposing the Applicant to travel abroad for medical evaluation and procedures, together with the investigation officers sworn evidence before this court. 

11. I have also directed my mind on the supplementary affidavit filed by State on  17/5/2024 in support of opposing the bail variation. 

12. States position through the affidavit of the investigation officer is that the Applicant is a flight risk and once granted permission to travel, the Applicant will not return Fiji to face trial. 

13. Respondent State further objects to the bail variation that the despite having properties, investments and businesses in Fiji, the Respondent's presence is not required. 

14. Respondent State also submits that they have a strong case against the Applicant. 

15. Respondent State also asserts that no tentative dates of departure and arrival  was put before by the Applicant. 

16. Respondent also asserts that the Applicant have failed to show to court the all required medical treatment on him are not available in Fiji. 

The Law on Bail variation - Statutory Position 
​

17. The 2013 Constitution of Fiji at section 13 (1) (h) stipulates that; 
- 
"Every person who is arrested or detained has the right – 

h) to be released on reasonable terms and conditions, pending a charge or trial unless the interests of justice otherwise require”. 

18. Section 21 (6) (a) (i) of the 2013 Constitution stipulates that; 

"21. Every person has the right to freedom of movement. 

(6) A law, or anything done under the authority of law is not inconsistent with the rights granted by this section to the extent that the law- 

(a) Provides for the detention of the person or enables a restraint to be placed 
on the person's movements, whether – 
(i) For the purpose of ensuring his or her appearance before a court for trial 
or other proceedings". 

19. Section 30 (8) of the Bail Act of 2002, a Magistrate can only review or vary the  existing bail condition upon receiving an application. 

20. Section 22 (1) of the Bail Act states that bail can be granted unconditionally or  subject to condition imposed by the court. 

21. Section 23(1) of the Bail Act has enunciated that the condition as stipulated  under Section 22, should be imposed for the following purpose only, that; 

a) Ensuring the accused person's surrender into custody and 
appearance in court, 
b) Protecting the welfare of the community, 
c) Protecting the welfare of any specially affected person. 

Common Law Position 

22. Fiji Court of Appeal in the matter of Hank Arts v State HAM FJCA 13 AAU 6 of 2017 enunciated some principles to assist when it comes to bail variations, in particular on the issue of accused persons intending to travel abroad for medical treatment. 

23. In this matter His Lordship Hon. Mr. Justice W. D. Calanchini upheld the test elucidated in the matter earlier determined in the High Court for bail variation in the case of Hank Arts v State HAM 204 OF 2017 on the central issue of whether to travel abroad is necessary or pressing and after review the Fiji Court of Appeal upheld the decision of the high court and stated at paragraph 12 of the Fiji Court of ruling stated that: 

"[12] The first observation that needs to be made is that neither reason for seeking a bail variation to enable the Appellant to travel to New Zealand could be described as necessary or pressing. So far as the medical review is concerned, Dr Ivan Connell in his letter dated 7 November 2016 stated that he needed to personally examine the Appellant for long term management in order to avoid another hip operation. This, so the doctor asserts, could best be achieved by him personally examining the Appellant for accuracy and consistency. It would also be necessary to conduct blood tests to ensure that the post operative infection was under control. There is no other more recent medical evidence to indicate any greater urgency. There was no material before either the learned High Court Judge or this Court to indicate that the purposes of the medical review could not be performed by appropriate medical practitioners in Fiji once a copy of the Appellant's file or a report had been provided by Dr Connell on the authorization of the Appellant.."

"[17] The Appellant has not demonstrated any error in the exercise of the learned Judge's discretion and there is no material before this Court that would require the Court to disturb the decision of the court below." 

[18] The application for leave to appeal is granted but the appeal is dismissed. 

24. In Hank Arts v State HAM 156 of 2017 his lordship Justice R.D.R.T Rajahsinghe in rejecting the bail variation for the Applicant in the high court expounded on the issue on the right of movement and stated that; 

"However the right of movement and right to leave Fiji can be restricted or limited for the purpose of ensuring appearance before the court for trial or other proceedings as per section 21 (6) (a) (i) of the 2013 Constitution". 

25. In Hank Arts v State HAM 204 of 2016 his lordship Justice R.D.R.T Rajahsinghe in rejecting the bail variation stressed at paragragh 24 of his ruling that; 

"I now draw my attention to the issue of the Applicant's medical review. The Applicant has mainly relied on the evidence that he has already presented in the Magistrate's Court. Apart from that, the only evidence that he presented in relation to this application is the letter issued by Dr. Ivan Connell dated 7th of November 2016. This letter is mainly an elaborative version of the previous letter issued by Dr. Connell on the 17th of August 2016. Dr. Connell has stated in the letter dated 7th of November 2016 that the Applicant is now on antibiotics and the treatment appeared to be successful. Dr. Connell has founded his view based on the clear blood count taken in Fiji. According to the said letter, Dr. Connell only wishes to re-examine the Appellant in order to manage the condition and to avoid any further surgeries. The Applicant has failed to provide any information whether Fiji has medical facilities to monitor and review his medical condition locally and that the only option is to undergo such a medical review in overseas." 

