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Peter Foster reveals Bainimarama's role in "Operation Free Fiji" sting as he fights to have arrest warrant from 2006 set aside by Fiji Police Force

31/10/2013

8 Comments

 
Foster tells Victor Lal his side of story:

"Commander Frank Bainimarama was at this time the acting President, having only removed the Qarase government a week earlier. He asked me if I had thought about what Colonel Mara said and if I was prepared to assist him expose the corruption that was suffocating Fiji.

We spoke for about 10 minutes. He was very polite and had a gentle manner on the telephone. He was prepared to listen and fully understood my fears for my safety and the safety of my family if I became involved and was exposed.

It is hard to explain why, but something told me he was genuine. He was sincere in his desire to demonstrate to the world just how crooked the Qarase government had been. I knew it, he knew it, we just needed others to know it.

I decided to take one step and see how it panned out. In may respects I was motivated by my own self interest as I wanted to clear my name, and I wanted to know why [Mohammad Salamat] Ali had lied about me altering my work permit. To do that I needed to speak to Jale Baba.

The following day I arranged under the instructions and guidance of Fiji Military Intelligence to covertly video record Jale Baba who was still the high profile National Director and Campaign Manager of the deposed SDL party.

Video camera hidden in cabinet at far left

In my room at JJ's Hotel technicians from the military installed a video camera in a television cabinet, which they could monitor from the adjoining room. I invited Jale up to my room that evening to discuss the coup and get an update as to what was happening with Qarase and the ministers.

Jale arrived at about 9 p.m. after visiting with several former ministers of the government and speaking on the telephone with deposed Prime Minister Qarase.

We sat in front of the TV cabinet and I poured wine liberally and we ate leisurely from an elaborate cheese platter. Jale was very talkative and although exhausted from the events of the military takeover, seemed in no hurry to leave.

In more stunning revelations than I could ever hope for, he firstly admits that I was not responsible for falsifying the work permit, which was the offence with which I had been charged and granted bail.

Jale admitted his partner, Mohammad Salamat Ali, forged the criminal history without my knowledge and that Ali had told him to lie in a Police statement in an attempt to frame me. Jale would eventually sign an affidavit confirming that he lied and I was innocent of the allegations. (See copy of the alleged affidavit)

He was not apologetic. He was not in the least bit sorry for his actions. The fact that I could have gone to jail meant nothing to him. It was just business. Dirty business. That's the way the government did things. You were either with them, or against them. When I chose not to pay the kickbacks, I was against them, and the assistance and guidance I gave them during the election meant nothing.

"I could have gone to jail," I said.

"So what, we all could go to jail. Qarase, me, Navi, the bloody cabinet, we all could go to jail," he replied.

He then went on and said when speaking of the Qarase cabinet, "all of them are corrupt". When I asked about Qarase, he said, "He's the biggest crook of the lot."

He explained that is why they were chosen to be ministers, because they were corrupt. They were selected solely for their ability to be dishonest. After all, Navi was the Chairman of the SDL Candidate Selection Committee.

This was stunning evidence to obtain as this was the face of the government speaking, and it was all captured on video.

He was not only Prime Minister Qarase's right hand man, but he was his official spokesman, and was the national director of the party and the campaign manager. Next to Navi, and the Attorney General Bale, no one else was more influential or a bigger insider.

Later that evening Lieutenant Patti (Ereivati) and other military personnel sat in my room and watched the video be played back. It was dynamite. They knew that I was the key to getting all the evidence against Qarase and his cronies.

The following morning I spoke again to the Commander on the telephone. He congratulated me on capturing Jale Baba on DVD and thanked me for being involved. I said that I was prepared to continue to assist him, however I was on bail to the hotel and couldn't leave the premises. If I was to try and covertly tape up the other members of the former Qarase government I needed to be able to move around and meet them in their own environment.

He said to leave it to him and he would get back to me. That afternoon representatives of the military went and saw the Magistrate in chambers and advised him that they were going to take me into their custody. Operation Free Fiji was born and I was its main operative.

That evening I was escorted on the three hour drive from Suva back to my home at Denarau, near Nadi, by a mini van with six police officers and two carloads of soldiers. I was told that I would have eight armed soldiers protecting me 24/7. Lieutenant Patti became my Team Leader in this covert operation and the liaison between the Commander and me and would stay by my side for the next four weeks.

He positioned two heavily armed snipers outside my house day and night. I would be accompanied by soldiers every time I stepped outside the house.

Once home I was able to telephone Navi and tell him that my lawyer had my bail varied to allow me to return to Denarau. He was delighted and we agreed to meet the next day for lunch.

Hilton Hotel at Denarau


We chose the Hilton Hotel at Denarau for our luncheon.

Lieutenant Patti went and saw the manager of the hotel and arranged for his soldiers to dress in hotel security guard uniforms.

This in itself posed problems. The security guards were mostly Indians, and were of a tall slim build.

The Fijian soldiers were barrel chested with arms like coconut trunks. To see them try and squeeze into these tiny uniforms was one of the lighter moments of a very intense and stressful time.

Navi and I sat at the top left hand table near the pool. Two soldiers dressed as civilians were at the table nearest to us. Four others were disguised as hotel security.

Navi and I would spend the next five days together, having every lunch and dinner. I had a mini DVD camera sewn into a man handbag which I carried.

Lieutenant Patti created a panic signal in the event that Navi twigged that I was carrying a video recorder and microphone. If I was in trouble I was to accidentally knock the wine bottle over and hit the floor. That would be the signal for the soldiers to swing into action and take Navi down. I almost trembled every time I poured the wine, fearing I would accidentally drop it and cause all hell to break loose.

During those days we talked about everything. Navi is a massive drinker. Most probably an alcoholic. Lunch would turn into dinner and I would rarely get home before midnight. I would be up at 5 a.m. and start transcribing the tapes with two other military officers. At noon, I would meet Navi again and repeat the whole process.

Navi confirmed in these covertly video recordings that Prime Minister Qarase was deeply dishonest and corrupt, as were all his ministers. The election in 2001 was rigged against Dr Baba's New Labour Unity Party because they knew that a coalition would be formed with the Labour party to create government. Dr Baba had won his seat in Suva, Navi told me, but they had fixed the result against him.

Navi also confirmed that the 2006 elections were rigged with 10 seats targeted.

On the video recording, I act surprised at such a crude attempt to rort the electoral system.

"If I did it, I'd get 10 years prison," I said. "Why didn't anyone investigate it?"

Navi replied: "Because they're all into it - all of them".

I asked why the police didn't stop it. He replied it was the police who did it for them.

He also confirmed that Qarase had millions of dollars stashed in Australia and New Zealand bank accounts and with the Habib Bank in Pakistan.

His accusations of corruption included ministers from the Methodist church and the Great Council of Chiefs as well as virtually every minister in Qarase's government.

