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FFP hugs JUDAS ISCARIOT on Bill 17: But READ how MOSESE Bulitavu was rallying SODELPA and landowners against Bainimarama, Seruiratu, ITLTBoard in 2015. SODELPA should SACK Bulitavu from the Parliament

30/7/2021

 
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"I support what MP, Mosese Bulitavu has said, not because he is a member of SODELPA but because he supports the fact that he is a young man with land and he wants to do development for his people and this
​is a Bill that will help him."

Bainimarama endorsing Bill 17, now passed by FFP controlled Parliament

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"Mr Bulitavu made no mistake and had the courage to not follow the deception of his colleagues and stand up for something that benefits landowners."
-
​Aiyaz Khaiyum​​

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"Everyone in Opposition should listen to Mosese Bulitavu and Tupou Draunidalo who have spoken in support of the Bill [17]."
FAIYAZ KOYA, Minister for Commerce, Trade and Tourism

From Fijileaks Archive, 23 February 2015. We had based our stories on the extensive e-mails and documents that Bulitavu had supplied to us. Sadly, to often, far too often, these LIU MURIS have crossed to FFP and other political parties, leaving Fijileaks exposed but to keep fighting on behalf of the suffering Fijians. Our new policy - EXPOSE these scroundrels - who deviously use Fijileaks as a conduit for their own personal, political, and economic advancement. Bloody Judas Iscariots!

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Naiwailevu Bauxite Mining - Bua - NA VEIVAKALOLOMATAKI​

The Auditor General's Report in summary has revealed that:

1. of all the 88 parcel of land designated to the Land Use Unit's "Land Bank" only 12 land parcels were advertised;

2. investigations by the Auditor-General confirm for Mataqali Nalutu, Noro and Naicobo land lease titles issued to Aurum Exploration Limited - the leases were issued by the Land Use Unit's "Land Bank" at the directive of the PM (no land owner consultation or consent);

3. Land Use Unit also confirmed to the Auditor General that leases were issued prior to the conduct of survey and approvals of survey plans (abuse of process). For this purpose LUU (Land Bank) issued a MOA and MOU to allow use of land while approval process were still in progress. The insistence of Chinese investors for sure with bribes to the PM to give directive to LUU to allow access;

4. Auditor General noted that the extraction of bauxite exceeded allowable quota. In addition LUU "Land Bank" have no recorded data on the volumes of soil and rocks extracted from the lease area. However, Fiji Revenue and Customs Authority (FRCA) recorded that 1,287,843.7 tonnes of soil were taken for shipment as at 14/10/2014. The Auditor General noted that amount recorded by FRCA was in access of the volume of allowable quota of bauxite extraction as per condition of the Memorandum of Lease (MoL) issued by the PM (must another cut here for FB and ASK). The volume limit is 1,000,000 tonnes under MoL 18262 ;

5. Memorandum of Lease no. 18262 was not aligned to its Special Mining License 59 of 13/5/2011 as to which one the Chinese Company was using. This reveals the lack of consultation with stakeholders in drawing the terms of the lease;

6. Fair Share of royalty on the surface lease for the three Mataqali's was not paid by Aurum Exploration Limited until November 2014 (mining started in 2011). Funds $600,000  was deposited by Aurum Exploration Limited to the Land's Department but has not reached the Mataqali's via LUU "Land Bank" lease system which is not in place like NLTB (this the disadvantage of having a parallel land leasing system competing with NLTB). Here is FB's statement in 2011 at the opening of the Bauxite Mining: 

“I am also pleased to note that benefits to landowners are being progressively met with the partial release of lease payments, the construction of infrastructure like roads and mobile telecommunications, and ongoing discussions with Aurum Explorations (Fiji) Limited to provide employment and contracts for local trucking and catering businesses. Already, Aurum has paid a total of almost a million Fijian dollars to the land owning units, with a remaining two million Fijian dollars to be paid out within two years. 

The Divisional Commissioner will also play an active role in assisting landowners with their development projects including housing, water supply, provision of electricity, and education, among others.In fact, Government is now working towards providing electricity for Nawailevu Village by early next year, with the rest of the villages to be progressively served. These developments will provide a suitable platform for socio-economic development not only at Nawailevu, but for the whole of Vanua Levu. This is consistent with Government’s Look North Policy. "

(full speech attached)

7. The LUU "Land Bank" has not lease compliance mechanism for defaulters like NLTB;

8. Minister for Lands Mere Vuniwaqa and her predecessor issued new leases to Aurum Exploration Limited for lands belonging to Mataqali Nalutu, Naicobo without proper lease screening, applications were not made on proper forms and details of proper financial standings were not submitted by Aurum Exploration Limited. 
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Bula Victor,

Permanent Mission’s First Secretary, Jim Bai, advised the Forum that Fiji’s 2013 Constitution is consistent with the United Nations Declaration on the Rights of Indigenous People. 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 did not say the complete section 28 which states "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, except to the State according section 27." Section 27 is for public purpose and like the Nawailevu case, the Spokesman Vilikesa Rakaidawa said that when the Ministry of Lands came in 2011 for them to sign the consent form they were told that they only have 30mins. Their was no advice and when they rang their lawyer he was not available. Govt. officials told them under the law of Compulsory Acquisition, the State will alienate their native land even if they do not give consent. 

In addition Jim Bai also 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. Well, the attached is the signed Nawailevu Pettion as evidence that Govt. is the first to breach this right.

Mo
22 April 2015
Deal All
Ni sa bula vinaka tale.


The land owners of Mataqali Naicobo at Nawailevu have returned the signed petition and the two other Mataqali's will deliver theirs by tomo. All Mataqali's have singed. The spokesman Vilikesa Rakaidawa (mobile: (redacted) has been busy anwering calls from overseas media and indigenous movement groups (local and abroad). He said its just like a dream come true (thanks to those of you who had made the Nawailevu plea available online).