26. The applicable scope of imposing the condition of bail has been discussed in Iliaseri Saqasaga ( HAM 005.06S) also where Justice Gates (as His Lordship then was) held that; 

"Bail conditions, imposing as they must restrictions on persons awaiting trial, must therefore be reasonable and commensurate with the gravity of the offence and with the individual risks identified as applicable. Bail must not be fixed excessively, in effect, denying the applicant an opportunity to take up the grant of bail. This has been a principle of great antiquity in the common law". 

27. Justice Goundar in Qarase v Fiji Independent Commission Against Corruption [2009] FJHC 146; HAM038.2009 (22 July 2009) held that; 

"The right to liberty is a basic human right, Bail for a person accused of an offence means authorization for the person to be at liberty instead of in custody, on condition that the person appears for trial. Conditional bail is granted as an alternative to per-trial detention. Permissible conditions include the surrendering of travel documents, imposition of a residence requirement and the provision of a survey assessed in relation to the means of the accused. These restrictions on the right to liberty are consistent with international law (Wemholl v Germany (1968) 1 EHRR 550)”variation ruling but that does not mean I have not gone through all the written and oral evidence before me. 

37. I have thoroughly revisited all the evidence before me and decided to put  pertinent and salient features of it in my ruling. 
​

38. I have carefully observed the demeanour and forthrightness of the Applicant whilst giving evidence and later being cross examined and I have directed my mind accordingly. 

39. The test enunciated in Hank Arts (Supra) on the issue of essential, imperative, necessary or pressing is an important aspect to be applied in this bail review. 

40. From the evidence adduced by the Applicant there is appears to be no evidence of immediate medical emergency. When stating medical emergency, I mean immediate hospitalization in Fiji Government Hospitals with latest tests results indicating any grave situation arising from the pain that the Applicant is stating. 

41. Furthermore the Applicant have not satisfied the court or failed to provide any information that Fiji does not have medical facilities, equipment, knowhow, specialists and environment to monitor and evaluate his medical situation locally and the only option for medical review and evaluation is to go to Singapore. 

42. On the Doctor Sudishka Singh's report to the Applicant dated 9th June outlining medical conditions that requires medical evaluation and treatment, I place no weight to this report since this Doctor Singh as per Doctors Josese Turagava letter dated 14th June 2024 who is the Chief Surgeon and Consultant Surgeon Specialists with Ministry of Health clearly stated that Doctor Singh is not a specialised urologists.
 

43. In furtherance to this court also notes that there was no clinical management report often commonly known in Fiji as "monthly checking" that the Applicant regularly visited or visits Government Clinics or Hospitals for regular check-up and tests for any grave pre-existing health conditions such as on his heart or kidney functions that he is now advancing for bail variations that he needs an urgent medical evaluation and procedures. 
​

44. On the two letters placed before the court that came from Singapore based Doctors and on which Respondent State allege that it is concocted on the basis of no official stamp of Doctors, different signatures which I have carefully examined myself and found to be inconsistent from previous correspondences from the same doctors. 

45. His Lordship Justice Daniel Goundar in the matter of Qarase v Fiji Independent Commission Against Corruption [2009] FJHC 146: HAM 38 of 2009 (22 July 2009) held that: 

"Whilst the need to serve the accused's attendance at hearings is a paramount consideration in this kind of application, the purpose of the overseas visit the length of time the accused will be abroad and the inconveniences caused to the administration of justice are equally relevant factors for considerations”. 

46. Court further notes that the Respondent State through their supplementary affidavit dated 17/6/2024 have presented a letter from Doctor Josese Turagava that whilst Fiji does not have robotic system which is operated by robots, however they do have Doctors who are qualified and specialised urologists and cardiologists who could attend to the Applicants medical needs. 

47. Therefore it important to note that the Applicant is not deprived from any medical procedures since he is already on bail in Fiji and is free to move around for his medical treatment without any restrictions. 

48. The tests enunciated in Arts v State (supra) such as essential, necessary, imperative or pressing to travel overseas is therefore is not satisfied in this court to grant bail variation. 

49. Court also notes the issue of flight risk on the basis that the accused is facing a serious charge of abuse of office. 

50. The presumption of innocence remains for the accused, this court will expediate the substantive matter so that the accused gets a timely trial by virtue of section 14 (g) under rights of an accused person which stipulates that: "to have the trial begin and conclude without unreasonable delay". 

51.I find the Applicants application for bail variation motion to travel to Singapore not essential, not necessary or pressing therefore it is dismissed. 

52. 30 days to appeal to the High Court. 
​
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Yogesh Prasad
Magistrate Prasad started his career in the engineering sector in 1994 and for a while was a journalist for the Australian Associated Press. He involved himself with international trade and was the Director of Global Trading Enterprises Ltd from 2002 where he promoted products from overseas into Fiji Market. In 2009 he joined the Office of the Director for Public Prosecution as State Counsel and later on he was appointed the Principal Legal Officer Eastern. Apart from his various qualifications, Magistrate Prasad also holds a Bachelor of Laws and a Professional Diploma in Legal Practice from the University of the South Pacific. He was pursuing a Masters of Law with Deakin University of Australia when he was appointed a magistrate on 23 December 2021.