He explained that is why they were chosen by him in his capacity of chairman of the SDL candidate selection committee in the first place, because they were all corruptible.

Navi was dismissive of Qarase's ministers, as demonstrated by this extract from one transcript.

FOSTER Are there any of the ministers, if we put a company together with you involved, are there any one of them we can actually bring on board to give us credibility?

NAISORO I have more credibility than the whole bunch of them together. I never went through the same thing. These people are all unemployable.

FOSTER You think they are all finished?

NAISORO Finished.

When I asked if he (Naisoro) thought any of the deposed ministers were going to get into another government, he said: "I wouldn't use them, they are idiots, they are broke."

FOSTER Why?

NAISORO They are all broke, they will be headaches, they are imbeciles.

FOSTER So why did you make them ministers if they are imbeciles?

NAISORO Because they are imbeciles and you can control them.

FOSTER So you can control them so you make them ministers?

NAISORO Yes.

FOSTER Why?

NAISORO Because you can control them.

Most interestingly, Navi said the coup by the Commander was the best thing that could happen to Fiji. I asked why, and he explained, "He's an honest guy. Most men are too stupid to be corrupt, he's just too honest. He'll be good for Fiji, you need a cyclone to come along every so often and clear away the rubbish. This is it, cyclone Frank," he laughed.

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Peter Foster claiming to be in Bainimarama's Fiji
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What did Colonel Ului Mara say to Peter Foster?
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JJ Hotel: Fiji military technicians installed video camera in sting operation on Bainimarama's direction
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Jale Baba and Ali - heavily implicated by Foster
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Hilton Hotel Denarau
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Military's covert recording showing Navitalai Naisoro allegedly boasting about how they rigged the election. Peter Foster is audible.

Speaking of Qarase and the government, Navi said, "They went too far. Too greedy. Didn't care about the people. They stopped listening to what I was trying to tell them, they forgot who put them there. "

This was a staggering admission by a man who had been the power behind the throne for more than 20 years. Navi knew when the game was almost up.

After a few days Lieutenant Patti and I flew to Suva to meet the Commander to discuss face to face what I had obtained.


We arrived at his home about 2 p.m., just as five 4WD vehicles full of heavily armed soldiers pulled up. The commander was buried amongst them. He had travelled by road back from Nadi to Suva, having met his daughter at the airport after she flew in from New Zealand for Christmas. I counted more than 20 armed soldiers around him.

The Commander guided me into a very pleasant room which may have been a breakfast room. To my surprise, we were alone. No bodyguards followed us. It was just the commander and me sitting on a lounge chatting like old friends. I had been told he had allocated 15 minutes for our meeting. We would talk for closer to 45 minutes.

The Commander was the same, more of a kindly grandfather than a military man to be feared. He was keen to listen. I told him of what I had obtained from Navi and gave him a copy of the DVD and the transcript.

I said to him, "You were right all along. The world needs to know the truth. You have to get the message out so CNN, BBC, ABC, people all around the world know what you did was for the right reasons, that this was the coup Fiji needed to have."

The Commander asked me to suggest how we should release the information to the media. I told him that I had spoken to my friend, Matt Condon at the Brisbane Courier-Mail newspaper and he proposed that it should be released over several days, not all at once.


I said I should first go and see more former ministers, and if possible, Qarase himself. Then once I had covertly taped everyone possible, then he could release it. We agreed that New Years Day would be best.

The Commander said he had viewed the Jale Baba DVD recording which confirmed what I had stated to Police, that I was not guilty of falsifying my work permit or and that he I had been set - up by Mohammad Salamat Ali.

The Commander said that the military appointed Police Commissioner had agreed to ask the DPP for a nollie prosequi to be entered into, which effectively means I had no case to answer and the charges against me are withdrawn.

This never happened despite his promise. This is what I want resolved now."


Fijileaks Editor: We could not get comments from Jale Baba and others mentioned in Foster's account
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Regime turncoat Jale Baba "lied" to police about Foster and later retracted his statement

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8 Comments

They seek him here, they seek him there! Rogue international conman and Bainimarama coup conspirator Peter Foster claims he is now in Fiji while the regime says it has no record of his arrival into the country

28/10/2013

5 Comments

 
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Proof? ... Peter Foster reading Fijian newspaper The Sunday Times.
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Peter Foster supplied this image of himself with Fijian paraphernalia from the weekend.
Fugitive conman Peter Foster has provided a photograph he says proves he has fled Australian justice to Fiji.

The photograph shows Foster, who last week did not attend a Brisbane court where he was sentenced to 18 months jail over his involvement in weight loss scam Sensaslim, reading what appears to be Sunday’s edition of Fijian newspaper The Sunday Times.

‘‘Hope this photo is our [sic] some use to you,’’ Foster said in an email to Fairfax Media. ‘‘It is me reading the Fiji Sunday Times yesterday drinking kava.’’

In an interview with News Limited papers published on Sunday, Foster said he arrived in Fiji on Saturday after travelling on a fake passport.

Fiji’s Department of Immigration said it had no record of Foster entering the country.

‘‘Foster is wanted in Fiji for charges relating to obtaining a work permit using false documentation in 2006,’’ the department said in an emailed statement. ‘‘If he is in the country, he will be apprehended and these charges will be reactivated. If found guilty, Peter Foster faces [a] potential jail sentence.’’

While Australia and Fiji have an extradition treaty, Foster has reportedly said he will ask Fiji’s Prime Minister, Frank Bainimarama, for asylum.

Commodore Bainimarama seized power in a 2006 military coup but has promised to hold elections next year.

Foster promised to send ‘‘some background on my long term support for Commander [Bainimarama] in Fiji, and why I say he is good for Fiji and why it was the coup Fiji needed to have’’.

The Foster family have a long history in Fiji, where his mother Louise runs a foundation that according to its website ‘‘has built housing, paid for the education of underprivileged children, and for further education by way of a scholarship programmes to Universities and the Fiji School of Medicine’’.

As part of Foster’s involvement in Fiji politics he funded the 2001 election campaign of the New Labour Party.

In 2006, wearing only his underpants, he was arrested in Fiji on immigration fraud charges. He escaped to Vanuatu, where he was convicted of immigration offences and sentenced to two months jail, but allowed out after a few days.

On his website, fijitruth.org, Foster claims Commodore Bainimarama staged the coup ‘‘seeking to rid the country of corruption’’.

‘‘We believe that Commodore Frank Bainimarama is Fiji’s last hope,’’ the website states.

Foster was due to attend the Federal Court in Brisbane on Thursday for sentencing on contempt of court charges.

Late last month, Justice John Logan found Foster’s involvement with Sensaslim broke court orders made in 2005 banning him from involvement in the weight loss industry for five years. Source: Sydney Morning Herald
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Swimming to remain afloat from justice
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Peter Foster supplied this photo of himself with Fiji newspapers from the weekend.

