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DIWALI MESSAGES FROM FFP, FLP, SODELPA AND NFP all have similar ring: 'The triumph of knowledge over ignorance and good over evil'

28/10/2016

Fijileaks: A Happy Diwali to ALL

Diwali is a great and beautiful festival: Ro Kepa

Opposition Leader Ro Teimumu Kepa says that Diwali is a great and beautiful festival that celebrates the victory of good over evil.

Ro Teimumu says that this is something which is embraced by people everywhere, whatever their origins, beliefs or religion and it is truly a universal theme.

In her Diwali message, Ro Teimumu says that in Fiji the Hindu light of Diwali co-exists harmoniously with the light of Christianity and the radiance they spread serves to unite in a special way for our diverse nation.

She says recently the people of her Vanua accepted the descendants of those survivors of the Syria which was carrying indentured labourers from India on May 11th, 1884.

Ro Teimumu adds that now after the passing of the years, her own people and today’s descendants of the Syria have unified in a unique way which is through solemn ceremonies both groups reached out to each other to become one.

She says that those who came to Rewa in that direct line from the Syria are now forever part of the vanua of Noco and the greater vanua of Rewa.

Ro Teimumu says they are Kai Noco and Kai Rewa.- Source: Fijivillage News

A time for reflection

It is extremely pleasing to see that Hindu members of our Indo-Fijian community, who have made Fiji their home have maintained and continued their cultural and religious activities in a vibrant manner through Ramayan Mandalis and construction of temples.

This is most admirable as you are bequeathing a strong foundation of self-dignity and the virtues of respect and tolerance to future generations.

Deepavali or Diwali is the Festival of Lights. It is a time of rejoicing with family and friends. It is also a time for prayer and reflection. It is a time to remember the unfortunate, the sick, infirm and elderly.

The lighting of the traditional lamp, Diya, symbolizes the triumph of light over darkness, knowledge over ignorance and most importantly, truth over evil.

The light from the Diya re-commits all of us to bring light to any place facing darkness. Hindus are very resilient and draw strength from their faith and a sense of solidarity in times of adversity. It is a time to remember the unfortunate, the sick, infirm and elderly

The return of Lord Rama after 14 years in exile is a triumphant occasion. Lord Rama is the embodiment of truth, justice, righteousness, honesty, integrity and humility.

The virtues of Lord Rama and the significance of Diwali are extremely relevant in a multi-ethnic, multi-religious and multi-cultural country like Fiji.

We have a newly constituted Parliament for over two years now, which is the highest court of the land. Parliament must make decisions in the national interest. Narrow and sectarian interests must be discarded.

The high cost of living, the decline of the sugar industry, the devastating effects of Severe Tropical Cyclone Winston that has resulted in many thousands being homeless for the last 8 months, Cyclone victims forced to eat wild food suitable for animals, deteriorating public health system with shortage of basic medicine, rising unemployment, rising national debt levels, derogations in the Bill of Rights of the 2013 Constitution, regressive and draconian decrees, a regulated media and the deteriorating health system and medical services are fundamental problems that can only be resolved by a display of sound and sensible leadership.

To ignore these fundamental problems would be doing so at our own peril. In Fiji, calling everyone Fijians and saying they enjoy common and equal citizenry doesn’t guarantee fundamental freedoms like freedom of speech, freedom of association and freedom of the media. It does not guarantee job opportunities based on meritocracy, rendering common and equal citizenry meaningless.

These are the challenges we face as a community and as a nation, which unfortunately are not highlighted by the media. This reality may not be grasped by many of you simply because limitations in the Constitution and continuation of regressive Decrees that dilute provisions in the Bill of Rights, resulting in the inability of the media to disseminate such information.

As a party born out of the struggle for dignity and justice of all our people, the NFP will continue the struggle for the triumph of truth over evil, light over darkness and knowledge over ignorance so that our beloved nation once again becomes a beacon of hope and trust.

We wish the people of Fiji a blessed Deepavali.

Hon Professor Biman Prasad
NFP Leader

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CANE GROWERS FACE BLEAK DIWALI, NFP claims: [Cane growers] have been shortchanged following announcement of the final payment for the 2015 season, which they will receive this Friday (28th October)

27/10/2016

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October 27, 2016
MEDIA RELEASE

Cane growers grossly shortchanged

The country’s cane growers will have a bleak Diwali because they have been shortchanged following the announcement of the final payment for the 2015 season, which they will receive this Friday (28th October).

The total payment for 2015 season cane is only $71.86 per tonne inclusive of the $1.38 per tonne top up to the final cane payment of 72 cents to make it $2.10 per tonne. And without this top up, the payment would have been $70.48.

Over 70% of cane growers numbering over 9,000 will have received $4,029 as net income for the 2015 season minus the average cost of production of $45 per tonne. . This is almost $1,400 less than $5428.80 earned annually by a worker on the meagre minimum wage of $2.32 per hour.

The Fiji First Government, Fiji Sugar Corporation and other stakeholders in the industry who are controlled by Government are hoodwinking growers by claiming the total payment is much higher and around $76.66, are including the special payment of $4.80 in their claim.

The NFP points out that the total payment includes two special payments totaling $4.80. The first special payment of $2.80 was made on 9th November 2015 while the second special payment of $2 was made on 15th January 2016.

These special payments do not and should not form part of the total payout because cane growers have repaid $3.80 of the total amount of $4.80, with the remaining $1 to be deducted next year.

This is confirmed by the Prime Minister and Minister for Sugar in a written answer to my parliamentary question (71/2016). Cane Growers have already paid this amount in two deductions of $1.40 from the 2nd payment in December 2015 and $2.40 from the 4th payment in May.

The total price is therefore $71.86 per tonne inclusive of the $1.38 top up to the final payment. This is $9.14 less than $81 per tonne growers received for the 2014 season. This raises the question of how effective the former CEO of FSC Abdul Khan was in terms of marketing our sugar because he was solely responsible for this important task that previously was an industry effort inclusive of growers as the most important stakeholders.

Last year, Government through the Fiji Sugar Corporation topped up the 4th cane payment by almost $8 per tonne and the Attorney General is quoted as saying ”this was because of tremendous performance of FSC under its present management especially Executive Chairman Abdul Khan”. The AG said last May Government was committed to the welfare and prosperity of individual farmers.