From Fijileaks Archive, 25 January 2017

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From Fijileaks Archive, 17 February 2017

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In their ruling, the three-member bench led by Justice William Calanchini, observed that neither reason [health review and daughter's wedding] for seeking a bail variation to enable Arts' travel to New Zealand could be described as "necessary or pressing"; The court also noted Arts' family ties there and that his wife and almost all his family were presently in NZ for the wedding. "It is not difficult to conclude that the risk of not returning to Fiji and surrendering himself into custody and appearing in court when next called to do so outweighs the desire on the part of the appellant to attend to his step-daughter's wedding." 
Justice William Calanchini, who came to Fiji to prosecute the November 2000 mutineers, and has not gone BACK to AUSTRALIA; he is now President of the Fiji Court of Appeal after his predecessor Justice Gordon Ward was booted out of Fiji following the 2006 coup

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READY WITH HIS CHEQUE BOOK. While Fijians are going hungry FRC, chaired by Richard Naidu, recommended a 7-year-TAX BREAK for Fiji Water. Suva lawyer's eye-watering $10,000 DONATION to Prasad's NFP

19/6/2024

 

REACHING FOR HIS CHEQUE BOOK. While ordinary Fijians are struggling to put food on the table, NFP's donor and chairman of the Fiscal Review Committee readily splashed $10,000 for Prasad's party.

It seems 'money really grows on the tree' - $10,000 give away to NFP.

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​Enough of Naidunomics!
No increase to Water rates

It is surprising that the 2023 Fiscal Review Committee which has submitted a range of taxation measures for the 2024/25 Budget, is silent on one of the most questionable measures of last year’s Budget – the 7-year tax holiday to Fiji Water.

The tax holiday granted to this extremely profitable foreign-owned company was widely questioned, and came as a slap on the face for the rest of our people who were lumped with a 15% VAT on all goods and services except for a few staple food items.

Government has so far not come up with any satisfactory explanation as to why Fiji Water received such exceptionally favourable treatment when our local manufacturers had their corporate tax rate increased from 20% to 25%.

“If the chairman of the 2023 FRC, Richard Naidu, thinks that recommending the increase in water resource tax of 19.5c a litre (current) will mitigate against the unjustified tax holiday to Fiji Water, he is mistaken,” said Labour Leader Mahendra Chaudhry.

“ By all means increase the water resource tax. After all, the introduction of a water resource tax in 2007 was my policy initiative when I tried to impose a 20c a litre resource tax on water and met with strong reaction against it by Fiji Water.

“ The 7-year tax holiday to Fiji Water is discriminatory and totally unjustified, and must be rescinded in the 24/25 Budget. The local water bottling companies are on record as saying they have no objection to paying the corporate tax,” Mr Chaudhry said.

We note that the FRC has a tendency to make recommendations which tantamount to User Pays concept to which the Labour Party is totally opposed. Fiji is not a developed country. Our general pay rates are abysmally low with close to 50% of our people either living in poverty or on the brink of it.

“We therefore, reject recommendations to tax increases that will impact on the poor and those on low incomes.

The Committee is recommending an increase in water rates to “at least 50c per thousand litres” from the current 15c – an increase of 233% - to enable the Water Authority to provide better services.

“ WAF provides an essential basic service. A general increase in the water rate will impact on the ordinary consumers at a time when they are already burdened with high costs of living,” said Mr Chaudhry.

“ If there is to be an increase, it should be reasonable and limited to commercial use. After all, the tourism industry is the biggest user of water and is able to pay a higher rate for it.

“The use of water by the general consumer must continue to be subsidised by the State as is currently the case. WAF must learn to operate within its current budget which is quite sufficient. It needs to become more competent and efficient,” said Mr Chaudhry.
​
Likewise, the Airport Departure Tax is already quite high and should remain at the current $140.

The U.S. Food and Drug Administration, 23 May 2024

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About 79,000 cases of Fiji water sold through Amazon have been recalled over elevated levels of a commonly found mineral and bacteria.

In an enforcement report, the U.S. Food and Drug Administration said that testing by Fiji Water maker Natural Waters of Viti Limited found "manganese in addition to three bacterial genera" in cases of the water sold between Feb. 1 and March 3.

The FDA classified the recall of the roughly 1.9 million bottles on Thursday as the lowest level of seriousness, in which a product "is not likely to cause adverse health consequences."

"We conducted evaluations of the levels of manganese, a naturally occurring mineral, and any bacteria, and consumers can be fully confident of no health or safety risk," the company said in a statement to USA TODAY.

The recall was initiated on March 4, though the company did not issue a press release when the recall began.

