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WAKE UP! Mahendra Chaudhry tells regime's President: It is time to include GCC in 2013 Constitution, call for fresh submissions from political parties on Electoral System, Immunity Clauses, Judiciary

31/12/2013

26th December 2013

YOUR EXCELLENCY RATU EPELI NAILATIKAU

The President of Fiji

Government House

Berkeley Crescent

SUVA

Your Excellency

Re: 2013 Constitution

I write on the above subject, wishing to raise certain concerns on the same as it relates to the 2013 Constitution. I note that in the current instant you hold executive authority pursuant to the purported abrogation of the 1997 Constitution.

The 2013 Constitution is a document that has been drafted without consultation with the people. That is the first and most important criticism that it has and continues to attract. A constitution must reflect the will of the people. The 2013 document does not do so.

The second issue that the Fiji Labour Party has with the 2013 Constitution is that it fails to acknowledge and include the role of the Bose Levu Vakaturaga (GCC). The GCC has had an important constitutional role in Fiji as reflected in all our previous constitutions, including the Ghai constitution and for good reason. Historically, the GCC has been the trustee and guardian of indigenous interests.

The GCC has been the representative body for the indigenous peoples since the Deed of Cession in 1874 and has played a myriad of roles to ensure that indigenous interests were protected. It has been an august body, which arrived at important decisions affecting the Fijian people, in particular, and the nation, in general, by way of deliberation and consensus.

The GCC has also been responsible for moving Fiji back to democratic rule after the political crisis of 1987 and 2000 and actively participated in the constitutional process under the Reeves Commission. It has thus acted both constitutionally and under its statutory provisions under the Fijian Affairs Act. It represents the views of the ordinary Fijians collectively and in accordance with the communal nature of Fijian decision making. Its removal from the political and constitutional role by the Bainimarama regime is thus an affront to the indigenous peoples. It will create instability as Fijians will feel insecure about matters that they hold dear to themselves individually and as a group. It may be apposite in this instance to quote Ratu Sir Lala Sukuna on the role of the chiefs in Fiji, and whose words hold much reverence in the Fiji of today:

“We are the High Chiefs of these islands. We are the leaders of the people. On us is the duty of pointing out to them the right course. Bear this in mind. We have to lead on two points- hold back those who advocate radical changes (for which we are not sufficiently educated) and enliven the laggards before their ignorance destroys us."

By its absence, the Fijian people will not have a representative body to represent their interests. Their absence will be a cause for concern given the current incursions by the Bainimarama regime into native land, mining of Namosi and Bua (in the face of considerable objections), issuing of offshore mining licenses and removing the independence and autonomy of provincial councils.

I ask that you reconsider the absence of the GCC in a constitutional context and include it in the 2013 Constitution, and for it to have a role, elected or appointed, or a mix of both in the next Parliament.

The third issue is the electoral system as proposed under the 2013 Constitution. The single member constituency will mean that electors will not have specifically defined constituencies. As such, the people will be neglected and politicians will only play to parts of the country where they have electoral support. This will mean that the outer regions and the interior parts of the main islands will continue to be neglected and will reinforce their claims of having been neglected.

I ask that you call for fresh submissions from political parties on the electoral system and to incorporate such views by way of relevant section/s in the 2013 Constitution.

Similar submissions must also be called and considered on the proposed immunity clause, amendments to the Constitution and appointment of judicial officers.

Your Excellency, the issues raised herein have caused considerable concern amongst the peoples of Fiji. It is my duty to raise it with you at this juncture given the deadline of 31st December 2013 when the 2013 Constitution is to come into force..

Yours faithfully

Mahendra Chaudhry

Secretary General

Laughing in the peoples face: Chaudhry calls on Nailatikau to wake up before Bainimarama destroys native Fijian culture, rights and identity in Fiji

The GCC Complex: The chiefs must have a voice on behalf of their people

The Voice From the Past: Ratu Sukuna's warning must be heeded, Chaudhry tells Nailatikau

Its time for strong arm-twisting: shaking hands with evil is ruining Fiji

Straight talking from Chaudhry

Signing away people's right: Nailatikau puts his signature to regime's 2013 Constitution

UFDF confronts the illegal Bainimarama-Khaiyum regime on various issues

(1) STATEMENT
The UFDF says Fiji’s 272 day journey towards re-establishing a truly transparent and accountable democracy will not be easy nor is it without risk, but achieving it can only come about with the full support of the people.

As we begin the first day of our 8th year under the repressive regime of Bainimarama, with yet more broken promises and lies from 2013 [ No Electoral Act, New Commander not named, No details of proposed Amendments to the 2013 Constitution] to add to the litany of lies of prior years that has become the hallmark of the Bainimarama regime, the UFDF reminds all the citizens of Fiji who long for a free, democratic and transparent society that with only 272 days remaining till the promised 2014 General Election is scheduled to be concluded, there is a need for everyone to ‘dig deep’ and muster the courage and determination to take ‘action’ in support of the UFDF’s efforts to regain our democracy.

The UFDF says despite all of the odds against the possibility of a lasting unity among the mainstream political parties and unions, given the differences that once separated them, the UFDF has remained a united and cohesive umbrella organization for the main opposition political parties and the relationship and cooperation between the group has never been better.