Where has the Government’s commitment to the welfare and prosperity gone in 2016? Where has the delivery by Fiji First Government of real outcomes for farmers and their families disappeared, as proclaimed by the AG last May?

Has it disappeared because growers are overwhelmingly and vehemently opposed to the Reform of the Sugarcane Industry and Sugar Cane Growers Fund Amendment Bills?

Growers expected the Government to naturally top up the payment to ensure the total price was over $80 per tonne, given a similar action last year.

More importantly, growers expect direct assistance from government after devastation to their crops caused by TC Winston.

At a time when growers need assistance the most, government is ignoring their plight and the fact they will have a bleak Diwali.

Any government should not ignore the plight of growers because to do so is inhumane. That is why we repeat our call for Government to implement our proposal of allocating $50 million every year for the next three years, which will not only guarantee a minimum price of $90 per tonne but also boost the industry.

Authorised by: -

Honourable Professor Biman Prasad
NFP Leader

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LEARNING CURVE OR INTIMIDATING TACTIC: Police Commissioner drops into "Soko Trial" claiming 'being in a court room was a new experience' - YES, for he has been on the run from the law since 2006!

27/10/2016

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From Fijileaks Archives:

http://fijisun.com.fj/2016/10/26/police-commissioner-qiliho-attends-court-to-assess-police-investigations/

http://fijivillage.com/news/Violence-not-tolerated-in-Fiji---PM-25rk9s/

From Fijileaks Archive, 26 October 2015:

"[The student] was assaulted by headteacher [Sashi Kumar] today in school. Received 2 punches to scalp, then was hit with stick on back, and on left leg" - Sigatoka Hospital Medical Report, 13 October 2015; Fijileaks understands Kumar was also under investigation for alleged corruption

The Head Teacher of Naidovi Primary School in Sigatoka (Mr Sashi Kumar) is the principal assailant in the medical report. Kumar beat the Class 3 student in the school resulting in the student getting serious injuries on his leg and head. A police report and a medical report was done and the Education Ministry, surprisingly, has not SUSPENDED the head teacher from the school. To make it worse, they have settled the police case (which was lodged earlier) without considering the welfare of the Class 3 student, who not only has to face the Head Teacher KUMAR on a daily basis but is now paralyzed with FEAR during school hours and also whenever he runs into the student beater SASHI KUMAR. The Police and Education Minister Reddy have been accused of protecting Kumar and forced the student's family to settle the police case

TWO FACED SCHOOL HEAD: Head teacher Sashi Kumar with the Ambassador of Japan to Fiji, Yutaka Yoshizawa, exchanging grant contracts in 2011

Fijileaks: Let us see if DDP Pryde will lodge an official complaint against Qiliho's unexpected entrance into the court where his 'men' are on trial

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JUMPING TO DAD's DEFENCE! Whenever one tries to hold Chaudhry to account, FLP unleashes its hound dogs: 'Boring Victor. Latest regime sympathiser Victor Lal flogging a dead horse...over the old NFU funds'

27/10/2016

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And yet Rajendra Chaudhry never stops, using Fijileaks published documents, to remind his followers: "Remember the CRW soldiers murdered by Bainimarama. He has been running from the law for 16 years but we will get him and that is a promise."

Fijileaks: Victor Lal is not "a latest regime sympathiser"

REPETITIVE STANCE:
Here is what an NFU insider had told Victor Lal in April 2008: 'Anyway keep up the pressure. An old man at a rural grog session I had recently with some people said to me to maintain a relentless assault [about NFU funds] and not be concerned if you appear to be repetitive. That's the way he [Mahendra Chaudhry] himself used to do it.'

By Victor Lal
August 2007
The Fiji Sun

And it was to this bank account that many of us from around the world wholeheartedly responded, in the hope that the money would reach the victims. I had first raised the whereabouts of the Cyclone Ami funds in August 2006, and had sent Mr Chaudhry a list of questions, to which he is yet to reply.

The ICFI sent to me a detailed account of how much they had collected and distributed to the Cyclone Ami victims. The Congress had provided $300 cash each to ninety-four families to rebuild their homes and provided food parcels to 250 families immediately after the cyclone, it said.

Six members of the Governing Council of ICFI visited Fiji at their own expense and provided assistance. It must be stressed that ICFI’s contribution was independent of Mr Chaudhry and his NFU. GOPIO also confirmed sending its contributions to account number CA 155728.

A perusal of the bank statements relating to CA 155728 anonymously sent to me reveal that a total of $258,287 was deposited into the above account, and $237,196 withdrawn. The question that can be asked of Mr Chaudhry and the NFU, on behalf of the Cyclone Ami victims, is as follows: what was done with $237,196?

In 2003, there was also a deposit of $17,160, and a simultaneous withdrawal of $5,383. Again, if the money was intended for the Cyclone Ami victims why, it could be questioned, the whole sum was not distributed to them? Why was $12,000 not given out to the cyclone victims?

Similarly, for 2003 and 2004, there was a combined deposit of $85,860 and withdrawal of $60,880. Where did this sum end up, it could be asked? If one were to exclude the $5,383 withdrawn in 2003, where did $55,000 end up in 2004 from the account?

Also, has the Cyclone Ami account ever been audited or presented to a general meeting of the NFU? There seems to be no list of beneficiaries who benefited from the collections ever published to any NFU general meeting.

The widely variant sums withdrawn, according to the bank statements, suggest the absence of any method or criteria for distribution to Cyclone Ami victims, if any, at all. The statements also disclose foreign transactions. There are other large cash deposits and withdrawals, raising questions whether some of the sums had been used for other unrelated purposes.

The obvious question is with the Cyclone Ami victims largely rehabilitated shortly after 2003, then why this account no CA 155728 was not wound up? Why is the money still sitting in the bank? What were the money coming in and the payments being made for three to four years after Cyclone Ami in 2003?

The large and regular withdrawals from mid-2005 to mid 2006 seems to coincide during the 2006 general election? What were the monies used for during this period?