A spokesperson for the company told USA TODAY that they did not do so as to not cause "unnecessary public concern" because the customers who bought the water were identified and contacted.

The spokesperson also said that the testing that led to the recall occurred when a customer reported discoloration.

"The affected products were immediately and voluntarily recalled, with 99% of affected bottles reclaimed from warehouses and the remainder in warehouses to be returned," the company said in the statement.
​
Affected Fiji Water bottles

The recalled bottles have the following production dates marked on the side of 24-packs and on the back of the bottles:
  • PRD 11 NOV 2023
  • PRD 12 NOV 2023
  • PRD 13 NOV 2023
  • PRD 24 NOV 2023
  • PRD 25 NOV 2023
Customers who have these bottles are advised contact Fiji Water at 1-866-406-4149 about a refund and to dispose of the water.

MILKING NFP CONNECTION: We wonder if 'Doodwallah' UDIT Singh who BIMAN PRASAD appointed as FRCA CEO is the same UDIT SINGH listed as NFP donor. One UDIT SINGH donated $2,500 to Prasad's party in 2023

18/6/2024

 
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From Fijileaks Archive, 12 September 2023

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A month before our story, 'Jannath' Jagannath Sami, on 11 August 2023, donated $10, out of which $1 was deducted as NFP membership fee. On 22 November 2023, at a fund-raising dinner for Biman Prasad, Sami donated another $1,589.05 to NFP. This year he was appointed Fiji's High Commissioner to New Delhi. 

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REACHING FOR HIS CHEQUE BOOK. While ordinary Fijians are struggling to put food on the table, NFP's donor and chairman of the Fiscal Review Committee readily splashed $10,000 for Prasad's party.

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FAT $10,000 'CHEQUE' from chairman, Fiscal Review Committee to NFP.
On 11 October 2023, the Suva lawyer Richard Naidu donated $10,000 to Prasad's party. Another member of the FRC, EDWIN CHAND, donated $3,000 on 16 August 2023. Another member KIRTI PATEL made a modest donation of $5, out of which $1 was deducted as party membership fee.

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SWEET DONATION. At the same 22 November 2023 fund-raising dinner NITYA REDDY donated $264.84 to the NFP. The previous month, on 23 October 2023, the NZ based former FLP MP, was appointed chairman of the Fiji Sugar Corporation Board of Directors

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SHIFTING Party Donation to PRASAD. Fantasy Island owner Abbas Ali and Wella Pillay switch from FFP to NFP. Ali donated $2,000 and Pillay donated $2010 to National Federation Party in 2023.

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Pillay donated $40,000 to FFP. On 20 June 2014, he donated $10,000. On 12 March 2015, he donated $10,000. Two years later, on 18 April 2017, he donated another $10,000. On 15 August 2019, $10,000. Total:$40,000.

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ABBAS ALI donated $2,000 to NFP, 14 January and 10 August 2023

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From Fijileaks Archive, 13 November 2020

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KAIVATA APPOINTMENT to Education Ministry. Uproar as the Savusavu Secondary School head RUSIATE MUSUDROKA is appointed the ACTING head HR in Education Ministry despite objection from Fiji Teachers Union

17/6/2024

 
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Musudroka
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Kuruleca
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Goundar
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Rokovada

*His objectors allege that he is the beneficiary of kaivata politics, for his mother-in-law Mrs Matelita Rokovada Tavainavesi is the biological sister of PSC chairman Luke Rokovada.
*Rusiate Musudroka's objectors claim he has no HR qualifications.
"He was taken out from Savusavu Secondary School on a weekend to start at the Ministry of Education Headquarters on Monday."
*
Since Selina Kuruleca's controversial appointment as PS Education, there are on-going mutterings that Luke Rokovada is allegedly siding with her on crucial decisions because his son, the failed FFP election candidate, is married to Kuruleca's first cousin. Isa, Fiji! 

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DOUBLE Junket of SEX and DRUGS in Room 233. Coupist RABUKA says removing Tabuya as Cabinet Minister would result in Double JEOPARDY. PAP's guilty verdict against her means Rabuka can't hide behind DJ Law

16/6/2024

 
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The DOSSIER from Room 233 revealing the sex and drug fuelled text messages between Lynda Tabuya and Aseri Radrodro, and the frantic and begging Text Messages (the smoking guns admitting the bonking and asking for forgiveness) from Tabuya to Mrs Radrodro that we provided to PAP's Disciplinary Committee nailed Tabuya from the 'swinging chandelier'.
*In fact, long before I gave a sworn affidavit to the PAP's Disciplinary Committee enclosing all the text materials, I had provided snippets to Sitiveni Rabuka, Siromi Turaga, Manoa Kamikamica, Filimoni Vosarogo, Biman Prasad, Lenora Qereqeretabua and Pio Tikoduadua (he was part of the Melbourne delegation and in charge of drug-busting gangs in Fiji) but like ostriches, they closed ranks with the bonking and drug-taking Coalition Cabinet colleague. Tikoduadua's response was worst.