The Police and Military intelligence also were in Nawailevu collecting infor. on the petition and for their briefing to Minister for Defence, PM and AG. They presented a copy of the petition to Mr. Rakaidawa and said that they also support the cause (a technique to fish information).

The Ministry of Lands officials went down to Nawailevu yesterday to tell the land owners that the Minister of Lands under pressure has confirm that a workshop will be at Labasa in June and the fair share of royalty will be given. The workshop will include Home Finance officials for property investment and FHL for buying of units. Department of Lands wants to establish development projects for them and Fiji First claim that it did it for them.

In our discussion today, I have advised them which will be in the minute to change the government trustees - replacing Minister for Agriculture Inia Seruiratu with a Mataqali member and they only accept the projects propossed by the Minister at the workshop in June once the arrears is settled by Aurum Exploration (Fiji) Limited - which is about $1.5m. The Minister wants to come a do business with only the $600,000 deposited in December 2014. We want the Company to pay a penalty for late payment etc. The Minister has to make an assurance as to when the lease and license will be terminated if the bauxite work is completed.

The Ministry of Lands have explained to the land owners yesterday that a top survey will be conducted to determined the depth of the extraction done by the Company. The landowners voiced their concerns that now the rehabilitation works has filled the holes with sawdust to mix with sand to replace the soil and rocks that have been taken to China. Ministry of Lands officials were surprised and they said they were unaware of the sawdust refill and will contact Mineral Resource Department HQ on that issue.

Attach is the signed pettion from Nawailevu and their new Deed of Trust application to replace Inia Seruiratu. Why was he a trustees in the first place when he is not a member of the Nawailevu landowning unit?

Mo
10 Attachments
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"Inia Seruiratu. Why was he a trustee in the first place, when he is
not a member of the Nawailevu landowning unit?"

Mosese Bulitavu to Sodelpa, private email, 22 April 2015, bbc to Fijileaks

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Defence Minister, Inia Seruiratu has shed some light on why politicians have been taken in for questioning in relation to Bill 17. Members of the Social Democratic Liberal Party, the National Federation Party and the Fiji Labour Party have been questioned by the Criminal Investigations Department over the past week. Speaking in parliament this afternoon, Seruiratu pointed to Fiji’s past upheavals where iTaukei landowners were lied to and used to cause public unrest. I"’m sorry that people are being interviewed by police, but the police are doing their job because of the mistakes of what has happened in the past. We don’t want Suva to be burnt again. Whatever statement we are making let’s do it with responsibility because words are powerful.”
Police have also increased their public presence and monitoring in the past few days saying it’s related to comments being made on Bill 17 and the possibility that it could lead to incitement.
Fwd: letter to TLTB on lease distribution
​mosese bulitavu <[email protected]> 4 May 2015. 
Bula All,
Attach is a letter by the Mataqali Naboutini, Wailevu, Cakaudrove to TLTB GM asking who has a superior right TLTB and Minister or Landowners according to 2013 Constitution.
A support letter is attached questioning TLTB GM does TLTB protect the rights of the Land Owning Units or not?
We can use this to hit back as PM statements "land is protected, iTaukei is safe through rights in section 28 of 2013 Constitution)
Mo
7 Attachments
​­­­4th May 2015
 
Mataqali Naboutini
Yavusa Navesi
Tikina ko Wailevu

Cakaudrove
 
 The General Manager
Itaukei Land Trust Board
SUVA
 
Re: Distribution of lease to personal account
 
Dear Sir,
 
After our Mataqali meeting on the 15th of March, 2015 at the Nacodreudreu Village Community Hall the members have agreed that TLTB must not deposit to individual accounts our lease monies for the economic benefit and welfare of the Landowning Unit.
 
This economic benefit and welfare includes a housing project that the Mataqali wants to undertake. In exercise of our customary right in the 2013 Constitution which supersedes the Decree 61 of 2010 Native Land Trust (Leases and Licences Amendment) we instruct TLTB as trustees of our native land not to release our lease monies until further consultation.
 
We believe that the mode of distribution will prevent the Mataqali from its housing project and with not improve our standard of living.
 
 We hope and pray that you consider our concerns and act in the best interest of the Mataqali.
 
We, the undersigned attest our signature as evidence that we agree as a communal unit to commitment ourselves for the best interest of the members and also for the future generation.

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mosese bulitavu <[email protected]> Fri, 15 May 2015, 03:03
to me
Petition has been presented and sent to Parliamentary Committee for Natural Resources.
Mo.
This was on Monday:

Nawailevu landowners will get their fair share of money – Mere Vuniwaqa By Vijay Narayan Tuesday12/05/2015
 
Lands and Mineral Resources Minister Mereseini Vuniwaqa said:

Public consultations will be held soon on the determination of the fair share of royalty to be paid to the Nawailevu landowners where bauxite mining is currently underway. This has been confirmed by Lands and Mineral Resources Minister Mereseini Vuniwaqa following questions raised by SODELPA parliamentarians on the payment for landowners.

Opposition MP Ratu Naiqama Lalabalavu questioned Vuniwaqa why the royalty payments have not been made.
Vuniwaqa says the royalty payment is being held in trust with the Mineral Resources Department until the fair share is determined after the consultations as stated in the constitution.

She also highlighted that for the Nawailevu bauxite mine, Aurum Exploration Fiji Limited has paid the premium and rent payable for the surface lease, lease and premium for access to the mining, camp, quarry and stockpile sites have been paid. Vuniwaqa also said the company has also paid the fisheries rights compensation and the rock royalty.

Vuniwaqa says payments yet to be accessed by the landowners are the future generation fund and royalties in relation to the extraction of bauxite.

She says there are certain issues in relation to the setting up of the trust funds in the relevant mataqalis and relevant trustee issues. This is being sorted out before the mataqali can access these funds.

She also says the government and Aurum Exploration are also working out a way to determine the amount of bauxite ore that has been mined in Nawailevu.