According to reliable bank sources, Mr Chaudhry is allegedly the sole signatory to the Cyclone Ami funds.
The above figures exclude all the donations given to the FLP cause in person by dozens of party well-wishers in Australia, NZ, Canada, US and the UK

After his release from captivity following the 2000 coup, Mr Chaudhry was presented donations totalling $82,394.88 in functions held in his honour as Prime Minister in Canada and the United States during his visit to these countries in September 2000.

The moneys were donated to enable the FLP to pay for legal costs in relation to its High Court challenge on the abrogation of the 1997 Constitution following the Speight coup.

Similarly, we had donated in hundreds to the Cyclone Ami Funds, and therefore have the right to ask questions, and obtain answers from Mr Chaudhry since it was in his name that account number CA155728 was set up in the Bank of Baroda in Suva.

From Fijileaks archive, 22 February 2016

Rajendra Chaudhry
1 hr · Auckland, New Zealand · 2016

What an ass!

Good to see the regime's mouthpiece attacking me over my Facebook posts re TC Winston.
Says I am enemy number one of the State! Utters swears on social media whilst holding the law and order chair in Parliament.
Such words from a political driftwood doesn't faze me one bit. I have dealt with and knocked out totally many more credible political opponents than this ass.
Doesn't this idiot realise that the regime he serves under is itself illegal and has no moral or legal basis?
Assneel's posting shows that my and that of others are doing serious damage to the regime - which is now wobbly and struggling to survive. Having plundered the State's finances and borrowed to the hilt the regime will not be able to make any real impact on the repairs required.
Assneel appears to let his emotion rather than logic address my postings on TC Winston and that is that the calamity is the wrath of God on a nation that has become to a large extent ungodly.
Such wrath of God are nothing new and the Bible and other religious scriptures aver to it in their writings. Perhaps Assneel may wish to do some reading on this.
Further Assneel needs to be reminded that his leader is a murderer, a treasonist and a thief who will one day face and the gallows for the offence of treason.
These are facts and no amount of emotional bullshit by Assneel can change such statements of fact.
And next time you post something about someone Assneel then give that person the right to respond. Don't be a bloody coward like your leader!
And it is not I who will rot in hell but your leader and that day is fast approaching boy.

http://www.fijileaks.com/home/bank-accounts-fiji-regime-sets-up-bank-accounts-for-you-to-donate-for-winston-victims-but-let-us-hope-there-will-be-transparency-of-money

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RO KEPA: 'I call on the CEO of FBC [Riyaz Sayed Khaiyum] to take responsibility and resign from his position and allow full and unimpeded investigation and all officials associated with program taken to account.'

26/10/2016

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STATEMENT 68
October 26th 2016

FIJI BROADCASTING COMMISSION CHIEF EXECUTIVE OFFICER AND BOARD MEMBERS MUST BE HELD ACCOUNTABLE FOR BREACHING SECTIONS 17 & 26 OF THE CONSTITUTION

The Minister for Justice and Attorney General, the Chairman of MIDA and the Police must immediately and jointly act, and bring to account, Riyaz Saiyad Khaiyum as the CEO of the entity and the Chairman and Board of FBC, responsible for this disgraceful and deliberate display of arrogance and hate.

Sec 17 (2) of the 2013 Constitution clearly states that there is no protection from (a) Propaganda for war; (b) incitement to violence or insurrection against this constitution; or (c) advocacy of hatred that (i) is based on any prohibited ground of discrimination listed or prescribed under section 26 and (ii) constitutes incitement to cause harm.

Sec 26 Right to equality and freedom from discrimination, states in (1) Every person is equal before the law and has the right to equal protection, treatment and benefit of the law. (3) A person must not be unfairly discriminated against directly or indirectly on the grounds of his or her

(a) Actual or supposed personal characteristics, or circumstances, including race, culture, ethnic or social origins, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy or
(b) Opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others.

The outrageous allegations against our indigenous people by FBC suggesting we are inferior because we spend too much time on sports, and are academically poor performers because we cannot read English and teachers are too drunk on yaqona.

This is in clear breach of Sec 26 and in particular the provisions I have outlined. Under the circumstances, Nemani Bainivalu’s official apology is of no consequence.

Three indigenous members of Parliament were expelled and TheFijiTimes Editor and its Executives charged for far less racist or inciteful comments than the FBC sponsored direct attack on our indigenous people’s race, culture, status and other values protected under Sec 26.

I call on the CEO of FBC to take responsibility and resign from his position and allow a full and unimpeded investigation to be carried out and all the officials associated with the program taken to account.

Authorised by Hon. Ro Teimumu Vuikaba Kepa
Leader of Opposition

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NO PARTY TIME FOR CHAUDHRY: The National Farmers Union again embroiled in money matters over Ba Festival; FLP leader and the NFU general secretary Mahendra Chaudhry yet to account for "old donations"

26/10/2016

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Fijileaks: We are no longer surprised with the behaviour of those who have their hands in the "till" - whether it is public money or raised through other means - taralalas, donations, festivals, fund-raisings: the list is very, very, very, long! Now, questions (and eye-brows) are being raised that some money from Ba Festival will go towards the running of the National Farmers Union. It reminds us of the famous Welsh singer Tom Jones song: "What's New Pussycat?" The answer, NOTHING. We are also acutely aware that a series of investigative revelations by VICTOR LAL in the Fiji Sun over FLP leader's finances and that of NFU, had not only led, in 2008, to the abduction, detention, torture and deportation of RUSSELL HUNTER, the then Publisher and Editor of Fiji Sun but HACKING had been introduced as a new tool to hide the stench of financial corruption in Fiji, and still continuing.

The recent HACKING of Fijileaks and Victor Lal's e-mails has the seeds in 2008, when those under scrutiny felt the urgent need to hack into Hunter and Lal's e-mail accounts to STOP THE INVESTIGATIONS. The then Bainimarama-Khaiyum-Chaudhry trio running the illegal post 2006 coup regime were heavily implicated in the HACKING but no one was brought to JUSTICE: "I have some juicy tips which may help the (FLP) Fiji Labour Party as a whole, especially things that Victor Lal is publishing. It is like early edition and you get info for tomorrow's paper today so you can act on it. Maybe I should send it to u or you can pass me Mahen’s email address" - Someone calling himself "[email protected]" to Chaudhry lackey Nikhil Singh, a former TV journalist.