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*Since we provided the evidence in strict confidentiality, we have so far resisted revealing Lynda Tabuya's text messages where she admits that she bonked Radrodro in Room 233, and later lay prostrate at the Radrodro home wailing for forgiveness.
*We produce below a heavily redacted affidavit that we provided to PAP's Disciplinary Committee with evidence on which Lynda Tabuya was found guilty. WE REST OUR CASE.

TO WHOM IT MAY CONCERN, PAP’s Disciplinary

Committee, Re Ms Lynda Tabuya


I, VICTOR LAL of ____________Oxford, England, do hereby solemnly
declare that I am the Founding Editor-in-Chief of Fijileaks, an online news and
investigative journalism website on Fiji. I founded it in September 2012 to
circumvent the draconian media decree that was in place, and to publish leaked
materials that the Fiji media and its journalists and publishers were too
frightened to publish in Fiji.


* Despite over four decades in academia, I have remained rooted to journalism,
focusing on Fiji currently through the Fijileaks. I wrote opinion columns in the
1980s from Oxford in the old Fiji Sun and Fiji’s Daily Post, including in the
current Fiji Sun, notably under the editorship of the late Russell Hunter.
Unfortunately, the Fiji Sun, to appease Aiyaz Khaiyum, threw me out under the
new editor, the late Peter Lomas, who was once my contemporary on the old
Fiji Sun from 1980-1984.

* He had taken over the Fiji Sun in 2008 after Mr Hunter was abducted, tortured
and deported out of Fiji for publishing my exposure that Frank Bainimarama’s
then Interim Finance Minister and FLP leader Mahendra Chaudhry was hiding
two million dollars that he got from India into his Sydney bank account. Mr
Hunter died in Brisbane, Australia, still a prohibited immigrant to Fiji. After
years of denying, Mr Chaudhry was found guilty and convicted by the Fiji High
Court for foreign currency violations. Mr Hunter and me were awarded the
prestigious but now defunct Robert Keith-Reid Award for Outstanding
Journalism.


*The current text messages between Cabinet Minister Lynda Tabuya and her
former Cabinet ministerial colleague Aseri Radrodro that I obtained and
published in the Fijileaks are authentic, and I stand by them. As you might have
gathered, Fijileaks survives on leaks – whether from a source, sources, or third
parties close to the sources. I have no doubt about the credibility of my sources
and therefore I felt confident to expose the text messages between Ms Tabuya
and Mr Radrodro.


*I have nothing against Ms Tabuya, for over the years I have praised her but I
have also have condemned her for any indiscretions. As for the text messages,
on the night of 26 August 2023 while she was drinking with Mr Radrodro at the
QVS Old Boys Club.... (heavily redacted) that were subsequently leaked to me.


*I am sure the investigating disciplinary committee will agree, and fully
understand, that I am not in a position to reveal my source or sources except to
solemnly declare that the contents are authentic...
*To emphasise, there are current Coalition Ministers who were my impeccable sources
as we fought together to topple the 16-year old Bainimarama-Khaiyum
dictatorship. Some went on to abandon me in pursuit of their political careers
while others have remained my trusted sources.


*Hence, I feel duty bound not to reveal my source(s) on ‘Lynda-Aserigate’ but to
confirm to the investigating disciplinary committee that all the materials that I
have revealed on Fijileaks are authentic, and were extracted from...  
They are NOT FAKE, as Ms Tabuya has been
claiming to the national and international media.


*I grant permission to PAP’s disciplinary committee to use the materials if it
helps in its investigation but to treat this letter in strict confidentiality. In other
words, I want it to be handled as classified material for the purpose of the PAP
inquiry only, and to be handled with the required confidentiality


*I might never be allowed into my beloved Fiji but I am sure when the day of judgment comes, I
will be at peace with the Maker. I have always strived to hold power to account,
whichever government has been in power since I began my journalism career in
1980.


*To quote the Reverend Martin Luther King Jnr:

​‘Once you eliminate the impossible, whatever remains, no matter how
improbable, must be the truth. It is only with the heart that one can see rightly;
what is essential is invisible to the eye. A lie gets halfway around the world
before the truth has a chance to get its pants on.’


*God Bless Fiji, and the PAP Investigating Disciplinary Committee.


Yours sincerely
Victor Lal
Sunday (Siga Tabu), 11 February 2024
Oxford, England.
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Prime Minister Sitiveni Rabuka clarified that removing Lynda Tabuya from her role as Minister for Women, Children, and Social Protection would result in double jeopardy.

This comment comes in response to questions regarding the lack of further government action after the party decided to remove Tabuya from her position as Deputy Party Leader.

When asked if he signed the letter that led to Tabuya’s removal from the party position, Rabuka explained the situation and the rationale behind not taking additional action.

“There were two charges brought before the People’s Alliance Management Committee, which were addressed there. The Management Committee and the People’s Executive Committee decided to penalize her for that misdemeanor or whatever the allegation was. If I had removed her from Cabinet, it would have constituted double jeopardy—a term that legal professionals understand to mean being punished twice for one offense,”

The Prime Minister also clarified he is unaware of any other allegations similar in nature to those investigated by the People’s Alliance.