Is Foster hiding in the Yasawas?

PictureKurikutogo
The Foster Foundation and EPELI KURIKUTOGO'S "SUCCESS STORY"

"I am 33 years of age and my mother was formerly of Yasawa-I-Rara in the Yasawa Islands.

I have known Mrs Louise Foster and her son Peter Foster, her daughter Jill and granddaughter  Arabella since November 2000.

I was Dux at my school and started my first year of study at the Fiji School of Medicine in Suva. Tragically, my father died unexpectedly and I had to leave my medical studies and return to work to provide financially for my mother and brothers and sisters.

When I met the Foster family I was working on the tourist cruise ship the Mystique Princess for  Blue Lagoon Cruises as a deck hand. I would work six weeks at a time before returning home to my mother and family for one week rest. Then I would start another six week shift away from home.

The pay was very poor, less than one dollar an hour when on duty.

Early one morning, about 5 a.m., I was hosing down the deck when I met a guest, Mrs Louise Foster. She was on the back deck having a cigarette and we started to talk. She asked me my life story and I told her. I think her interest was first raised because she could tell I was well spoken and had a high school education, which is rare amongst other men from the village working as deck hands.

Later that day she asked me to meet her son Peter Foster. They had spoken to the ships Captain and he confirmed what I had said was true. They then offered to assist me financially so that I could  return to the Fiji School of Medicine. I told them that I doubted they would be able to regain me a place as it was very hard to get into medicine and I just thought it was people making promises they would soon forget.

To my great surprise, Peter contacted Dr Tupeni Baba, the former Deputy Prime Minister of Fiji and a Professor at the University of the South Pacific. Peter arranged for me to go to Suva and meet Dr Tupeni Baba to seek his evaluation and assistance.

Within a matter of days, I was able to regain my position at the Fiji School of Medicine. Peter Foster  promised me that he would pay for me to complete my studies. This would include paying all of my tuition fees, accommodation, meals, clothing and also pay me a weekly allowance so that I could send money to my mother and family and also support myself so I could study fulltime.

Peter Foster did all that he promised and much more. He paid all the costs for several years so I could study fulltime and even bought me new clothes, a laptop computer, even a mobile telephone so I could be contacted by my mother if her health faulted. My allowance was deposited into my bank account every month and my tuition fees and accommodation were always paid on time. In fact, at one time he overpaid my tuition fees by over $3000, but instead of having the Fiji School of Medicine refund him the money he authorised them to give the money to me so I could help my mother and family.

I met my wife whilst I was at the Fiji School of Medicine. She is now a medical doctor and we have two children. There is no doubt that Peter Foster and his family changed not only my life for the better, but for my family and now my children.  My mother and I thank God every day for the kindness that the Foster’s have extended to us, never seeking anything in return. I just think it is something of a miracle."


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Peter Foster supplied this photo of himself with Fiji newspapers from the weekend..he says he is ``watching Fiji's TV One News last night holding both The Fiji Times and The Fiji Sun''.
5 Comments

As Tupeni Baba declares he is ready to lead SODELPA, his former New Labour Party financier and conman Peter Foster reportedly hiding in Fiji

27/10/2013

4 Comments

 
Notorious conman Peter Foster arrives in Fiji on false passport after going on the run from jail term - seeking protection visa from military dictator Frank Bainimarama
  • Peter Foster, 51, broke an order not to be involved in the slimming industry

  • He was jailed for three years in his absence after claiming he had date wrong

  • Runaway Foster admits travelling to Fiji in disguise using false passport

  • Former 'friend' of Tupeni Baba seeking protection in the Pacific Island 
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BABA raises hand to say he is ready to lead SODELPA. Peter Foster said he supported Baba in 2001 allegedly to a tune of $1million because he saw him as "Nelson Mandela" of South Pacific
PictureAsylum-seeker in Fiji?
NOTORIOUS fugitive conman Peter Foster, sentenced last week to three years' jail for contempt of court, has fled Australia.

In an audacious bid for freedom, Foster, 51, disguised and travelling on a false passport, arrived early on Saturday in Fiji, where he will seek a protection visa.

In an exclusive interview with The Sunday Mail, Foster refused to reveal how he made it out of the country. He said his escape had left him exhausted and "sick to the stomach".

"There is a sense of exhilaration," Foster said. "But I've left a beautiful home and a beautiful family now. I'm a stranger again. It's hard to celebrate. I know I should be happy but I'm not. I just feel incredible sadness."

Last Thursday Justice Logan in the Brisbane District Court sentenced Foster to three years' jail on two charges of contempt of court relating to his involvement in the scam diet spray Sensaslim.

Foster had been on the run since September 27 after Justice Logan found the self-proclaimed "international man of mischief" guilty of contempt.
Peter Foster said he had been planning his escape for six months.

Peter Foster said he had been planning his escape for six months.

Foster vowed to appear in court for sentencing last Thursday after he had put plans in place for the care of his elderly, ailing mother Louise should he be sent to prison.

In the end, Foster failed to show, and was sentenced to three years' jail in absentia.

Justice Logan said if Foster's mother died while he was incarcerated, he should be permitted to attend her funeral.

Foster indicated on Saturday that he had been planning a possible escape for six months.

Justice Logan's decision on Foster and the ACCC case against him took 12 months.

"If the judge had given me three months, which in itself is severe for a contempt charge, I probably would have served it," Foster said.

"There isn't a lawyer you could ring in Brisbane who wouldn't say the sentence was savage and wouldn't stand up on appeal.

"This is not about avoiding jail. This is bigger than me. It's about my mother. She will not spend the twilight days of her life in a nursing home. She will spend it being cared for by me and she will spend it with a cool sea breeze in her hair, in the shade of a coconut palm. Her therapy will be floating in a blue lagoon. I just know this place will be my mother's fountain of youth. This whole thing was a malicious prosecution because it was Peter Foster.

"The steps I put in place to leave were always a 'in case of emergency, break glass' situation. As it was this judge broke the glass for me when he handed down probably the highest sentence for contempt ever in this country and for one of the most insignificant contempts ever.

"As far as I'm concerned, Justice Logan can shove it up his jacksie."

Legal sources said Saturday Foster's sudden flight may have been permitted by a legal loophole left by court processes.

Justice Logan made his oral rulings late on Thursday which meant the formal orders and judgments may not have been written, signed and filed until either Friday or even Monday.

Sources said the documents had not been filed by Friday afternoon.

This left a minimum 24-hour window whereby there was no formal arrest warrant issued against Foster, given the warrant for his arrest stemming from his non-appearance at Justice Logan's judgment hearing in September had expired.

Foster is no stranger to Fiji. He spent the formative years of his childhood in the country and was prepared to settle there for good less than a decade ago when he was arrested and charged with money laundering and deported back to Australia.