These were PRIVATE e-mail exchanges between Hunter and Lal regarding Mahendra Chaudhry's tax files; the rest, as we say, is history. HACKING HAD NOW BECOME THE TOOL TO SUPPRESS TRUTH ABOUT STENCH OF CORRUPTION IN POST 2006 COUP FIJI. "fijimanfiji" was Fiji Sun's own in-house IT expert. The "snitch" was close to the then illegal Attorney-General and Justice Minister Khaiyum
http://mailman.aut.ac.nz/pipermail/pacific_media_watch_list/2008/000155.html.

NIKHIL SINGH: The man who had widely circulated the hacked e-mails between Russell Hunter and Victor Lal to local and international media within seconds after the plane, carrying deported Fiji Sun publisher Hunter, had taken off from Nadi airport in February 2008

From: Nikhil Singh <[email protected]>
Date: Feb 26, 2008 11:52 AM
Subject: Want to expose the truth?
To: [email protected],
[email protected], [email protected]

Russell and his mate Victor Lal had a "strategy"…………..
All about media freedom? If you need more evidence drop me an email.

Singh had also posted some of them on Fiji Times Forum in 2008:

Nikhil Singh of Australia says…
—– Original Message —–
From: Victor Lal
To: Russell Hunter
Sent: Saturday, February 02, 2008 9:10 PM
Subject: [Bulk] Re: Datt Piece – Use This One. Amazing! It could be a fishing exercise – we had planned the story for Monday – unless Leone said something – maybe not. What blogsite – so they are reading about themselves? There is fear and panic in their camp – who is going to be next? I have looked at some regular sites but couldnt find anything. We must not be deterred from our strategy – I will try and rush through the Coventry piece, maybe for Monday or Tuesday followed by Scott piece. Yes, you can delete the stuff for I have all the copies including hard evidence

Nikhil Singh of Australia says…
[email protected]> wrote:

Sorry too late. When the sevens team bombed out, Sami decided to bring
it forward. It’s page 1 tomorrow.

Here’s something more interesting. AD called me on my mobile about two hours ago saying daaku junior had seen on a blog that there was a story about him (AD) in tomorrow’s Sun. I told him there was a story on FIRCA that did not mention him. Are you aware of any such blog? I could find nothing. To be safe I’m going to permanently delete everything on DT etc in case the boot boys come here in the morning armed with a search warrant – or worse.

AD is Arvind Datt – FIRCA Board Member
Daaku Junior: Nickname for Rajendra Chaudhry for story purposes:

Victor Lal’s story on Arvind Datt was published in the Sunday Sun on 3 February 2008: FIRCA Official in Tax Scam

On 02/02/2008, Victor Lal wrote:

I will work on her affidavit which is 27 pages long - she had sent it to me while I was in Norway with an attachment from FT titled "Justice Shameem is wrong, Fatiaki says. She said her conscience was clear - surprisingly, I was reading DT's report on Fatiaki and he cites this article - where he says F lied he was on holiday so couldnt be interviewed, when the article said he made the affidavit on 13 Dec.

I have asked DT if she was involved in anyway with the investigation. I take it the Datt piece didnt come out today - I thought we should have the following plan - Datt piece, followed by Coventry piece (to indirectly warn that there are also leakers in the judiciary etc) followed by Scott piece (see attachment) - I have very cleverly not included his exchanges with DT and claims of threat, which could follow immediately - I will try and write it on Sunday - than I will work on Fatiaki Tribunal and Justice Elliot and the 1975 crisis and bang, the A-G angle and interference.

While awaiting more on daaku - that way we will be one step ahead - Justices Jitoko and Jiten (who no longer have tea with the other judges) are already with me, and now Gates, Naz and Bryne have sunk further into the trap by their own leaks - just a random thought

Fijileaks: The e-mail exchanges between Russell Hunter and Victor Lal had made the lead six o'clock news on Fiji TV, who blatantly distorted the context, and claimed that Victor Lal was planning a revolution within the judiciary. The Fiji Human Rights Commission, in a separate report on Hunter's expulsion, called for Lal's arrest, if and when, he landed in Fiji.

To this day, VICTOR LAL has refused to publicly disclose or explain the context in which those comments on the judges was made. Sadly, through his thirty plus years of exposing corruption etc, he has seen many of his contacts and 'comrades' go on to join different coupist regimes, advancing their careers and filling their wallets, sacrificing their principles; many actually no longer keep in touch: shame or guilt? A few who had joined forces in 2008 to hunt for Mahendra Chaudhry's two million dollars themselves succumbed to greed, power, and corruption.

From Fiji Sun, reproduced in Fijileaks:

http://www.fijileaks.com/home/frank-bainimarama-and-his-pms-winston-fund-will-be-revealed-one-day-flp-and-nfu-leader-mahendra-chaudhry-behaved-the-same-telling-us-that-he-was-not-obliged-to-account-for-the-2003-cyclone-ami-funds

Fiji's two Walter Mitty law enforcers, Aiyaz Khaiyum and his side-kick Christopher Pryde, the then Solicitor-General, demanded Hunter publish Khaiyum's response to one of Victor Lal's opinion piece which had compared the different treatments meted out to Chaudhry and the then Chief Justice Daniel Fatiaki. Basically, Khaiyum and Pryde defended Chaudhry, who was the then interim Finance Minister in 2008, over the $2million he was hiding in his Australian bank account:

What follows is a response by the Attorney-General and Minister for Justice, Electoral Reform, Public Enterprises and Anti-Corruption on the Article by Victor Lal in the Sun dated 11.2.08 entitled “Where is the Justice?”

"where is the Justice?"
Or rather "where are the facts?

Your article of 11 February 2008 by Victor Lal is meaningless, being based on a complete misapprehension of the role of the Tribunal appointed by the President to investigate the affairs of Chief Justice Fatiaki. The Tribunal has not been appointed to "prosecute "the Judge for tax evasion; it has been appointed to investigate alleged wrongdoings on his part (including tax irregularities) with an end to determine whether such wrongdoings might warrant his removal from office. Taxation malfeasance is but one part of the allegations and the issue to be resolved is whether such conduct is befitting of a person of the Chief Justice's position in society. Mr Lal's constant references to "the Report" , which he links to the Fatiaki investigation is both misleading and dishonest journalism. He claims his authorities to be (mysterious)"sources" and bases his "facts" on premises such as "it was hinted that.."