He noted that he would only take action if a formal report is made to him

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*From Grubsheet, 13 June 2024:

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From Fijileaks Archives

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Siga Tabu, Sunday,
27 August 2023

And then the neighbours and the Nakula Methodist Church church-goers recognised the Minister for Women, Children and Social Protection LYNDA TABUYA standing inside the Porch of the Radrodro home in Lami, Suva. She had been inside the house from 8am to 11am, allegedly confessing to brutally bonking the then Coalition Minister Aseri Radrodro in Room 233 in Hotel Windsor, while his wife was asleep about five rooms away on the same 2nd Floor.

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ONE STEP AHEAD, USPGATE. As the row over parliamentarians per diem rages on, USP insiders allege that VC PAL AHLUWALIA is already getting UN per diem rates by staying in top hotels while visiting Fiji from Samoa

15/6/2024

 
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*According to USP insiders, long before many kocokoco (greedy) Fiji parliamentarians voted for increase in per diem travel allowance, attracting public wrath and condemnation, VC Pal Ahluwalia was already receiving it because his residence is listed as Samoa.
*
*As far as Suva is concerned the couple, argue USP insiders, already have a big house provided by the USP, so there is no need for the couple to stay in Holiday Inn or other expensive hotels in Fiji, and charge USP excessive per diems.
*The same insiders argue that the USP has hundreds of positions unfilled, despite in the last Coalition government budget USP got an additional $F20million.
 
 *They are asking: 'Where is the money going as it is not used for advertising and filling vacant positions.' 
*
There are academic staff who teach more than
double loads during semesters. Some are receiving medical treatment for various diseases associated with the workload. They are burned out, have musculoskeletal  disorders, and severe eye problems (doing eye-straining computer work whole day).
 
*For many years it has been USP policy that University staff get 75% of the United Nations per diem rates when they travel on USP business.
*This policy is still
observed for most destinations but not in case of travel to Suva and Nadi which attracts a considerably higher per diem rate than the UN would pay their staff.
  
*According to official USP documents (see attached) the United Nations per diem rate for Suva is $F510 per day. The USP per diem rate was $F383 a day until 2022.  
*According to documents from USP, the per diem rates for USP staff increased in the year 2023 to $F615, an increase of 60.6 percent compared to the year before.
*In 2024 it further increased to $F
731 but only for those staff staying at GPH, Tanoa & Holiday Inn. For USP staff traveling on USP business per diem rates for other hotels in Suva declined to $F477 per day.
 
*The GPH, Tanoa and Holiday Inn increased from $F383 by the end of 2022 to $F731 by March 2024. This is an increase by 90.9 percent within 14 months.  
*Many at USP who are aware of these changes say that the main person who has benefited (and continues to) from these huge increases in per diem rates is the VCP Pal Ahluwalia. Since he runs USP out of Samoa he is entitled to receive a per diem for every day he spends in Suva. This has been fairly often over the months. He usually stays at Holiday Inn, meaning that his per diem is $F731 per day in 2024, and was $F615 in 2023. 
*It is also strange that the VCP obviously approved the changes in per diem rates. This means a conflict of interest as he is the one who benefits most from the sharp increase in USP per diem rates for Suva.
 
*When people ask how Fijian MPs possibly can decide their own remuneration, the same question can be put to Pal Ahluwalia regarding his per diem and stay in Suva.

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WRATH OF THE PUBLIC. Kocokoco (Greedy) MPs target of FCOSS and FRSA online petition against MPs pay rise as SPEAKER rules that 17 FFP MPs who voted for pay rise, allowances can keep their Parliament seats

14/6/2024

 
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MPs pay hike: Give it a REST. Civil Servants and GWE's pay: Give it a RAISE