Prior to that arrest, he had plans for property development and even toyed with the idea of building a luxury gated resort.

He was living at the Sheraton Fiji with his mother in a poolside apartment. During that time he also became heavily involved in Fijian politics.

Foster said Saturrday he was being looked after by friends.

He gave no details of his whereabouts only to say he was "safe" and "in the country", away from the tourist hotspots of Suva and Nadi.

He hoped to be reunited with his mother soon.

He said he had not slept for almost 48 hours and could not think straight.

He did, however, have enough energy to condemn those he considered his persecutors.

Foster said he was outraged not just at his sentence but the "insensitivity" of Justice Logan in mentioning that Foster could attend his mother's funeral if he was in prison.

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November 2006: Conman Foster nabbed by Fiji Police
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Family ties: Foster has previously told the court in a letter that he would give himself up once he knew that his mother, Lou Foster, could be cared for if he was in prison. The pair are pictured together with Fijian police officers in 2006
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Last Thursday Justice Logan in the Brisbane District Court sentenced Foster to three years' jail on two charges of contempt of court relating to his involvement in the scam diet spray Sensaslim.
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Peter Foster said he had been planning his escape for six months.

Birds of Feather On The Run from Law
"And then we have a chap called Frank Bainimarama who's come along and I believe for all the right reasons has removed a very corrupt, very dangerous government." - Peter Foster, 2009

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Foster said he hoped to have an audience this week with Frank Bainimarama to sort out an arrangement for permanent asylum.
"I won't discuss with you how I made it here. I have to get a few things settled … I did disguise myself to a certain degree but that's all I'm prepared to say. Fiji is my version of Ronnie Biggs' Brazil."
"If that doesn't illustrate this man's complete lack of compassion or insensitivity and his absence of humanity to believe that being able to attend a mother's funeral as opposed to being able to attend to her on a daily basis is a compromise, puts into question in my mind his mental capacity to judge anybody," Foster said.

"Is it any wonder that I decided enough is enough?

"I won't discuss with you how I made it here. I have to get a few things settled … I did disguise myself to a certain degree but that's all I'm prepared to say. Fiji is my version of Ronnie Biggs' Brazil."

Foster said he hoped to have an audience this week meet with Fiji leader Commodore Frank Bainimarama to sort out an arrangement for permanent asylum.

Foster's disappearing act is set to embarrass both Federal and State authorities who were charged with his capture.

His latest hijinks add yet another chapter to a life that now, more than ever, resembles the script of a Hollywood film. - The Sunday Mail, Australia
The Conman’s August Curse
"The convicted fraudster Peter Clarence Foster is not someone who inspires sympathy in Australia. It must be a refreshing change for Foster that, for once, he has found ‘FRIENDS’ in the aspiring Prime Minister Tupeni Baba and his colleagues in the New Labour Unity Party. What unites the professional con artist and his politician friends? His cavalier statement sums up his irrepressibility: ‘You give me a bucket of mud and I’d sell it.’ We hope and pray that he will not be delegated to ‘sell’ Fiji to tourists and investors around the world. Which leaves the question in the air: is August the curse for the conman? He fled from a British prison in August 1996. He was ordered to be extradited to Great Britain by the Australian Federal High Court on 3 August 2000. A year later, in the month of August, he was exposed as one of the financial backers of the New Labour Unity Party and its leader Tupeni Baba. The New Labour Party should seriously consult their political astrologers before the August election to exorcise the conman’s August curse.  And Sheraton Hotel should ensure to protect its own financial purse. It is, after all, the month of August in Fiji. "
VICTOR LAL, Fiji Times, 2001       

Victor Lal on The Rogue Conman Peter  Foster, 2001
4 Comments

"We were not resuscitating the Council of Chiefs which existed in previous constitutions where they were very much part of the structure of the State and appointed the President and had other functions"- Ghai

24/10/2013

24 Comments

 
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"In our case it was purely a civil society body. They can have it. They don’t need to have it. Just like any other group can form an association. And that provision about the Council of Chiefs appears in the chapter which is called clearly ā€˜Civil Society’. Because they want civil society to play a role in public affairs. That’s what democracy is about. And it was clearly a misrepresentation. They must know that the Council had none of the functions which were vested in it under previous constitutions. It’s not a public authority, it’s not mandatory, it has no jurisdiction. And to say that, ā€˜Oh, we have revived this and so on.’ Well it’s unfair."

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Sitting targets: They can become "foreigners"" in their own land

Professor Yash Ghai to Sean Dorney, Australian Network News:
"There is no constitutional security for indigenous owners over their LAND."
Talk about safe-guarding land, customary land! If you read the Constitution very carefully there is no safeguard! He didn’t have it in his first draft but he realised that people, a lot of indigenous people liked our draft because it protected more explicitly than any other previous document. Again, if we had time I could give you the whole history of how we reached that conclusion. Um, but then he pretends we didn’t do anything about indigenous rights but he had done that. Complete – the contrary is the case. Our’s was secured, safe-guarded. We discussed it with the leaders, we discussed it with the Land Board – the draft - and they were happy with it. And they were protected. But his thing! It’s sleight of hand. One article does indeed protect that. If you look at other articles they give the Government power to change that. So there is no constitutional security for indigenous owners, communities over their land.


Fijileaks publishes the unedited full version of the interview:

PictureSean Dorney & Yash Ghai
SEAN:

THE WORLD RENOWNED CONSTITUTIONAL EXPERT WHO CHAIRED THE COMMISSION THAT DREW UP THE DRAFT CONSTITUTION FOR FIJI THAT COMMODORE BAINIMARAMA REJECTED SAYS HE CAN’T SEE HOW THE ELECTORAL SYSTEM THE MILITARY REGIME IS ADOPTING WILL WORK. PROFESSOR YASH GHAI – IN THIS EXCLUSIVE INTERVIEW WITH OUR PACIFIC CORRESPONDENT, SEAN DORNEY - SAYS THE FINAL CONSTITUTION ADOPTED BY FIJI IS TERRIBLE AND THE WAY IT WAS ADOPTED WAS A BETRAYAL OF THE PEOPLE.

DORNEY: Yash Ghai, welcome to the program.

GHAI: Thanks very much.

DORNEY: Although it ended rather badly you must have been fairly pleased with the public reaction that you got to your Commission’s work in Fiji?

GHAI: Yes indeed. We were able to engage a very large proportion of the population in the process which meant basically they made presentations to us. But they also made an attempt to study the background to the process and the process itself. And we got a wide variety of views from the people which we tried as best as we could to reflect in the Draft Constitution we prepared.

DORNEY: It must have been a very disappointing end to it all then?

GHAI: Well, yes it is. But it’s the hazard of the modern constitution maker. This is not the only country where my draft has not been adopted. But in two countries at least – including my own Kenya – after much turmoil and much resistance by the establishment my draft was approved and almost forced on the Government by the international community. (Chuckles). So it’s not the end of the matter.