This was on Thursday:
Royalty query

Vuniwaqa Bola-Bari And Luke Rawalai
Friday, May 15, 2015

Opposition MP Mosese Drecala Bulitavu, left, talks to Attorney-General and Minister for Justice Aiyaz Sayed-Khaiyum as they make their way out of Parliament yesterday. Picture: ATU RASEA

LANDOWNERS in Nawailevu, Bua have denied receipt of any rock or soil royalty.

This was relayed to Parliament yesterday by Opposition member Mosese Bulitavu who questioned Lands Minister Mereseini Vuniwaqa's confirmation on Monday that landowners had been paid rock royalties.
He informed Parliament landowners of Nawailevu had only been paid goodwill of $570,000 which was held under a Trust.

"They have received a total of $32,000 from lease proceeds so far, $18,000 per annum for a period of two years and the landowners are not aware of any rock and soil royalty payments and they confirm they have not received these royalty payments," Mr Bulitavu said.

Mr Bulitavu's comments were confirmed to this newspaper by landowners yesterday. Landowners said they understood the soil and rocks royalty was being processed by the Lands Ministry and they had not received it.

Vilikesa Kaidawa said they had only received money for the leasing of the mining site which stood at $32,000 and they were aware of the ministry's intention to set aside $60,000 soon as trust fund for future generations of Nawailevu. He confirmed since 2011 to 2015 they have been receiving lease premiums of $8000 every six months.

Mr Kaidawa said they had been informed that rock and soil royalty would be given once mining works ended following a survey to determine the amount of soil and rocks used during the mining process and the amount of royalty to be paid.

Meanwhile, this newspaper was earlier informed by Mrs Vuniwaqa that one of her ministry's priorities this year was to determine a formula that would give shares of royalty monies to all landowners. This is a provision on Section 30 of the 2013 Constitution.

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“To the people who signed the petition under false pretences, you should demand an apology. They asked you to affix your good name to a lie. You have been misled.”
Frank Bainimarama, speaking on the petition against Bill 17

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POLICE HARASSMENT OF NFP MUST STOP: It is time they arrested the MURDER Suspect Frank BAINIMARAMA and the 1987 MASTER Bomber Aiyaz Khaiyum. These two criminals have for too long held us to ransom

28/7/2021

 

DEAFNING SILENCE: Where is that NZ High Commissioner and FFP "Ba** Greaser" JONATHAN CURR who gave $4million of New Zealand taxpayers money for the Draft Fiji Police Bill?

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​By: Russell Hunter and Victor Lal, The New Zealand Herald, 17 February 2012

Fiji's chief of police made a private call to his New Zealand counterpart urging him to arrest Commodore Frank Bainimarama a few weeks before the military leader seized power in a coup in December 2006.

It was reported at the time that a request had been made through Interpol and rejected by the New Zealand Government but only now can details from behind the scenes be [re]vealed.

In November 2006 then Police Commissioner Howard Broad took the call from his Fiji counterpart Andrew Hughes, an Australian, who wanted to know if Commodore Bainimarama had committed any offence under New Zealand law for which he could be arrested.

Teams of police officers from both forces worked over a weekend and agreed the future dictator could be charged in New Zealand with perverting the course of justice in a foreign jurisdiction.

​The planned charge related to remarks made by Commodore Bainimarama in New Zealand regarding an investigation into his alleged sedition in Fiji.

Mr Hughes sent two senior officers - an assistant commissioner and a senior detective - to New Zealand to liaise in the planned arrest.
​
"Then Howard Broad had a change of heart," said Mr Hughes. "He said New Zealand Foreign Affairs preferred a political solution.

"I argued it was his decision as Police Commissioner as to who should be charged in New Zealand."

At the time Commodore Bainimarama was in New Zealand for his granddaughter's christening and the Foreign Minister at the time, Winston Peters, had taken the opportunity to broker talks between him and elected Prime Minister Laisenia Qarase aimed at diverting Fiji's lurch towards a military takeover.
​
A day later, Mr Hughes received a call from Mr Broad.

​"He sought my assurance that no NZ citizen would be endangered in Fiji as result of an arrest," said Mr Hughes.

"Of course I would do all in my power to protect all the people in Fiji but a blanket assurance of that kind was not possible. It would be like me asking him for a similar assurance covering all Fiji people in New Zealand. It wasn't possible to give him that.

​"In the end, Mr Broad told me, 'Well, we're not going to arrest him."'

Mr Broad, now retired, told the Weekend Herald yesterday in a written statement that he remembered the call well.

"I remember it as a highly unusual request to consider an allegation against the Chief of Defence Force of a neighbouring country's properly constituted Government.

"I remember giving this decision a lot of consideration because it contained complex operational, legal and policy issues. I made the decision but I took a lot of advice. I remain comfortable with it."

He said some aspects of Mr Hughes' explanation did not accord with his recollection but he did not specify what they were.
​
In Suva, the Fiji police force had been awaiting an opportunity to arrest the commodore on the sedition charge but were unable to penetrate his heavily armed personal security detail - rarely less than 12-strong at any given time.

"I had earlier taken a brief of evidence to the DPP," said Mr Hughes, "and it was agreed that there was a case to answer on a sedition charge.

"We wanted to arrest and charge Commodore Bainimarama but he was permanently covered by heavy security. I was very keen to avoid an armed confrontation between the police and the military. So we waited."

As Prime Minister Qarase waited at Suva's Nausori airport to board a New Zealand Air Force VIP jet to take him to the Peters-brokered talks in Wellington, he was surprised to be joined by Mr Hughes, who then explained that the arrest plan was unlikely to come to fruition. Mr Qarase was shocked.

The Fiji Police Commissioner boarded the flight and in Wellington he met a deputy secretary for foreign affairs but was again told the New Zealand Government's position was that a political or diplomatic solution was preferred.