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​We, the undersigned members of the Fiji Public Service Association and the Fiji Council of Social Services, alongside concerned citizens of Fiji, respectfully submit this petition to the Honourable Members of Parliament with the following urgent calls for action:
1. Immediate reversal of the Determination of Parliament Based on the Emoluments Committee’s Recommendations
We call upon the members of parliament to reverse the determination made on the 25th of May, 2024 based on the recommendations of the emoluments committee. The current decision has significant implications for public trust and the perception of fairness in parliamentary remunerations. We believe that an immediate reversal is necessary to maintain the integrity and accountability of parliamentary processes. 2. Comprehensive Review of the Parliamentary Remunerations Act
We further call on the Fiji Parliament to undertake a thorough review of the Parliamentary Remunerations Act. This review should explicitly include the following provision:
a) Annual Performance Review Mechanism:
​We propose the introduction of an annual review of members of parliament's performance, upon which the emoluments committee can deliberate any proposals for changes to salaries and conditions. This performance review mechanism must encompass:
i. Summary of Agency/Portfolio Outcomes:
A comprehensive summary of relevant agency and portfolio outcomes should be presented, aligning with the National Development Plan and pertinent Sustainable Development Goals. This ensures that the performance assessment is directly linked to the nation’s strategic development priorities.
ii. Citizens’ Assessment Report: 
A report by the Parliament of the Republic of Fiji summarizing submissions from citizens regarding their assessment of the conduct and performance of members of parliament and relevant members of the executive arm of government. This inclusivity ensures that the voices of the citizens are heard and considered in the evaluation process. iii. Representation from Private and Civil Society Sectors: Inclusion of representatives from private and civil society sectors in the review process. Their participation ensures a balanced and diverse perspective, contributing to a fair and transparent evaluation of parliamentary performance.
3. Repealing of Gazette 41/2024
We call for the repeal of Gazette No 41 of 2024, on the Determination to amend the salaries payable under Part A and Part B of the Schedule to the Parliamentary Remunerations Act 2014 based on the Emoluments Committee’s Recommendations. 
4. Increase salaries for civil servants and government wage earners (GWE)
​We further call for the implementation of across the Board salary increase for the whole civil service including the GWEs in the 2024 – 2025 National Budget. The salary increase for the aforementioned is long overdue and must be a top priority for the Coalition government due to the high cost of living, and with the inflation rate surging to more than 7% affecting household budgets for the working poor. It is to be noted that the last salary increase for civil servants was in 2017.
5. Implementation of the National Minimum Wage (NMW)  The National Minimum wage still remains at $4/hr which needs an immediate upward increase be implemented by the Coalition government for other workers immediately as workers are struggling to meet the daily expenses and to put decent food on the table for the family.       6. Conclusion
The implementation of these measures is crucial to enhance accountability, transparency, and public trust in the parliamentary system. We urge the Honourable Members of Parliament to consider this petition earnestly and take the necessary steps to effect these changes before implementing their self enrichment plan by voting $8.1 million for their parliamentary salaries. We appreciate your attention to these matters and look forward to your prompt action in addressing our concerns.
Sincerely,
Fiji Public Service Association
Fiji Nursing Association
Fijian Teachers Association
Fiji Bank & Finance Sector Employees Union
Fiji Commercial and Factory Workers Union
Fiji Union of Public Workers Fiji
​Council of Social Services   Concerned Citizens of Fiji

The online petition link is here: 
https://www.change.org/p/call-for-reversal-and-review-of-parliamentary-emoluments

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Speaker of Parliament, Ratu Naiqama Lalabalavu has today decided that the 17 FijiFirst Party MPs who voted for the change in salaries and benefits in parliament did not breach the constitution, as after the independent legal advice received, he has rejected the FijiFirst notification because it does not comply with the requirements of Section 63(3) of the Fiji Constitution. Ratu Naiqama says the FijiFirst notification was signed by Voreqe Bainimarama, purportedly as the Leader of the FijiFirst, and Faiyaz Koya, as the Acting General Secretary of the FijiFirst.

He says Section 5(1)(d) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013, read together with Section 3(2) of the Electoral (Registration of Voters) Act 2012, disqualify a person serving a sentence of imprisonment of 12 months or longer from being an office holder in a registered political party.

The Speaker says consequently, Koya and Bainimarama were not lawfully permitted to hold Bainimarama, an incarcerated criminal, convicted and sentenced to a term of imprisonment of one year, out as Leader of the FijiFirst Party.

Ratu Naiqama says Section 63(3) of the Fiji Constitution required the FijiFirst notification to be signed by both the Leader and the Secretary of the party.

He says not only was it not signed by the Leader of the party, but the fact that both Bainimarama and Koya holding Bainimarama out to be the Leader appears to involve an aspect of criminality.

Ratu Naiqama says it is an offence under Section 27 of the Political Parties Act to knowingly or recklessly make a false statement.

He says he has referred this matter to the Registrar of Political Parties, Ana Mataiciwa, to take appropriate action, with the possibility of charges following should there be sufficient evidence to warrant such a course of action.

He adds that he is also aware that Mataiciwa has issued a notice to the FijiFirst Party requesting that certain breaches of the Political Parties Act be rectified.

Ratu Naiqama makes it clear that should the FijiFirst Party not rectify the breaches with the result that the party is deregistered, he has asked that the FijiFirst MPs notify him promptly as to whether they will become an independent Member or whether they will join an existing party.

He says he has had to seek independent legal advice, and to ensure that both the process he has followed, and his decision have been fair, independent, and impartial.

We are currently in the process of getting the Registrar of Parties.