DORNEY: How much of the Draft Constitution do you think has finally made it into the one that they’ve brought down?

GHAI: Well, there’s a fair bit of it, you know, even the exact language. But it is cast in a broad framework where the true significance of what they have borrowed is not captured. For example, they have taken a fair bit from our Bill of Rights. But they have an over-arching sort of provision whereby it’d be very easy for Parliament to disregard a human right. Whereas in our case there was an article dealing with limitations and it makes it very hard for Parliament or the Government to derogate from a Right. They don’t have that protection. So, having copied chunks from us – and our Bill of Rights had been very warmly welcomed by many groups – they neglected those provisions because at any time they can be disregarded.

DORNEY: Yes, there seemed to be a very easy State of Emergency sort of powers ...

GHAI: Yes.

DORNEY: ... that obliterate a lot of those rights?

GHAI: Yes indeed. And the whole scheme of a Bill of Rights can come to nought if they declare an Emergency. And there are no safeguards that we had built into, into the scheme for declaring an Emergency – the role of the judiciary, good reason - so, so now they have a carte blanche basically to, to desupply or set aside the whole Bill of Rights.

DORNEY: One of the criticisms that I’ve heard of their Constitution is that there is a real concentration of power ...

GHAI: Yes.

DORNEY: ... in the hands of the Prime Minister and the Attorney General. Is that your reading of it?

GHAI: Oh, absolutely. Absolutely. In relation to the public service, in relation to Parliament, in relation to the judiciary the PM is, is sort of supreme we might say. On the judiciary, on the public Judicial Service Commission, on several other provisions the Prime Minister has only to consult the Attorney General. And then they can make a large number of decisions affecting a large number of people. And if this pair continue into the new, post new constitution era nothing is going to change. It seems like that.

DORNEY: There is also great concern about the independence of the judiciary?

GHAI: Yes.

DORNEY: If that right?

GHAI: Oh, I think so. The Chief Justice and the President of the Court of Appeal are directly appointed by the President, ah, by the Prime Minister in consultation with the Chief Justice, ah, with the Attorney General. And then the Judicial Services Commission which then makes decisions on other judicial appointments is appointed by the Prime Minister after consultation with the Attorney General. So this way they have really controlled ever, every avenue to appointment and so on. And the Judicial Service Commission which does have some role in the appointment of judges other than the two top, as well as their removal, are completely under the control of the Attorney General. No one can be appointed to the Judicial Service Commission except with the permission to the Attorney General. And he himself appoints two or three members directly.  

DORNEY: What about the election? Do provisions for the election seem to be all right?

GHAI: No, not really. One of the, what they called, non negotiable principles that must be reflected in the constitution talks of free and fair elections using the principle of proportionality – different from first past the post. Well, they have done that. They have completely ignored the provisions that the Commission made and we gave a lot of thought to it. We gave one of the world’s leading experts from Norway come to spend ten days with us helping think through the proportionality systems. They have completely disregarded that. I don’t think they understood those. And now they have made the entire country one constituency. And they have also said for a party to be, for its votes to be taken into account they must have secured five percent of the vote. Well, that’s a very high percentage in a country which is small and there are minorities. So, that, you know, this may have the effect, which would be not a bad thing, of encouraging the larger parties. But it does mean minorities are not in a position to negotiate. It will work against women because of another principle which is called the Open List System which means that the party will have a list of its candidates and if the party gets 30 percent they get one third of the list. But in an Open System is one where you can cross out the ordering of the party and change the order – which is a good thing, it gives people, the voters the power not to have to stuck to the list drawn by the party. But it also means that the ballot paper could be very long, huge! And how are they going to? I mean, somebody was working out the other day it will take about 15 minutes for each candidate, I mean each voter (laughs). And then, and then they can add other names too. They can put somebody down there who is not even on the list. Not only can they reorder the list but they can bring a new name and, ah, only one or two countries in the world have that and I’ve seen their ballot papers. I mean they are so – they’re formidable! (Laughs) And then, so, I don’t think it’s going to work! I know that people in Fiji are used to quite complex electoral systems but this one is going to be very hard to, to, to cope with for most people. So I think there are quite a number of problems with this electoral system.

DORNEY: One of the things that you suggested, I believe, was that there should be a Constituent Assembly to have a look at the Draft Constitution and approve it ...

GHAI: Yes.

DORNEY: ... Commodore Bainimarama did away with that?

GHAI: Yes he did away with that. It was in the Decree which dealt with the process and the, of making it, approving it, the voting system, eligibility to be on the Constituent Assembly and so on. And he just disregarded it. He said, ā€˜No! I’m not going to have this body!’ which would have represented women, would have represented minorities, churches, I mean a whole list of groups, business community, workers. He took all that away and, and, and said, ā€˜The whole country is the Constituent Assembly!’ which means there is no Constituent Assembly. And that, I think, was a great betrayal of the people because when the process started it was, it was stated in the Decree, that there would be a Constituent Assembly which would consider our Draft and make the final decisions. Well, now, the two of them have made the final decisions. This is no way to make a constitution pretending to be a democratic, participatory process.

DORNEY: Your recommendation that the Great Council of Chiefs be re-established as basically a Non Government Organisation ...

GHAI: Yes.

DORNEY: ... has been criticised as though you were trying to re-establish it in its previous ...

GHAI: (Laughs)

DORNEY: Did that annoy you, the fact that ...

GHAI: Yeah.

DORNEY: ... the criticism that came of that.

GHAI: Oh, yes. I was very upset because our provision was very clear. We were not resuscitating the Council of Chiefs which existed in previous constitutions where they were very much part of the structure of the State and appointed the President and had other functions. In our case it was purely a civil society body. They can have it. They don’t need to have it. Just like any other group can form an association. And that provision about the Council of Chiefs appears in the chapter which is called clearly ā€˜Civil Society’. Because they want civil society to play a role in public affairs. That’s what democracy is about. And it was clearly a misrepresentation. They must know that the Council had none of the functions which were vested in it under previous constitutions. It’s not a public authority, it’s not mandatory, it has no jurisdiction. And to say that, ā€˜Oh, we have revived this and so on.’ Well it’s unfair. And also for, for the record I can say that a very, very large number of people who spoke to us did say that they feel there should be some such body. Even among the non-indigenous people there were groups saying, ā€˜We think, we respect chiefs, they have played a positive role often in the community, broader community.’ And so we felt so many people had asked for it and we were committed to reflecting people’s views. You know, we had to use our professional judgement. This is why we didn’t put it under the ā€˜Structure of Government’ but just ā€˜Civil Society’.

DORNEY: It’s also going to be an exceptionally difficult constitution to change isn’t it?