Aware that the police were ready to arrest him in Suva, Commodore Bainimarama had made it one of his many conditions for any settlement that the police commissioner would have to go.

Mr Hughes had, a week previously, sent his wife and sons to Australia having received credible information that they could be targeted by a military snatch squad.

In Wellington, he sought consular advice which was that he should not return to Fiji. He never did.

Mr Hughes also considered the safety of his own loyal officers who would try to protect him from military arrest.
The 2006 coup was the commodore's fourth attempt.

In 2000 during the negotiations that ended the Speight hostage crisis he suggested that the military should run the country for up to 50 years but Speight - and the president - would have none of it. In 2004 and again in 2005 he planned to take over the Government but his senior officers refused to commit treason.

All were sacked.

By December 2006 it was now or never for Commodore Bainimarama. It was widely agreed amongst informed observers of the events of 2006 in Fiji, including the diplomatic community, that without Commodore Bainimarama the RFMF would be rudderless.

Had Commodore Bainimarama been arrested in New Zealand the Fiji military would have been unable and unwilling to proceed with the removal of the Qarase Government.

The then US ambassador to Fiji, Larry Dinger, summed it up when he told his masters in Washington in a cable leaked by WikiLeaks regarding the New Zealand arrest plan.

"Being passive with bullies only encourages them. An arrest abroad might be the only way to enforce a criminal charge and remove the Bainimarama thorn," he reported.

Labour's foreign affairs spokesman Phil Goff, who did not deal with the issue, could not confirm Mr Hughes' account.

However, he could understand why no arrest was made, saying such a course of action would mean a country lost its credibility as a mediator for dealing with crises.

"I scarcely think you were going to lure a person here under false pretences only to arrest him. That would be seen as an ambush and bad faith and it wouldn't have resolved the situation within Fiji."

Fijileaks: The late Russell Hunter and Fijileaks Founding Editor-in-Chief had interviewed the late Andrew Hughes and the late Prime Minister Laisenia Qarase and other sources for the above article. We will reveal Hughes long letter requesting Broad to reconsdier his decision not to arrest the murder suspect Frank Bainimarama.

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”In 2004 and 2005, there was no intention then to remove the government because I was trying to tell the government to play ball. There was a build-up of animosity between us and the government of the day, but there was no intention then to remove them because I was trying to get them to change their stance on the Qoliqoli  ( coastal resources ) Bill and the racism that was rife. I was trying to persuade Qarase that he was wrong but there was no talk of us wanting to do coups then.” 
Frank Bainimarama to Graham Davis, February 2012

Fijileaks:
Bainimarama was lying, as documents on us contradict him

From Fijileaks Archive, 2013:

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A series of documents smuggled out of Fiji tell a vastly different story. Bainimarama not only wanted the job but had tried three times previously to seize control of the nation.

His first attempt occurred during the negotiations to end the George Speight hostage crisis in August 2000. Several of those present confirmed that the Commodore - who had tacitly supported the Speight coup - declared that the military should lead the nation "for the next five, 10 or 50 years".
​
A heated argument between Speight and Bainimarama ensued, ending only when President Ratu Josefa Iloilo said a democratic solution was the only way forward.

Bainimarama proposed that banker and businessman Laisenia Qarase should lead an interim government with elections after one year. But to his frustration he found his "advice" to the interim government was routinely shunned.

By December 2003 the Qarase government - tired of the Commodore's constant and often public interference - was reluctant to renew his term, due to expire in April the following year.
​
When Bainimarama got wind of this, he flew into a rage and ordered his senior officers to start planning a coup. But he reckoned without senior officers who counselled against such action and finally refused to implement his orders.

​On January 5, 2004, secret advice to Bainimarama not to stage a coup warned of the chaos and damage that could follow.

The document, composed and signed by Lieutenant Colonel Jeremaia Waqanisau, Colonel Alfred Tuatoko, Colonel George Kadavulevu, Colonel Samuela Raduva and naval commander Timoci Koroi, reads in part:

​"We feel that the interests of the RFMF (Republic of Fiji Military Forces) and the nation have been overridden by your personal wishes ...

"Under the circumstances there is no way you can justify your intent and impending action. On the other hand the consequences of such action would be catastrophic for Fiji. The despair and suffering will be unbearable and longer lasting than that experienced after 1987 and 2000."

None of the officers agreed to be interviewed.

However, the later "redress of wrong petition" also contains a statement by Tuatoko, who wrote: "In my interview with [Bainimarama] he stated that he would forcefully remove the present government if his term as Comd RFMF was not renewed.

"I advised him that such an act was illegal and amounted to treason. I advised him that there are legal ways to settle his disagreement with government and that he must follow that legal path. Comd said that doing so would take too much time. He said that removing the government would be legally wrong but was morally correct."

This document was sent to the Minister for Home Affairs, Joketani Cokanasiga, and is likely to have been seen by Qarase. Incredibly, nothing was done. A senior minister told Hunter at the time: "We're not too worried about him [Bainimarama]. He doesn't have the support at the camp that he thinks he has."

The aborted coup of January 2004 persuaded the Government that the soldiers would not obey their commander if he ordered them to commit treason by removing it.

In December 2005, Bainimarama decided to try for a third time. He had been reappointed, so his job was no longer an issue, but he knew Police Commissioner Andrew Hughes had no intention of backing off a murder inquiry into the deaths of five members of the elite Counter Revolutionary Warfare unit, kicked to death by loyalist soldiers after the November 2000 mutiny.

There was also anger in sections of the officer corps (by now mostly hand-picked Bainimarama men) that the Qarase Government was "soft" on those involved in the 2000 coup.

Bainimarama had sacked the five officers who refused to carry out his first attempted coup and appointed Lieutenant Colonel Jone Baledrokadroka as Land Force Commander - effectively his deputy. He told Baledrokadroka to prepare plans for a military takeover.

Like his brother officers before him, JB (as he was known) refused to be involved in treason. He was told to take leave and not come back but again the coup had to be postponed.