Mr Justice Fatiaki is not being "charged with willfully with intent to evade tax"(sic) (whatever Mr Lal means by that) and his position is therefore patently different to that of "an interim Cabinet Minister". To suggest otherwise and to use the Chief Justice as an example to push for proceedings against "the Minister" not only confuses the issues involved but lends credence to Mr Lal's own (perhaps unwise) claim that he is "politically motivated".

The timing of Mr Lal's article also raises a rather worrying issue. The Chief Justice's affairs are about to be aired before the Tribunal this coming Wednesday and to write in detail giving opinions on the issues borders on contempt of Court.

12 February 2008

Christopher Pryde
Solicitor-General

Dear Mr Pryde

I would be extremely grateful if you could issue a public retraction on behalf of the Attorney-General Mr Khaiyum for patently and falsely attributing to me comments, which I had not written in the Fiji Sun article.

At no point did I admit or confess that "I was politically motivated" against the interim Cabinet Minister who stands accused of tax evasion.

Thanks
Victor Lal

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FANCY A FLIGHT OUT OF FIJI FRANK? Chinese whispers claim Frank Bainimarama and Aiyaz Khaiyum cut a deal for Bainimarama to travel out of Fiji as Foreign Minister so Khaiyum could bask in glory as acting PM!

26/10/2016

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MONEY MILKING FOREIGN TRIPS: The maths behind Bainimarama also becoming Foreign Minister is that his allowance can total $3000. The minimum wage is $2.32. If someone worked 8 hours a day, it would take them 161 days to earn what Bainimarama is now earning in allowances in
a single night:

And Bainimarama Junior is not far behind...he allegedly keeps demanding money, claiming it is for 'personal needs':

We have drastically redacted the document

PAYGATE SCAM: Coming soon - how Khaiyum had handed his aunty to pay salaries of interim Cabinet Ministers, running into millions without any transparency and accountability until he held and "won" the election

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Why babies all over the world are now sleeping in boxes? Fijileaks has been asked to propagate this idea for Fiji - Burns Philp used it in 1970!

25/10/2016

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The Barakat Bundle includes clean birth kits, a mosquito net and a baby blanket

A health centre in Phoenix, USA, launched a baby box project earlier this year

Nearly three years ago, the [BBC] Magazine reported on the Finnish baby box - a starter kit of clothes, sheets and toys the state gives to expectant mothers. The story went viral and was read by 10 million people in 18 months. Now the box idea itself is spreading around the world.

It's a tradition that dates back to the 1930s. Every new mother, regardless of background or income, gets a baby box from the government. The box contains a stash of supplies - bibs, bodysuits, nappies, a sleeping bag, outdoor gear, bathing products - as well as a small mattress. Putting the mattress in the bottom of the box creates the baby's first bed.

It has been credited with helping Finland achieve one of the world's lowest infant mortality rates.
Read more: Why Finnish babies sleep in cardboard boxes

More publicity for the idea quickly followed when the Finnish government gave a baby box to the Duke and Duchess of Cambridge, who were then expecting their first child. Soon afterwards, three fathers in Finland set up a business to supply boxes to customers all over the world. Two women in the US did the same thing. There is now a similar business in the UK, and there may be others elsewhere.

It was such a simple idea, and apparently so effective, that health professionals and social entrepreneurs also wanted to put the box to the test, in some cases teaming up with one of these private suppliers.

Often the contents of the box or the way it is distributed are designed to address local problems, from preventing infection to getting the baby out of the parents' bed, where there may be a risk of suffocation. And in some cases one of the key goals is - as it was in Finland in the early days - to encourage expectant mothers to attend antenatal clinics.

Two South African entrepreneurs, Ernst Hertzog of Action Hero Ventures and marketing executive Frans de Villiers, concluded that a plastic box, that can be used as a bath rather than a bed, was more useful for South African mothers. But the main objective was to get mothers to antenatal classes, and a trial carried out by the Research on Socio-economic Policy Health Group at Stellenbosch University last year concluded that the Thula Baba Box, as it is known, encourages mothers to attend clinics at an earlier stage of pregnancy, and to attend more frequently. Among other things, this reduces the risk of an HIV-positive mother dying in childbirth, and reduces the risk of HIV being passed from the mother to the baby.

De Villiers and Hertzog are keen for the project to be rolled out across the Western Cape region, and hope that it may one day become a national programme. "We thought the Finnish box was an amazing example of design that changed a nation,'' says Hertzog. ''We hope that, given some tweaks, our product will have just as much of an impact.''

A doctoral student at Harvard University, Karima Ladhani, had a similar idea about adapting the Finnish box for use in South Asia. She developed the Barakat Bundle project (Barakat means "blessing" in some regional languages) which has now swung into operation at a rural hospital in Jagadiya, India.

The box includes a clean-birth kit to prevent infection during or soon after delivery and a mosquito net to protect babies against malaria.

"We wanted to provide low-cost life saving solutions to new mothers - specifically targeted to causes of preventable infant and maternal mortality," says Ladhani,

But it's not just in developing countries where infant mortality is a concern.
A pilot baby box project is being launched this month at Queen Charlotte's and Chelsea Hospital in London, in collaboration with the US company, Baby Box Co, which says the education component of its programmes is "crucial" to their success.

"We take it for granted people have money for a separate sleeping cot or Moses basket but that might not be the case," says Karen Joash, the consultant obstetrician and gynaecologist behind the plan.

She also thinks the box will enable mothers to keep the baby in the same room with them, because it is so easy to carry, "which is good for bonding," she says.

There are dozens of projects under way in US states, but the biggest will launch later this year in Fort Worth, Texas, when all four of the city's hospitals start handing out baby boxes in an attempt to bring down the high infant mortality rate of 7.1 per 1,000 births in 2013. This compared to 5.9 per 1,000 births in the US as a whole.
About 36,000 boxes are expected to be handed out over the next two years. Here a key objective is to encourage parents not to sleep alongside their babies, in the same bed.