GHAI: Yes. Yes, very, very difficult. There are two stages. One takes place within Parliament where I think it’s a 75 percent vote which is hard to muster in a parliamentary system. And the other one is that it goes to the people in a referendum where it’s 70, again 75 percent. Also at least half the population, or the voters, have to participate. Now in many, many countries a rule like that means that there is no referendum. People, often, people don’t show up so you don’t get 50 percent to come to the polls. And in this case there’s a double full problem. And, I suppose, the purpose is they don’t want change. They think they have fixed it which suits them. And, as you know, there is also a provision that all the, all the older Decrees which they’ve made over the seven years - and they’ll make more until elections – are supreme over the Constitution!

DORNEY: They can’t be challenged?

GHAI: They can’t be challenged. And that affects elections, that affects so many things – human rights included – and therefore there are much fewer controls over the government than would appear if you look only at the Constitution. But if you look at the Decrees you will find that there are hardly any controls on them. They can do what they want to.  And they’re very explicit that they want the Decrees to continue and cannot be challenged. Whereas we had suggested that every Decree should be reviewed for consistency with the Constitution and struck out if – and we identified about 15 Decrees which should immediately come to an end because they are so, so objectionable that they shouldn’t last a day longer once the Constitution came into effect. They ignored all that. So an ordinary reader will not really get a sense of how really terrible this Constitution is! Because it’s deliberate to keep many of the features of the old military system including a provision which make the military the supreme guardian of the people and of democracy. So I’m very unhappy with this government Bill, ah, Government Constitution.

DORNEY: Is the Media Decree one of those that you ...

GHAI: Yes.

DORNEY: ... suggested should be done away with.

GHAI: Yes the Media Decree was very much in the forefront. Decrees about trade unions is another. And many rights, democratic rights, rights of speech, of gatherings, of associations are all restricted by these Decrees. And even to meet – this was lifted, this rule for a short while, I insisted on it so people would come and talk to us – that has, that will continue. It means that if more than five or six people are going to get together even for a social occasion they need a permit from the police. Things like that! And those will remain regardless of the Bill of Rights and the Constitution.

DORNEY: Your Draft Constitution did propose some Immunity provisions, I think, didn’t it.

GHAI: Yeah.

DORNEY: But does this one go much, much further?

GHAI: Oh, yes. It goes much further in two or three respects. One, in the breadth of immunities given. You can see for what we might call treason, for overthrowing a Constitution, yeah, okay, no military will leave power without such a guarantee. But it covers all kinds of ordinary events which are not even, which are to do with personal relationships, civil contract kind of thing, are protected. A whole range. It’s astounding. And, secondly, this immunity will apply not only to acts which are performed up to the time that the Constitution is enacted but will continue into the future until at least after the next election. So they have a carte blanche. You know it’s one thing to say, ā€˜You did that. It was necessary.’ But now there can’t be any necessity for the range of acts for which they have secured immunity. And I was opposed from the very beginning. And I was told by the Attorney General and by the Prime Minister that they drafted the language of the immunity and if this was not there then you could be sure there would be no new constitution. I was trying to negotiate that and we started the process. Then he came with this statement. So we didn’t have any choice. But what we did do in responding to what people told us – our immunity, the immunity we gave, requires a prior oath by the people who seek its benefit to apologise for what they did, to say they would never, ever again do things like this, only then does the immunity come. I mean this was kind of, people were saying, ā€˜We are realistic. We don’t expect them to leave without some immunity. One, it was too broad. And, secondly, there was no contrition on their part. They are not saying, ā€˜We are sorry. It was not a good thing to do.’ And in a kind of way asking for forgiveness. And many, many people told us that, ā€˜If they apologise, if they show that they are sorry and acknowledge that they have broken somebody’s sacred rules, we will of course give them immunity.’ But they wanted some, some recognition on the part of these people that they did something wrong and they would never, ever again do something like that. Now it’s symbolic. It would have been easy for them to say that and get immunity. So that upset them. So at least we felt that even though we were forced into that immunity we did build in this rider which infuriated them as you can imagine.    

DORNEY: Well, Commodore Bainimarama doesn’t think he’s done anything wrong ...

GHAI: (Laughs)

DORNEY: ... in fact, he thinks he’s done everything right ...

GHAI: (Chuckles)

DORNEY: ... and that this is a great democratic constitution.

GHAI: (Laughs)

DORNEY: What do you think?

GHAI: Um, well, of course he’s wrong. (Laughs) And I think most dictators have a great capacity for self deception and he may be suffering from that or he’s very astute. I doubt if he has read the Constitution. He just repeats what his Attorney General tells him to say. And those are his words. He has made various statements about our Constitution which are inaccurate in his criticism. He has said many things in praise of their Constitution which are inaccurate. Talk about safe-guarding land, customary land! If you read the Constitution very carefully there is no safeguard! He didn’t have it in his first draft but he realised that people, a lot of indigenous people liked our draft because it protected more explicitly than any other previous document. Again, if we had time I could give you the whole history of how we reached that conclusion. Um, but then he pretends we didn’t do anything about indigenous rights but he had done that. Complete – the contrary is the case. Our’s was secured, safe-guarded. We discussed it with the leaders, we discussed it with the Land Board – the draft - and they were happy with it. And they were protected. But his thing! It’s sleight of hand. One article does indeed protect that. If you look at other articles they give the Government power to change that. So there is no constitutional security for indigenous owners, communities over their land.

DORNEY: Not a great Constitution for Fiji then?

GHAI: No, I’m afraid not. They deserve much better. I hope they will get that in due course.

DORNEY: Yash Ghai, thank you very much for speaking to us.
GHAI: Thank you.

"I think most dictators have a great capacity for self deception and he may be suffering from that. I doubt if he has read the Constitution - he just repeats what his Attorney General tells him to say, and those are his words." Professor Yash Ghai

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Cartoon source: Truth For Fiji website
24 Comments

"I think most dictators have a great capacity for self deception and he may be suffering from that. I doubt if he has read the Constitution - he just repeats what his Attorney General tells him to say, and those are his words." Professor Yash Ghai

23/10/2013

11 Comments

 

Ghai says clauses on immunity were included in his Draft Constitution because of pressure from Aiyaz Khaiyum and Frank Bainimarama

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The Yash Ghai interview video
An expert whose draft for Fiji's Constitution was scrapped by the interim government says he doubts interim Prime Minister Frank Bainimarama has read his government's replacement version.

In January, the Fijian government scrapped the draft constitution drawn up by an independent commission led by Professor Yash Ghai.

A replacement version was signed into law in September.

Professor Ghai has told Australia Network's Newsline program Commodore Bainimarama's comparisons between the commission's draft and the final product have been flawed.

"I think most dictators have a great capacity for self deception and he may be suffering from that," he said.

"I doubt if he has read the Constitution - he just repeats what his Attorney General tells him to say, and those are his words."