JB told Hunter on the day of his dismissal: "I saw an order that I deciphered as treasonous and I could not accept it."

By May 2006, in the full realisation that Bainimarama's reappointment had not bought off its troublesome military commander and with a fresh election victory under its belt, the Cabinet wanted him gone.

There was talk of surcharging him for the blatant abuse of military funding in the army's "Truth and Justice" campaign that sought to influence voters during the 2006 election. It came to nothing - but Bainimarama was to hear of it and it fanned the flames of his fury.

With the dismissal of JB he was able to surround himself with an officer corps that owed their positions to him alone. His coup would take place within a year.

Claim strongman threatened to kill officer

Fiji leader Frank Bainimarama threatened to kill a former top army officer who challenged his 2003 coup plan, according to the officer's written testimony.

The late Lieutenant-Colonel Jeremaia Waqanisau refused to carry out the Commodore's coup order and took a new job as CEO at the Ministry of Home Affairs.

In a file note at the time he recalled in January 2004 the Commodore barged into Home Affairs Minister Joketani Cokanasiga's office with several bodyguards, accusing Waqanisau of raising an army against him.

"Bainimarama further said had it not been for the minister I would have been dead already, and next time the military came back to finish what they started he would personally lead [them] to town and make sure I would be the first to die.
​
"I told Bainimarama when he came down next time he should come alone, without his weapon and his armed body guards and then try to kill me. He became furious challenging me to a fight taking off his [weapon] and posing for a fight... I said I didn't want to fight him and he should go away. The minister was holding him back and eventually pushed him out the door."

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BILL 17: FORMER Lands Minister SUDHAKAR, 'If you are renting a house it should not be open to YOU to rent out or mortgage or pledge a room, kitchen or garage to another person, without permission of the landlord.'

27/7/2021

 
 "The government's justification for the amendments citing a backlog of applications does not make sense. It is just like saying we have too many cars so let's do away with roadworthiness tests or we have too many ships so let's forget about seaworthiness tests or that we have too many aeroplanes (which we have) so let's throw airworthiness tests out of the window..​More relevant example in today's times would be that there are too many covid cases so let's not do any more swab tests! What chaos that will create. Simple administrative changes could have fixed the backlog issue." - Ashneel Sudhakar

"Don't ever take a fence down until you know the reason it was put up" and "If it ain't broke, don't fix it" -
​
Ashneel Sudhakar, former FFP Minister for Lands

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By ASHNEEL SUDHAKAR

​With the Land Law Amendment debate raging on, I thought to add in my explanation on the issue as well in simple terms.


The proposed amendments essentially touch on three aspects:

Consent of the lessor as the case may be (TLTB for native land or Lands Department for crown land) will no longer be required for:

1. Mortgages
2. Institution of legal proceedings

3. Connection of utilities such as water and electricity.

Firstly, the government's justification for the amendments citing a backlog of applications does not make sense. It is just like saying we have too many cars so let's do away with roadworthiness tests or we have too many ships so let's forget about seaworthiness tests or that we have too many aeroplanes (which we have) so let's throw airworthiness tests out of the window.

​More relevant example in today's times would be that there are too many covid cases so let's not do any more swab tests! What chaos that will create.


Simple administrative changes could have fixed the backlog issue.
 

1. Mortgage
The word mortgage is derived from a French term meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled, the property is sold by the bank or the property is taken through foreclosure.

Once the mortgage is registered the Bank becomes the legal owner and the lessee become the equitable owner. Whatever the terms and conditions of the mortgage may be (which are quite strict usually) or legal arguments on both sides are, it is morally only right that TLTB as trustee of native land on behalf of the mataqali and Lands Department as custodians of crown land have knowledge when their property is pledged in such a rigid manner by their lessees. It's not just about saving $109 in consent fees. The land is not yours; you are just renting/leasing it for a term after which it will return to the owner.

Put in simple terms, if you are renting a house it should not be open to you to rent out or mortgage or pledge a room, kitchen or garage to another person without the permission of the landlord.

2. Legal Proceedings
Courts have wide ranging powers. The reason for seeking consent of TLTB or Lands Dept before instituting legal proceedings is to ensure that the lessor knows what the applicant seeks is not something which is undesirable to the lessor. If the lessee is seeking something which would not usually be allowed, the lessor can refuse consent. (The court may make the lessor a party to participate in the proceedings or to advise the court but many times this is not done.)

For example if two people apply to subdivide land among themselves and the lessor refuses consent, one party can sue the other in a planned court action and enter judgement by consent. The issue of consent to the dealing may be brought up in court but lawyers who have practised litigation will tell you that when matters are settled out of court and consent judgement is entered, legal matters are not usually brought up.

If the courts are not careful and do not scrutinise the application in light of Section 12 of the iTaukei Land Trust Act or Section 13 of the State Lands Act and the lessor is not a party the court proceedings such a dealing could pass under their radar. Consent judgements can be used to get something which the lessor had refused initially. It is rare but similar circumventing of the processes have happened before.
 

3. Water and Electricity Connections
We already have the problem of increasing squatter settlements and illegal construction. The purpose of obtaining consent for connection of water and electricity was that it provided a window of opportunity for the lessor to check if the building was built on their land legally.

For a long time EFL and WAF required title or lease documents before approving connections. Recently for squatter settlements and illegal buildings a temporary consent was made possible by the lessor on humanitarian grounds. That ensured that the illegal building would be brought within the knowledge of the lessor which is important for future planning, relocation, etc.

The consent requirement was there for a purpose. These hasty changes are bound to cause friction among people and legal problems later.

It should be noted that these provisions have been untouched since the 1940s. In law it is said that if a legal provision has withstood the test of time it must be good law and should not be easily disturbed. We might just be creating new problems instead of solving old ones.