"We realised the community wasn't aware infant mortality was a big problem here," says Dyann Daley, of Cook Children's Hospital System.

"Our goal is to provide a box for every live birth in the city and give babies a safe sleeping environment because that is critical to preventing suffocation deaths."

A health centre in Phoenix launched a baby box project earlier this year.

A baby box project is also about to get under way in Australia, in the state of Victoria, and the province of Alberta in Canada has been running a pilot project since October 2015.

Karen Benzies, a professor of nursing at the University of Calgary, says the original intention was to target vulnerable families, but they soon realised "the idea of vulnerability that most people have around low income doesn't necessarily hold true in Alberta". It's a province that has done well out of the oil and gas industry, but when men stay away working on oil rigs for weeks at a time, that creates a different kind of problem - as new mothers are left alone with a new baby.

"Our goal is to support first-time families transitioning from pregnancy to parenting," says Benzies.

A key element of this is mentoring. Every mother and father has to identify a mentor who agrees to be in contact - via phone or in person - about 20 times from when the mother is 32 weeks pregnant to six months after the birth.

"We find in Canada that family and friends see a problem, but don't want to, or are told not to, interfere," says Benzies. "And we wanted to change that." So far about 50 boxes have been distributed, with 1,500 more ready to go.

Another innovation in the Canadian boxes is a "crib-side assistance" booklet for fathers, to encourage them to bond with the child. Modelled on a car-repair manual it provides a do-it-yourself guide to burping ("You know how good it feels to burp sometimes?") underlines the importance of "fuel" (mother's milk) and explains how to "look under the hood" for those inevitable nappy problems, because "keeping your new model clean and comfortable is important".

The Finnish government says it is aware of the global interest in their baby boxes and often provides consultation to other countries. It now gives presentations at embassies around the world.

But not everyone is convinced the box is the best way forward.

Colin Pritchard, a professor at Bournemouth University who has studied child and infant mortality, says the box system makes some "theoretical sense", as it provides the baby with somewhere to sleep other than the parents' bed and could therefore reduce the number of deaths linked to suffocation.
But he believes the effect will be marginal. Alleviating poverty, stopping parents smoking, and improving education and antenatal care - all these things are more fundamental, he argues, in tackling the problem of infant mortality. Source: BBC Magazine

The Alberta box in Canada includes nappies, a thermometer, a teething toy and shampoo

Thula Baba Box , South Africa

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FFP: REGISTERING FijiFirst Party NAME was not Intellectual Property Theft. Now FFP government boasts of winning three trademark cases in China's IP courts to register FIJI PURE MAHOGANY, FIJI PURE and FPM

24/10/2016

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"As there are few cases relating to certification marks and GI's in China, judicial precedents and theory are still nascent, and no useful doctrine has been established. In the 2015 case summary published by the TRAB, only seven cases involve certification marks, including the three handled by King and Wood Mallesons. The court judgment in those three cases encompass some new ideas and practices that will provide guidance when applying to register certification marks."

By Yang Xiaoli (partner), Zhang Jiaqi (senior associate) and Kang Lifang (associate), King and Wood Mallesons

I. Case facts "FIJI PURE MAHOGANY" (No. 10437014), "FIJI PURE" (No. 10437015), and "FPM", as applicable to register three certification marks "On January 18, 2012, the government of the Republic of Fiji (the "Fijian Government " (No. 10437016) at the Trademark Office of China, all for "plantation grown mahogany timber" in Class 19.

(2) After examination, the Trademark Office refused registration of the three marks on the grounds that (1) the first two applied-for marks were devoid of distinctiveness; (2) the third mark was similar to the cited mark [PFM] (No. 6119374); and (3) the applicant, the Fijian Government, did not submit effective Rules for the Use of Certification Marks for all of the three applications. Dissatisfied with the decisions, the Fijian Government filed a review with the Trademark Review And Adjudication Board ( "TRAB"). Upon examination, the TRAB upheld the Trademark Office's decisions for the following reasons:

The marks were devoid of the distinctiveness necessary for a trademark.
The applicant did not submit any documents approving the geographic indications ( "GI") granted by the local government or competent authority of the region represented by the GI's.
The Rules for the Use of Geographical Indications submitted by the applicant did not provide detailed information on the professional personnel and testing equipment of the agency appointed by the applicant. Nor did the applicant submit any titles issued by a competent industry authority at provincial level or above To demonstrate the applicant's supervisory ability.
The applied-for mark "FPM" was similar to the cited mark "PFM" used on similar goods. The evidence presented by the applicant was insufficient to demonstrate that the applied-for mark had become distinctive through use cited by the cited mark and would not Be confused with the latter.
The applicant did not submit effective Rules for the Use of Certification Marks.

Disagreeing with all the above decisions, the Fijian Government incorporated administrative lawsuits before the Beijing IP Court. The Court supported all of the Fijian Government's claims and canceled TRAB's decisions. TRAB appealed against the first instance judgment to the Beijing Higher People's Court ( "BHPC" ), which upheld the judgment.

II. Issues of focus and main points of the court judgments: (1)Can an ordinary trademark or service mark be cited against a certification mark application? According to the Beijing IP Court and BHPC, a certification mark indicates the origin, raw material, method of manufacture, quality or any other features of goods or services, instead of their producers or suppliers. Hence, in principle, an ordinary trademark or service Where may not be cited against a certification mark application, and vice versa. There are exceptions, however, depending on whether a purported certification mark is viewed by the relevant public as such. Even though a registration is sought as a certification mark, a trademark Or a service mark may be cited to prevent it being registered as a certification mark if the public tend to view the applied-for mark as an ordinary trademark or a service mark so that it can be confused with a trademark or a service mark.

This is the case for the "FPM" mark. Both the Beijing IP Court and BHPC considered that "FPM" was a certification mark, but also a coined word that did not contain any geographical names. Given that the plaintiff had no evidence of its Being recognized through use of the public in China as a certification mark than an ordinary trademark, use of the "FPM" mark on goods identical with or similar to other goods covered by another mark may cause confusion. In this case, therefore, a Trademark may be used as a cited mark against it.