"He has made various statements about our Constitution which are inaccurate in his criticism [and] he has said many things in praise of their Constitution which are inaccurate."

The new document will replace the 1997 constitution that was set aside by the military regime four years ago.

It includes reforms to the electoral system, a clause on free speech and a Bill of Rights.

Professor Ghai says while parts of the final version borrow from his work, they are undermined by other alterations or omissions.

"For example, they have taken a fair bit from our Bill of Rights, but they have an over-arching sort of provision whereby it'd be very easy for Parliament to disregard a human right, whereas in our case there was an article dealing with limitations," he said.

"The whole scheme of a Bill of Rights can come to nought if they declare an emergency [and] there are no safeguards that we had built into the scheme for declaring an emergency.

"So now they have a carte blanche basically to, to de-supply or set aside the whole Bill of Rights."

Electoral system


Professor Ghai says he's also disappointed with the changes to the electoral system from the draft version.

Under the new system, individual regional constituencies have been abolished in favour of one national constituency - a change which the government says will force politicians to adopt a national focus.

Professor Ghai says the changes favour larger parties because they have to secure five per cent of the vote.

He says the use of an 'Open List' system - where the number of candidates elected for each party is based on the party's overall vote - also adds to the complexity.

"In an Open System...you can cross out the ordering of the party and change the order - which is a good thing, it gives people, the voters the power not to have to stick to the list drawn by the party," he said.

"Then they can add other names too - they can put somebody down there who is not even on the list.

"It means that the ballot paper could be very long, huge - I know that people in Fiji are used to quite complex electoral systems but this one is going to be very hard to cope with for most people."

Rights groups have raised concerns about the constitution's inclusion of a clause giving immunity to those behind the 2006 coup.

Professor Ghai says clauses on immunity were included in his draft because of pressure from the attorney-general and the prime minister.


He says the original version would have forced those seeking immunity to apologise.

"The immunity we gave, requires a prior oath by the people who seek its benefit to apologise for what they did, to say they would never, ever again do things like this, only then does the immunity come.

"Many, many people told us that: 'If they apologise, if they show that they are sorry and acknowledge that they have broken somebody's sacred rules, we will of course give them immunity'.

"But they wanted some recognition on the part of these people that they did something wrong and they would never, ever again do something like that."

Professor Ghai says there are also concerns with the difficulty in changing the constitution, and that several Decrees by the current government will remain in force after the elections.

He says he remains hopeful that Fiji may still be forced by pressure from the international community to adopt his version of the constitution. Source: Australia Network News

11 Comments

Ro Kepa and Ratu Naiqama: "Those individuals that disagree with native Fijian group rights should simply declare their choice, cut off their connection with their native groups and delete their names from their VKB"

21/10/2013

61 Comments

 
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Secretary, Niko Nawaikula, Fiji Native Tribe Congress responds to critics

"I don't normally reply on blogs because comments are faceless, very personal & without principled arguments, vulgar, not constructive and not inclusive. But, to answer Luveiviti query:

The argument put forward is that the statement by RTK &TC will infringe on the individual right of native Fijians. Not so.

Group right is not Individual right & there is a mile of difference.

Group right is about the identity of the group manifested in its unique language, cultural knowledge, custom & the need to maintain & protect it.

An individual acquires or is part of the group entitled to those rights by descent, by practice and by the individuals desire to identify with the group to speak its language and respect its culture & traditions. Self identification really.

But it remains always a matter of choice for the individual to be part of the group by respecting its culture & values. If the individual disagrees he has every right to, which must be respected. The term that was used for that was "tu galala" referring to those who opted out.

At the same time you are not part of the group as of right. You have to participate fulfilling your cultural obligation. It is the reason why there is a provision in the Native Lands act to delete names from VKB for that reason.

So what is the implication of the statement by RTK & TC ? They are simply restating the usual and obvious that being part of the group is a matter of choice. Except that those who choose not to should depart with dignity without dismantling the institutions and things sacrosanct that those who remain need.

Niko."

61 Comments

Fiji's lackey media commissars harangue journalists over PFF article

18/10/2013

5 Comments

 
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5 Comments

Fiji High Court disallows DPP's dubious $44,000 cost claims for two Hong Kong prosecutors Yang and Grossman in Chaudhry's tax case

17/10/2013

7 Comments

 
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AN application for costs by the DPP against Mahendra Pal Chaudhry was refused by the Suva High Court on Wednesday.  The claim was made as a result of an application by Chaudhry to adjourn the trial date initially fixed for 23-27 September 2013 because of unavailability of his senior counsel at the time due to illness.

Suva lawyer, Anand Singh appearing for Chaudhry, claimed that the DPP was claiming bogus costs amounting to $44,000.

The claims were for airfares ($14,200) for DPP’s Hong Kong lawyers, Elizabeth Yang and senior counsel Clive Grossman.  Also included were brief preparation costs ($30,000) as well as penalties said to be charged by a Suva hotel for bookings later cancelled.

Singh claimed none of these costs had actually been incurred – they were fake claims.

A breakdown showed the claims as follows:

1. Air tickets for Elizabeth Yang for travel Hong Kong/Sydney/Nadi/Hong Kong ($10,696)

Singh noted as follows:

a. The travel never took place so it’s not a legitimate claim.  This cost was never incurred.  A reservation was made but this was later cancelled on 16 September 2013.

b. The airfare claimed was too expensive.  The claim was for Hong Kong/Sydney/Nadi/Hong Kong when there were direct Hong Kong/Nadi flights three times a week services by Fiji Airways.  Why would she have to fly via Sydney?  The cost of business class airfare Hong Kong/Nadi is $4,700 compared to the claim $10,696 lodged by the DPP.  Economy class fare is even less at approximately $2,500.

c. The claim lodged was not supported by a receipt – the DPP had provided no evidence of this amount being paid.

2. Trial Preparation costs – $14,000 for Elizabeth Yang and $16,000 for Clive Grossman – Total $30,000, claimed in Fees for “Trial Preparation”.

Singh argued that claim had no legal basis for costs.  Trial preparation costs should be paid by the DPP who had contracted the services of Ms. Yang and  Grossman.  And in any case, no preparation work was done in Fiji.

3. Hotel Surcharge $820 – claimed in penalties charged by Holiday Inn for late cancellation of booking.

Singh said this was another questionable claim.  The hotel had levied no penalty or surcharge for cancellation.  In any case, there is no penalty charged if the cancellation is made 24 hours prior to arrival. The bookings were for 21-28 September 2013. The reservations were cancelled on 17 September 2013 – no costs were therefore incurred by way of penalties.

4. Travel costs HK$15,700 ($F3,500) – for Clive Grossman listed as “Difference in cost of tickets due to rerouting” travel.

The re-routing was from Honolulu, Hawaii. Singh asked why Grossman would need to travel to Honolulu to get to Fiji when there were three direct flights to Nadi from Hong Kong. 