One of the 17 FijiFirst MPs, Jone Usamate says he will continue to perform his role as a Parliamentarian, to the best of his abilities, and in keeping with FijiFirst values of integrity, meritocracy, diversity and self reliance as a nation. Source: Fijivillage News

GONE FIRST. Fijifirst Founding MEMBERS Resign, pulling the rug from under the feet of the GREEDY 17 who defied party directive and voted for massive pay hikes, allowances - led by that infamous defector BULITAVU

10/6/2024

 

Fijileaks: We maintain that since the directive from the FFP headquarters was an administrative directive, the GREEDY 17 should have voted against the massive pay hikes and allowances.
*The GREEDY 17 turned JUDAS against their leader FRANK BAINIMARAMA the moment he was thrown into prison. 
​*We may recall that the very same 17 kept turning up in court to support and cheer their leader.
But GREED got hold of them

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From Fijivillage News, Monday 10 June 2024

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"FICAC kicked into action where the FijiFirst party's office, Koya's house, my house and law firms offices were searched last week. Bainimarama was questioned as to how or when he signed a letter in prison." 
Aiyaz Sayed Khaiyum 

HANDCUFFED

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FijiFirst founding member and leader Voreqe Bainimarama, founding members Aiyaz Sayed-Khaiyum and Salesh Kumar, party President Ratu Joji Satalaka, Vice President Selai Adimaitoga, Acting General Secretary Faiyaz Koya and Treasurer Hem Chand have resigned from their positions.

Sayed-Khaiyum says the other Vice President Ravindran Nair has also resigned. He says the resignation letters were given to the Registrar of Political Parties on Friday. Sayed-Khaiyum says what happens to the party now is the decision of the Registrar of Political Parties.

Those who have resigned from the FijiFirst Party are Bainimarama, Sayed-Khaiyum, Kumar, Satakala and Adimaitoga. He says Koya and Chand will remain Members of Parliament.

While explaining the decision, Sayed-Khaiyum says the Leader and the Acting General Secretary, sent a letter to the Speaker informing him about the directives that were issued by the party that were not followed by the 17 MPs and on the same evening, the Supervisor of Elections started sending out messages or letters to the FijiFirst General Secretary about the deregistration of the party.

He says FICAC kicked into action where the FijiFirst party's office, Koya's house, his house and office law firms office were searched last week. Sayed-Khaiyum says Bainimarama was questioned as to how or when he signed a letter in prison. He says they believe the 17 that supported the pay rise will carry on supporting those type of policies and those who have resigned cannot be a part of that.

While addressing the 17 MPs, he says it is quite sad that having aligned themselves with a leader like Bainimarama and FijiFirst, they did not specifically adhere to the values and principles that have been laid out in the FijiFirst Constitution.
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A BULL IN A CHINA SHOP. Lynda Tabuya accused of accepting $172,000 from the Chinese Ambassador to Fiji 'for a family fund-raising in Kadavu'.

9/6/2024

 
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China’s Ambassador, Zhou Jian with Lynda Tabuya [Source: Fiji Government/Facebook]

*According to a letter (dated 5 June 2024) to Sitiveni Rabuka, and cited by Fijileaks, Coalition Minister Lynda Tabuya is accused of having:
*Organized a private fund-raising in her village, upon which she
facilitated and accepted a cheque from the Chinese Ambassador being a Foreign Government.
*The amount given was $172,000. When the complainant sent an email to Tabuya questioning the nature of the fund-raising, she [Tabuya] allegedly posted on her Village Facebook chat advising her villagers to protect her and she will take care of it per se.
*The facebook Village chat group she posted on is Tikina o Nakasaleka
& Yasana o Kadavu.

"Sir [Sitiveni Rabuka], the people of Fiji voted for a change and unfortunately, we are not getting that change that we see corruption occurring left, right and centre. As a government minister soliciting and
accepting funds from a foreign government being China and advising her villagers to protect her shows the extend of her deceit and betrayal that I raise serious questions on her integrity and allegiance to Fiji. Sir, I humbly request that you do what is right and as you have seen these
ministers that you appointed are the very ones who have betrayed and lied to you due to their own ambition, greed, and hunger for power, but you still protect them and what for? When the world over is watching Fiji and what it does that under your leadership I see no change only
embarrassment after embarrassment. It is on this basis that I hope you will think of our nation and what is best for it and who you choose to represent it.​" -
The Complainant, 5 June 2024 to Sitiveni Rabuka
Fijileaks: We have not been able to obtain a response from Tabuya

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Mills and Boon at Fiji High Commission as LOVE PLOT Thickens. Police sources claim to Fijileaks that the new High Commissioner to London's 'marama or mistress' is sacked as serving Police Officer from Fiji POLICE

8/6/2024

 

The Fiji Foreign Ministry, Foreign Minister Rabuka, his assistant Lenora Qereqeretabua are not responding to the love tryst and twist in London.
*It is believed the 'mistress/marama' has been sacked for desertion.

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Minister for Home Affairs Pio Tikoduadua highlights the urgent need to remove corrupt officers in order to restore public confidence and trust. This comes amid alleged serious cases of drug tampering, corruption, and bribery involving police officers, which remain a major concern for the Fiji Police Force.

He states that the Internal Affairs Unit is currently handling several cases of grave concern and emphasized the need for firm action against unprofessional and corrupt officers.
​
“There are people who are Fijians, people who have good intentions about our people. Unfortunately, amidst the rest of us, there are also bad people. There are also bad apples. But we must do something. We have to do something to make sure that the police force is fit for its role.” Source: FBC News, 9 June 2024.
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