In addition, the above-mentioned determination of similarity of goods broke through the limit of the Classification of Similar Goods and Services. Specifically, under the Classification of Similar Goods and Services, the two types of goods covered by the opposing marks belong to the same Group in Class 19. Nonetheless, both the Beijing IP Court and BHPC insisted that they were not similar because they were substantially different in terms of functionality, use, manufacturing sector, distribution channel and target consumers.

(2) Distinctiveness requirement for certification marksIn the "FIJI PURE MAHOGANY" case, both the Beijing IP Court and BHPC held that a certification mark certifies the origin, raw material, method of manufacture of goods or performance of services, quality, or any other features of the goods or services in To the end, a certification mark generally includes the common name of the goods or services, origin, quality or other features. Therefore, the distinctiveness requirement (which is used, but is not used to identify their manufacturers, producers or suppliers. For an ordinary mark to fulfill its function does not apply to a certification mark. As the plaintiff had clearly indicated that the mark was to be registered as a certification mark when filing the application, Article 11 of the 2001 Trademark Law is not applicable Whether the applied-for mark has distinctive features.

(3) Application of the basic requirement of administrative opennessIn the "FPM" case, TRAB rejected the application for registration of the mark on the grounds, among others, that the applicant did not submit effective Rules for the Use of Certification Marks. In this regard, both the Beijing IP Court and BHPC held That while the Rules for the Use of Certification Marks submitted by the applicant was not in compliance with the Measures for the Registration and Administration of Collective Marks and Certification Marks, this would not necessarily lead to the rejection of a certification mark application. It was different from an ordinary trademark application that would be rejected if it "lacked distinctive features" or might "cause adverse effects". According to the administrative openness requirement, when examining a trademark registration, the trademark authority must give the applicant detailed reasons for Any non-compliance, and allow the applicant to make revisions and corrections so as to protect its interests. In this case, however, TRAB did not indicate which rule (s) submitted by the Fijian Government was non-compliant for the use of certification Marks and any reasons either in the examination process or its decision. This led to the applicant's failing to revise or improve its rules in later procedures and went against the basic requirement of administrative openness.

(4) About the applicant's ability to oversee the particular quality of the goods covered by the certification markIn the "FIJI PURE" and "FIJI PURE MAHOGANY" cases, the TRAB rejected registration of the two marks on the ground that the applicant did not submit detailed information on the professional personnel and testing equipment of an appointed agency in the Rules for the Use Of Geographical Indications, nor did it submit any documents from a competent industry authority at provincial level or above to demonstrate that the applicant was able to oversee the special quality of the goods covered by the certification mark. Both the Beijing IP Court and BHPC held that TRAB's rejection of the applications for registering GI's as certification marks was without any factual or legal foundation for the following reasons:

First, information about the professional personnel and testing equipment is to show the applicant's ability to oversee the particular quality of the goods covered by the certification mark, but not the ability to ensure that the goods satisfy any national or industry standards. Moreover, the defendant Therefore, professional personnel and testing equipment were just formal requirements for applying for a certification mark. The quality standards of the goods were not in a position to conduct any specific examination of the specific standards that the professional personnel and testing equipment were expected to meet. To which a certification mark applies should be determined in the market by consumers.

Second, professional personnel and testing equipment must relate to the special quality of the goods covered by a certification mark. The particular nature of the goods covered by a GI as a certification mark is determined by the natural conditions, or the natural and human factors of The quality of goods being determined by differentiating require different professional personnel and testing equipment, thus should be treated differently. As the marks at issue were certification marks that Contained the geographical name "FIJI" for plantation grown mahogany timber, the particular quality of the goods covered by the said certification marks was mainly determined by the natural conditions of the place of origin. Unfortunately, the TRAB's decisions did not take this point into consideration.

Third, the documents furnished by the Fijian Government were sufficiently to demonstrate that the Fijian Government was able to control the unique quality of the goods covered by the certification marks.

III. Lessons learned from the cases and their ground-breaking significanceWe represented the Government of the Republic of Fiji, in the first and second instance trials of the three cases, all of which introduced many complex new issues. Certification mark applications are relatively rare, and those which are eventually brought to the courtroom are even rarer , Resulting in few precedents to follow, especially where the plaintiff is a national government. The whole process from preparing the initial litigation documents to deal with substantive issues in the final phase involving intensive research and discussion of key issues. These included:

1. as the plaintiff was a national government, the first issues were verification of the signatory's authority and proof of the existence of a government, especially as the Beijing IP Court was exacting with the filed documents. Rounds of discussions led to the realization that the Constitution of a country generally contains provisions on the establishment of a government and the duties of the head of government (the prime minister in these cases). A reading of the Fijian constitution confirmed this point. Finally a notarized copy of the Constitution of the Republic Of Fiji was submitted and accepted as proof of the establishment and valid existence of the Fijian Government and of the authorized representative's identity.

2. The Measures for the Registration and Administration of Collective Trademarks and Certification Marks do cover the materials required to apply for a certification mark or a geographical indication, but much still unclear in practice, especially when a foreign entity applies for a certification mark. , The Trademark Office and TRAB are silent about what documents are needed. Sometimes (as in this case) an application may be turned down in the final stage even after the applicant has already consulted with the Trademark Office and TRAB about the documents required and has We can not accept the applicant of any missing documents and how to make up for them. We also argued that the TRAB, following the principle of administrative openness, should have notified the applicant of any missing documents and how to make up for them. Advised the client to provide all the materials for a certification mark application as set forth in the Measures for the Registration and Administration of Collective Trademarks and Certification Marks, and gave detailed advice on evidencing them. The client managed to collect key evidence for the case. The courts accepted it and overturned the TRAB's decisions.

3. As to whether a certification mark must satisfy the distinctiveness requirement, we contended that a certification mark was used to certify the origin, raw material, method of manufacture, quality or any other features of the goods or services, Different producers or suppliers. Therefore, the distinctiveness required of an ordinary trademark did not apply to a certification mark. The courts were accepted this argument.

4. In the FPM case, although the goods covered by the applied-for mark and those covered by the cited mark belonged to the same group under the Classification of Similar Goods and Services, we persuaded the courts that they were not similar because of their differences between functionality, use, distribution channel, and manufacturing sector. The courts often find similar between two types of goods belong to different classes, but rarely do they deny similarity when goods or services are in the same subclass.