Was Grossman going to Honolulu on some other business but claiming costs from the DPP? 

No evidence of payment of this amount was produced by DPP.

Grossman had allegedly asked that payments due to him (F$20,000) be made in Sterling and deposited in his personal bank account in the Channel Islands, which is a tax haven.

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Grossman and Yang: Travel expenses challenged
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Why duo didn't take direct flight from Hong Kong on Fiji Airways?
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Anand Singh with Chaudhry
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Holiday Inn: The hotel had levied no penalty or surcharge for cancellation - so $820 "bogus claim"
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Tax haven! Grossman allegedly wanted fees in sterling to be deposited in Channel Island bank account
Singh said it was most unusual and irregular for charges billed in Fiji and Hong Kong dollars to be converted to Sterling and paid in a country other than Hong Kong where Grossman’s practice was located.

Justice Paul Madigan disallowed the costs claimed saying that a proper case had not been made by the DPP.

7 Comments

Drops his wings: CEO Pichler says Fiji Airways has been too politically motivated and was run more like public serviceĀ  than commercial entity

17/10/2013

8 Comments

 
PicturePichler
New Fiji Airways managing director/chief executive Stefan Pichler will seek to extend the airline’s partnership with Qantas.This would be as part of a drive to introduce a more commercial mindset in the business, he told Travel Today in Australia.

Mr Pichler says the carrier has been too politically motivated and, as with other airlines, has been run more like a public service than a commercial entity.

Speaking to Travel Today in Sydney, Mr Pichler also said the carrier needs to create a brand that consumers can identify with.

He stressed the need for the destination to move away from a price-driven positioning. “We need to develop the brand and make sure people understand what Fiji Airways stands for,” he said. “If you close your eyes and think of a Big Mac, you know what you get. You think about IKEA you know you assemble furniture by yourself, so it’s very clear. “With Virgin, you know what you get but with Fiji Airways you don’t. It was a smart decision to rebrand the company, now we have to do the homework.”

Mr Pichler, who joined Fiji Airways after turning round the fortunes of Jazerra Airways, said Fiji needed to create a “high-end niche positioning” in a similar vein to New Zealand or Dubai. “You don’t want to compete on beaches, sun and sea as everyone has that,” he said. “If you compete on beaches, sun and sea you compete on discounts.

“There are a lot of things to do in Fiji. There is culture, the people, heritage, surfing. You have to position the product and base it on tailor-made holidays. “Images are not changed overnight but it is a realistic five-year goal.”

Qantas talks


Talks with Qantas have already started over extending its interline and codeshare partnership. Mr Pichler says there is a “willingness” at Qantas to explore further opportunities. Mr Pichler declined to comment on the tension between the carrier and Qantas, which owns 46 per cent of Fiji Airways.

He said Qantas’s shareholding was largely irrelevant to commercial agreements.“We have an interline and codeshare agreement and we both make pretty good money out of it,” he said. “Right now on a commercial level the co-operation between Qantas and ourselves is on good terms. That is what is important.”

Changing mindsets


The airline has been run too much like a public service, Mr Pichler continued, with not enough focus on commercial opportunities. “We will try to change the mindset and run it as a commercial entity,” he said. “I am a businessman. There is an understanding from the board that they want to run this as a commercial entity.They will let me get on with my job, so I won’t have any interference, and they understand that.”

Strong management team

Mr Pichler added that the airline has been run by consultants rather than by a strong management team. “That will change,” he said. “I believe in management who are accountable so we have to change that. Consultants are destructive I think, with the exception of where they have areas of expertise. “They stay a couple of months, drop you a PowerPoint presentation on your desk and disappear. There is no added value for the company.”

Mr Pichler said he wanted to employ more Fijians at the carrier. Meanwhile, the airline said it was on track to receive its third Airbus A330 in early November which will see the retirement of its ageing Boeing 747 later in the month.
– Travel Weekly


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Fiji Airways more like "a Bainimarama private airliner"
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8 Comments

International journalist body alarmed by regime's plan for media registration in lead-up to September 2014 general election

16/10/2013

7 Comments

 
The International Federation of Journalists (IFJ) joins with Pacific Freedom Forum (PFF), the regional media monitoring group, in being deeply concerned that requirements proposed by Fiji’s media authority for foreign media trainers, independent journalists and communications workers to register with the authority are a backward step at a time when all sections of the media should be encouraged to report freely in the lead-up to Fiji’s September 2014 general election.

The new chairman of the Media Industry Development Authority (MIDA), academic Ashwin Raj, announced on October 8 that MIDA was looking to extend the registration requirements applied to foreign media trainers and organisations. This media training includes issues such as media freedom, democracy, human rights and election reporting.

Raj had initially called for a more open dialogue among Fiji’s media about the the decree under which they work and he talked about helping the media promote a “culture of deep democracy”, including a rejection of self-censorship. But Raj also indicated there would be a wider interpretation of the authority’s powers, extending them to foreign media trainers, organisations that produce their own media and to freelance journalists working in Fiji. Raj said any person or organisations wanting to train or work with the local media must first seek approval from MIDA.

PFF chair Titi Gabi of Papua New Guinea said:

“We are always ready to engage with the Fijian media authority and welcome the call for honest dialogue, but the requirement to register for a whole new section of media workers could discourage the very thing Fiji’s media needs at the moment. The media in Fiji need all the training and moral support they can get as the country prepares for its first general election in eight years in September 2014 under a new Constitution,” Gabi said.

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PFF co-Chair Monica Miller of American Samoa said: “There is no need for another layer of scrutiny in what is already a tightly regulated media environment. While the requirement to register may seem logical for Fiji’s media authority, any extra step in this direction is one more limitation on freedom of expression in a country that is in democratic transition and needs as much openness as possible.

IFJ Asia-Pacific said: “The Media Industry Development Authority has a vital role to play at this important moment in Fiji’s history. The encouragement of open dialogue and the rejection of self-censorship are most welcome. But the suggestion of applying additional restraint on some sections of the media at the precise time when openness and transparency should be encouraged is wrong. We hope MIDA will reconsider its position.” 

Both the IFJ and the PFF are fully prepared to work with MIDA on developing a robust, ethical and free media in Fiji and would welcome the opportunity to discuss ways to cooperatively bring this about.

MIDA stresses it’s not restricting foreign journalists from coming to Fiji
 
The Media Industry Development Authority or MIDA has today stressed that it is not restricting any foreign journalists from coming to Fiji.

While reacting strongly to a statement from the Pacific Freedom Forum, Authority Director, Matai Akauola said the misleading statement is far from the truth.  Akauola said further steps are now being taken but they want the person based in Fiji to declare his interest as the Forum’s statement is misleading. The Pacific Freedom Forum Coordinator in Fiji said they will comment after they see the statement. Source: Fijivillage News

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