As these old sayings go;
"Don't ever take a fence down until you know the reason it was put up" and "If it ain't broke, don't fix it"
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STAY IN FIJI HOSPITAL: New Zealand declines request to move Covid19 patient from Fiji for special treatment. Covid patient allegedly from RC Manubhai, who donated millions to the coffers of Aiyaz Khaiyum's FFP

27/7/2021

 
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Graham Davis: "The arrests are on direct orders of Prime Minister, who maintains personal control over disciplined forces and is behaving like the dictator he was and, still is, under the veneer of parliamentary rule..."

26/7/2021

 
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PAY BACK TIME: LAND THEFT BILL NO 19 has been legislated to reward hoteliers on leased lands. Most are big time FFParty DONORS. If only the Minister for Everything understood Consultation- and not- Confrontation

25/7/2021

 
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Fijileaks: BULLOCKS! The Bill No.17 was quietly slipped into the Budget without any consultation with the landowners, political parties, and other stakeholders. What right has the Solicitor-General to rule on land matters? He is, after all, tied to the G-String of Aiyaz Khaiyum

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The ​Board of Trustees of the iTaukei Land Trust Board (TLTB) comprises the Minister for iTaukei Affairs as Chairman, five members appointed by the Government, three Fijian members appointed by the iTaukei Affairs Board from a list of nominees submitted by the various Provincial Councils to the iTaukei Affairs Board, and not more than two members of any race, appointed by the Prime Minister. The current members of the Board are as follows:

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THE TRUTH ABOUT BILL No. 17

Bill No. 17 –– a proposed amendment to the iTaukei Land Trust Act 1940 –– has come under false and inflammatory attacks by MP Lynda Tabuya, MP Bill Gavoka, and others. Based on the quality of their contributions, we are deeply concerned they have not read Bill No. 17 at all.

Bill No. 17 proposes that consent of the TLTB is no longer required for any mortgage, charge, pledge, or caveat, as well as development, like water and electricity access, on registered leases which are properly issued by the TLTB. This applies for leases initiated with the AGREEMENT of landowning communities.

The TLTB Management was consulted and supported the Bill.
The Bill does NOT take away land from landowners, it upholds ALL constitutional protections.
The Bill does NOT lower the value of iTaukei land, it raises it.

The Bill does NOT reduce lease payments to landowners, it increases them.

We welcome public interest in the administrative workings of the TLTB, but those discussions must always be based on truth!

FALSE CLAIM:

MP Tabuya claims that iTaukei landowners will no longer have a say over their land if Bill No. 17 is passed.

THE TRUTH:

iTaukei land ownership is secure and safe. The Board’s mandate under section 4 of the iTaukei Land Trust Act 1940 to administer land for the benefit of the iTaukei landowners remains intact.

Before dealing with iTaukei land, whether within reserve or outside of reserve, the Board is STILL REQUIRED to consult with the iTaukei landowners as required under section 9. When dealing with the de-reservation of iTaukei land, the Board is still required to obtain the majority consent of the iTaukei landowners as required under section 17 of the said Act. Bill No. 17 will not take away the ability of the iTaukei landowners to determine what happens on their land. It is their land and their decision.

FACT:
The security and ownership of iTaukei land is guaranteed under the 2013 Fijian Constitution. In keeping with the protection afforded by the Constitution, Bill No. 17 does NOT in any way remove from the iTaukei landowners’ ownership over iTaukei land.

FALSE CLAIM:
MP Tabuya claims iTaukei landowners might not be able to enjoy the same amount of money they are receiving right now after Bill No. 17 is passed.

THE TRUTH:
Landowners will continue to receive FULL rents and premiums under leases of iTaukei land. In fact, these rents and premiums are likely to increase.

The amount of money received by landowners or which they will continue to receive under leases of iTaukei land are therefore NOT affected by the removal of the consent requirement to mortgages, charges, pledges and/or caveats. However, iTaukei land will become more marketable under the amendment, attracting HIGHER lease payments for landowners. Thanks to the equal distribution of lease monies measure, all iTaukei landowners will continue to receive a fair share of lease monies regardless of their status within the landowning unit.

FACT:
Under the 2013 Fijian Constitution, iTaukei land cannot be converted to freehold title. iTaukei landowners also receive 80% of royalties derived from the extraction of minerals from iTaukei land as set out in the Fair Share of Mineral Royalties Act 2018. This benefit is not impacted by the amendment proposed by Bill No. 17 of 2021.

FALSE CLAIM:
MP Tabuya claims that if the consent of TLTB is no longer required, there is no control over what a lessee can do with the land.

THE TRUTH:
Bill No 17 only proposes that the Board’s consent is no longer required in respect of mortgages, charges, pledges and caveats. Lessees are STILL required to apply to the Board for all other dealings such as sales, transfers, assignments, subleases and developments over iTaukei lease land. This consent requirement remains intact under section 12 of the iTaukei Land Trust Act 1940 and its regulations, and as entrenched in a tenant’s lease.

FACT:
The TLTB now manages around 48,000 leases compared to 33,394 in 2006, and collects and distributes over $100 million in rents and premiums on an annual basis compared to $37 million in 2008.

FALSE CLAIM:
MP Tabuya claims that landowners will have no recourse to the courts of law if they are unhappy with the terms of leases and/or actions of the Board or tenants.

THE TRUTH:
All Fijians, including landowners, have a constitutionally protected right to have access to justice, including seeking redress from the courts of law. Bill No. 17 will not remove this right.

Bill No. 17 will not stop the TLTB from continuing with the current system they have in place of monitoring compliance of lease terms and conditions. The proposed amendment does not hinder the process and the right of forfeiture and/or re-entry should TLTB lessees breach their lease conditions.

FACT: The State may acquire freehold and iTaukei land for public purposes provided the State pays fair market compensation. This has been the case since colonial times and ensuing constitutions and laws of the country to now. This is not new. However, unlike freehold land paid for by the State, the State –– under the 2013 Fijian Constitution –– must return land to the iTaukei landowners if it is no longer required for the original public purpose it was alienated for.