As there are few cases relating to certification marks and GI's in China, judicial precedents and theory are still nascent, and no useful doctrine has been established. In the 2015 case summary published by the TRAB, only seven cases involve certification marks, including the three handled by King and Wood Mallesons.

The court judgment in those three cases encompass some new ideas and practices that will provide guidance when applying to register certification marks.

http://www.fijileaks.com/home/gazette-proof-aiyaz-khaiyum-and-frank-bainimarama-stole-the-party-name-fiji-first-party-from-anit-singh-and-others

http://www.fijileaks.com/home/powering-into-the-name-fiji-pensioners-reveal-more-on-true-ownership-of-fiji-first-party-stolen-by-bainimarama-and-his-clique

http://www.fijileaks.com/home/listen-to-real-fiji-first-party-leader-anit-singhs-interview-as-he-explains-how-they-were-cheated-of-the-name-by-khaiyumbanimarama

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LOOKING BEYOND RACE AND CONFLICT: Fijileaks founding Editor-in-Chief VICTOR LAL with the President of Fiji Jioji Konrote in London

24/10/2016

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LOOKING BEYOND RACE AND CONFLICT: President Jioji Konrote and the First Lady Sarote with Victor Lal who was a personal guest of the President at a special farewell reception and dinner in London last week. The Fijileaks founding Editor-in-Chief Victor Lal presented the President and the First Lady a signed copy of his book. It turned out both are avid followers of Fijileaks

The Royal Encounters
2016: President Konrote and the First Lady meet the Queen at Buckingham Palace in London;
1982: Victor Lal and Her Majesty the Queen in Fiji

"Oh, so you beat me by 34 years", President Konrote joked with Victor Lal after meeting Her Majesty Queen Elizabeth 11 earlier in the afternoon before the dinner. Victor Lal (right photo) was then a young journalist on the original Fiji Sun in 1982. Behind Lal is his old journalist friend Dennis Rounds, then with the Fiji Broadcasting Commission

Queen Elizabeth House (QEH), Oxford University: Victor Lal spent many years holding various research fellowships at the International Development Centre at QEH, which had been granted a Royal Charter by the Queen. The former President Ratu Epeli Nailatikau is also its former alumni. He was at QEH's Oxford University Foreign Service Programme (FSP) which runs a set of courses and degree in diplomatic studies, for practising diplomats and other professionals. Victor Lal has acted as academic supervisor to many of the diplomats from Pacific Islands during their time at Oxford

Dr Butler (now Sir David) was Victor Lal's academic supervisor at Oxford in the 1980s. In 1969 Butler, now 92 and retired but still a good friend and mentor to Lal, had advised Ratu Sir Kamisese Mara on the formation of the multi-racial Alliance Party, and on party politics and constitutions in multi-ethnic societies in the British colonies. Victor Lal's late father was president of Alliance Party's Tailevu North branch, and his late uncle was the Alliance Mayor of Suva in the 1970s; he also stood twice, and naturally, lost to NFP's Deputy Leader the late Mrs Irene Jai Narayan in the Suva Indian Communal seat in the 1972 and 1977 general elections. For his services to Suva and Fiji, a street was named in his memory: RAJ MOTI LAL STREET at Raiwai, Suva. Meanwhile, in 2011, Butler was knighted by the Queen for his services to the study of elections, monarchy and the constitution.

http://www.telegraph.co.uk/news/general-election-2015/11511608/Meet-the-man-who-invented-the-Swingometer.html

Professor Sir David Butler in the garden of Nuffield College, Oxford, 1992

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Fijileaks: A Happy Diwali to ALL

From Fijileaks Archives:

From Fijileaks Archive, 26 October 2015:

Fijileaks: Let us see if DDP Pryde will lodge an official complaint against Qiliho's unexpected entrance into the court where his 'men' are on trial

And yet Rajendra Chaudhry never stops, using Fijileaks published documents, to remind his followers: "Remember the CRW soldiers murdered by Bainimarama. He has been running from the law for 16 years but we will get him and that is a promise."

Fijileaks: Victor Lal is not "a latest regime sympathiser"

From Fijileaks archive, 22 February 2016

NIKHIL SINGH: The man who had widely circulated the hacked e-mails between Russell Hunter and Victor Lal to local and international media within seconds after the plane, carrying deported Fiji Sun publisher Hunter, had taken off from Nadi airport in February 2008

From: Nikhil Singh <[email protected]>Date: Feb 26, 2008 11:52 AMSubject: Want to expose the truth?To: [email protected],[email protected], [email protected]Russell and his mate Victor Lal had a "strategy"…………..All about media freedom? If you need more evidence drop me an email.

From Fiji Sun, reproduced in Fijileaks:

MONEY MILKING FOREIGN TRIPS: The maths behind Bainimarama also becoming Foreign Minister is that his allowance can total $3000. The minimum wage is $2.32. If someone worked 8 hours a day, it would take them 161 days to earn what Bainimarama is now earning in allowances ina single night:

And Bainimarama Junior is not far behind...he allegedly keeps demanding money, claiming it is for 'personal needs':

PAYGATE SCAM: Coming soon - how Khaiyum had handed his aunty to pay salaries of interim Cabinet Ministers, running into millions without any transparency and accountability until he held and "won" the election

The Royal Encounters 2016: President Konrote and the First Lady meet the Queen at Buckingham Palace in London;1982: Victor Lal and Her Majesty the Queen in Fiji

Archives

From: Nikhil Singh <[email protected]>
Date: Feb 26, 2008 11:52 AM
Subject: Want to expose the truth?
To: [email protected],
[email protected], [email protected]

Russell and his mate Victor Lal had a "strategy"…………..
All about media freedom? If you need more evidence drop me an email.

MONEY MILKING FOREIGN TRIPS: The maths behind Bainimarama also becoming Foreign Minister is that his allowance can total $3000. The minimum wage is $2.32. If someone worked 8 hours a day, it would take them 161 days to earn what Bainimarama is now earning in allowances in
a single night:

The Royal Encounters
2016: President Konrote and the First Lady meet the Queen at Buckingham Palace in London;
1982: Victor Lal and Her Majesty the Queen in Fiji