FALSE CLAIM:
MP Tabuya claims that consultations were not held on Bill No. 17.

THE TRUTH:
The Solicitor General’s Office consulted with the TLTB Management –– The manager of all iTaukei land in Fiji –– to garner constructive feedback on the Bill.

Under Bill No. 17, the legal requirement for consent for administrative matters –– matters that do NOT affect the rights of Landowners –– will be removed. This makes land more attractive for investment which increases the long-term market value of iTaukei land and will generates more income for landowners.

MP Tabuya and MP Gavoka may not have read Bill No. 17, but that doesn’t mean you shouldn’t. You can read Bill No. 17 on the Fijian Parliament Website at http://www.parliament.gov.fj/.

TLTB MANAGEMENT
25th July 2021

Fijileaks: Lawrence Tikaram is a Trustee of the I-Taukei Native Land Trust Board and FFP DONOR

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MOMIGATE - BAINIMARAMA TRIED TO $ELL MOMI BAY RESORT "CASINO PR0JECT" TO SOUTH KOREANS

Playing Roulette with i-Taukei Momi Land
"The Hon Prime Minister was very impressed to hear Prof.Cha’s views and asked him the dollar value of setting up a casino. Prof Cha informed the Prime Minister that to set up a casino will cost about US$30 million, that includes machines and also training the individuals who will be employed. Prof Cha assured the Prime Minister of his assistance in this regard and even offered to invest and set up the casino on his own accord if the government finds it difficult in looking for the much need funds, if the government endorses the operation of casinos in the country in the near future. The Prime Minister then requested Prof Cha to have a look at the Momi Bay Resort which the government is embarking on to sell..." Read The Korean Trade Delegation Report 2009 HERE

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LAND HAS EYES: NFP leader Biman Prasad and other MPs taken in by CID for questioning regarding their statements on Aiyaz Khaiyum and Bainimarama's Land Theft Bill No 17. Police GESTAPOS start BULLYING

25/7/2021

 
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Fijileaks: Fiji Police should charge Aiyaz Khaiyum with corporate manslaughter for bringing Indian COVID into Fiji that has killed over 175 innocent Fijians of all races, and also they should charge him for masterminding the 1987 bomb blasts that also resulted in the loss of lives and limbs. And, they should also charge their OWN Commissioner of Police SITIVENI QILIHO for torture when he arrives in Fiji

UPDATE on Land Theft Bill No 17 arrests of Opposition MPs:

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“It is worrying that the Fiji Police Force decided to take in the three members of parliament for questioning during curfew hours as they will not be able to have any legal representation. From what I have heard is that they are targeting people and members of parliament that have made a statement against the iTaukei Land Trust Act. The officers will not be able to press any charges on the three members of parliament as they have not broken any laws while voicing their concern on the Bill.”
National Federation Party vice-president Lenora Qereqeretabua to Fijilive News
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'This [2006 Bainimarama] COUP is different [to Sitiveni Rabuka and George Speight's coups] because the Qarase Government was so awful...Fiji could not have survived another five years.'
FLP leader Mahendra Chaudhry to former US Ambassador to Fiji, LARRY DINGER, when he rushed to become Bainimarama's Interim Finance Minister. Fijileaks: COUPS breed DICTATORSHIP

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Four Members of Parliament have been taken in for questioning by police this afternoon. They are National Federation Party Leader, Professor Biman Prasad, NFP MP, Pio Tikoduadua, Social Democratic Liberal Party MPs Lynda Tabuya and Adi Litia Qionibaravi. The three are being questioned at the Police CID Headquarters in Suva.

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REST IN PEACE, RUSSELL HUNTER. He was abducted from his Suva home, tortured, and booted out of Fiji for revealing Mahendra Chaudhry's $2m. But Hunter, who has passed away, was a man with a HEART for Fiji

24/7/2021

 
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2016, London. FINALLY, after three decades of co-operation, we met in person for the first time over beer and his favourite fish and chips
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"Russell Hunter was an anti-Indian facist... His reporting in 1999 and 2000 clearly demostrates that... But he was deported in 2008.. MPC had his pound of flesh.... lol." 
Dr GANESH CHAND, February 2021, in leaked WhatsApp 'Private Group Chat'


"Sigh. It’s sad isn’t it? I was never anti-Indian as I’m sure my record shows. I was most definitely anti-corruption which was what brought me into conflict with Chaudhry.", Russell Hunter to Fijileaks Founding Editor-in-Chief

Fijileaks: The former FLP Cabinet Minister Dr Ganesh Chand was the key figure who had analysed Chaudhry's tax files for us and had also coined the term "DAAKU", referring to Chaudhry, that we deployed in our exchanges on 'Taxgate'. His colleague, the late ANAND SINGH (RIP), the former FLP Attorney-General guided us through the legal loopholes in our pursuit of Mahendra Chaudhry's millions. In the end, the two betrayed us - JUDAS!
Sadly, Russell Hunter did not live to read the accusations now being hurled by Mahendra Chaudhry, Aiyaz Khaiyum, and Frank Bainimarama at each other over our revelation of Chaudhry's $2million that he was hiding in Australia. In fairness to Frank Bainimarama, he never went for Fiji Sun nor for Russell Hunter after the December 2006 coup until Chaudhry became Interim Cabinet Minister

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"Rabuka? He's certainly a changed man - but still a racist at heart..." Russell Hunter, June 2021, always spoke his mind without fear or favour
Fijileaks: We will bring more on his life and work as a journalist in Fiji, including the inside story on how we brought "Daaku's" $2million that he was hiding in Australia into the public domain.  Russell Hunter's most recent collaboration was to try and bring the MASTER TORTURER SITIVENI QILIHO to JUSTICE in the United Kingdom. As we recently pointed out, unlike the late Hunter and Professor Brij Lal, Qiliho's Fijian victims inside Fiji suddenly ran away from our human rights lawyers, allowing this BRUTAL THUG to head back to Fiji with 'Diploma of Shame'

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Leone Cabenatabua
TO WHOM IT MAY CONCERN: Re Affidavit on SITIVENI QILIHO

RUSSELL DOUGLAS HUNTER

 
I was at my home in Ragg Avenue, Suva, on a Saturday evening in late January or early February in 2007.

At the time I was editor-in-chief of the Fiji Sun which had taken a strong editorial line against the Bainimarama coup of the previous December.


The editor of the Fiji Sun (Leone Cabenatabua) had published what I considered a frivolous but harmless article on Bainimarama in that day’s paper.

About 6.30pm I received a call on my cell phone from a Fijian male announcing himself as Major Sitiveni Qiliho, chief of staff of the army.

He wasted no time in demanding an apology for the above mentioned article which had been “lifted” from a New Zealand publication.

He said if I did not cause an apology to be published the next day he was “coming to get you”. He insisted that nothing short of a full apology on the front page would suffice and repeated (twice more) that he would be “coming to get you” at first light if that did not happen.

I had not met Major Qiliho but was aware of his reputation as a thuggish bully. I was aware of credible allegations that he had been involved in beatings and torture of critics of the regime. Throughout the period of the call I could hear the sounds of drinking and slurred voices in the background. I was not convinced of Qiliho’s sobriety. Nevertheless I was also aware that, even if he was in a condition to “come and get you at first light”, he would not arrive alone.

I then called the editor of the Fiji Sun who was very obviously in a state of fear. He had also been threatened with violence by Qiliho who he had passed on to me. The editor was in genuine fear for his safety and even his life.

I was not certain that Qiliho would harm me, a foreign citizen, but I shared the editor’s fears. As a Fiji citizen he was very much at the mercy of the military which by then had total control of the state and was the sole arbiter of all that it contained. Qiliho would certainly have carried out his threat against him.

I then called the editor of the Sunday Sun and authorised the apology for the next day’s issue.
 
Russell Douglas Hunter
​Brisbane, Australia
5/8/20 

Fijileaks: Since the Fiji Sun, and by association Cabenatabua, are stooges of the current FFP government, our human rights lawyers had decided not to approach Cabenatabua for an affidavit.


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And it was this Walter Mitty failed lawyer and interim Attorney-General and Minister for Justice (referred by us as TM -Taliban Mullah) who facilitated Russell Hunter's deportation out of Fiji. TM - Aiyaz Sayed Khaiyum - had gazetted a DECREE barring any challenge to Hunter's deportation out of Fiji. He was backed by CPS (referred by us as
the Cassava Patch Runner - Frank Bainimarama).

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"Everything he says is analysed 75million times because the A-G is seen as a smart KaiIndia". Bainimarama on Aiyaz Khaiyum. Fijileaks: No, this A-G is neither smart or a KaiIndia. He is a crook taking you for a big Fool.

23/7/2021

 
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"Never before has desperation been so dramatically etched on the face and in the voice of the Prime Minister as he bizarrely reads out a statement drafted for him by Qorvis and the AG defending the AG over his proposed changes to native title legislation. The tone is verging on panic as he accuses the AG's critics of racism when all they are doing is asking for proper consultation instead of the changes being railroaded through the parliament. By talking about anything other than Covid, the Prime Minister is desperately trying to deflect attention away from the mounting death toll and his government's woeful handling of the crisis. It is clearly starting to dawn on him that he doesn't have a snowflake's chance in hell of successfully fighting the next election and then handing over the reins of leadership to the AG. But never mind what happens next year. Judging from this performance, Frank Bainimarama needs to be careful he doesn't self combust." - Graham Davis, Grubsheet
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SODELPA Leader, Viliame Gavoka says their call for the Prime Minister to withdraw the bill to amend the iTaukei Land Trust Act has nothing to do with race or the Attorney General but about proper consultation and iTaukei land rights.

While responding to the Prime Minister’s comments, Gavoka says they are gathering signatures to table a petition on Monday, and they want the Prime Minister to remove the bill as it cannot be a consequential bill.

Gavoka says he cannot be termed an urban elite as he is from Nadroga, and lives in Sila, in the tikina of Cuvu.
​

He also says this is not a racist move or attack.
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JAIL THE MERCHANT OF DEATH: As 125 innocent FIJIANS DIE from Covid, we must put Aiyaz Khaiyum on trial for corporate manslaughter. He ordered Fiji Airways to lay special flight to bring him from Singapore

21/7/2021

 

STATE OF EMERGENCY IS MOST LOGICAL OPTION, NOW IN FIJI:
The Coupist Thugs (from RABUKA to Bainimarama) were quick to impose MARTIAL LAW in Fiji after committing TREASON and yet the FFP government, led by Aiyaz Khaiyum (not Frank Bainimarama) is refusing to declare a State of Emergency in Viti Levu or in the Central Division. Fiji is lucky (despite a despot in charge) because COVID is a global pandemic, the international community and Fiji's bilateral neighbours do not have to wait for an invite to fly in emergency and assistance or until a formal declaration of a state of emergency is promulgated by the Fiji government. Is Bainimarama so naive that he is incapable of discerning the true intentions of some in his Cabinet who might be twisting his arm against making such a declaration, though in reality, is the most logical option to take now. We suspect that some in the Cabinet are somewhat pertubed that such a declaration might also entail empowering or mandating the MINISTER responsbile for National DISMAC, INIA SERIRATU (whose DISMAC intrastructure remains a White Elephant to date) to drive and take over full responsibility for all national emergency services, including all financial disbursements and technical assistance programs and initiatives. We suppose that is simply unacceptable for the Minister of Everything and Merchant of Death - AIYAZ SAYED KHAIYUM

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Watch the shocking VIDEO below

NO DIGNITY FOR COVID DEAD

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