The UFDF says that while they are aware that many people are keen to know what plans the UFDF have for Fiji moving forward, they seek the people’s understanding that given the realities of Fiji’s current situation and the delays in the implementation by the Regime of some key elements of the election process that set out the rules of the conduct of elections such as the Electoral Act and appointment of the Supervisor of Elections ,the UFDF plans, although well advanced cannot be finalized without these important steps being in place.

The UFDF assures the people however, that its member groups are continuing with their preparations so that individually and collectively the UFDF will be ready when the time comes.

The UFDF says Fiji’s 272 day journey towards re-establishing a truly transparent and accountable democracy will not be easy nor is it without risk, but achieving it can only come about with the full participation of the people.

The UFDF acknowledges that the past 7 years of threats and intimidation on the people, has had its toll and that many citizens live in fear of being victimized by authorities if they express their support for the UFDF or the individual parties that make up the group.

For those who are fearful, the UFDF encourages them to look to the courageous people who were jailed and released for protesting at the signing of the constitution and the launching of the 2014 Budget and like these brave ‘patriots’ every registered voter must muster the courage within and stand up and face off with the usurpers of our democracy.

The UFDF says this journey back to a democratic society that we start today can’t be left to the politicians or the political parties alone to achieve for us, it is a journey that every eligible registered voter who rejects coups, treason, oppression and suppression must take because no one else will take this journey for us and neither should we expect them to.

The UFDF says when our future generations look back in judgment of our role in bringing this crisis to an end; we will through our actions this year encourage them to judge us with a sense of pride and gratitude for our collective effort and action in 2014 that brought about the restoration of Fiji’s democracy that they all enjoy.

A Happy and Democratic 2014 to all citizens of Fiji

(2) STATEMENT

The UFDF asks the Regime to tell the people of Fiji if it plans to make good on its promises of 2013 or will they too be added to the litany of lies of the prior 6 years and carried forward to 2014? The UFDF says there were many promises but some of the more important ones include for example:-

Ø Frank Bainimarama announced that he would step down as Commander of the Military by the end of the year

Ø He said he would announce his replacement?

Ø The Regime promised the release of the new Electoral Decree this year?

The UFDF also calls on the regime to release to the public the submissions for amendments to the constitution it has received and which of the recommendations received it is giving serious consideration to and what planned amendments are likely?

With less than 36 hours remaining for the end of 2013, the UFDF says a number of promises made by the regime regarding critical steps towards the promised 2014 elections have not occurred and the regime has remained largely silent on these matters? These promises include but not limited to:-

Ø Lie No 8: New Military Commander: Frank Bainimarama’s announcement that he would step down as Commander and announce his replacement by the end of the year?

The UFDF says the end of the year is 24 hours away, can the people expect Bainimarama to make good on his announcement that he will step down and name his replacement?

Ø Lie No 9: The Electoral Decree: Has been promised before the year end and tomorrow the year ends with no Electoral Decree in sight?

Ø Lie No 10: Constitutional Amendments: The Regime’s constitutional amendment window ends December 31st 2013, but the Regime remains silent on any recommendations it has received, who has sent them and what they are proposing as amendments?

The UFDF calls on the regime to release details of all submissions received and list all of the amendments proposed and to highlight which amendments it is considering for change and why?

The UFDF says the regime has gone to great lengths to give everyone the impression the constitution is the ‘people’s constitution; yet the secrecy surrounding the possible amendments to the 2013 constitution only serves as a reminder to the people that this is no more than ‘window dressing’ on the part of the regime and their real intent remains the exclusion of the people’s input and the inclusion of the amendments to ensure their prolonged illegal rule.

The UFDF says the lies of the regime have been many and as we approach the end of their 7th year rule it might be useful for people to be reminded of some of the lies that the regime has accumulated over the past 7 years that makes up the Litany of Lies that is the hallmark of the Bainimarama Regime.

Lie No. 1 – Salary: On 6 January 2007, Commodore Bainimarama in accepting the appointment of interim prime minister promised that he would continue to receive only one salary – that of RFMF Commander. Since 2010, it has been reported that the Prime Minister is receiving a super salary of $1million plus – paid not through the Treasury but reportedly through a private Suva accounting firm with close links to an aunt of the Attorney General. This has not been denied by the regime or Ms Nur Bano Ali despite it being reported widely in the public domain

Lie No 2. – Benefits: Bainimarama also declared that no one in the Army would benefit from the 2006 military intervention; however, we now find that top Army officials are holding executive positions in the civil service and receiving highly inflated annual salaries of approximately $¼ million. For example, Pio Tikoduadua, PS in the Prime Minister’s office and Francis Kean, PS Ministry of Works now get $221,894 a year, Lt Col Vaniqi gets $160,000 a year while the pays of Ministers Inia Seruiratu and Timoci Natuva in the Cabinet are being kept secret from the public as is the pay of other cabinet ministers. They have also been appointed to Boards of statutory bodies and government commercial companies thus double-dipping at the tax payers’ expense.

Lie No. 3 – Transparency & Accountability: In the same address to the nation, Bainimarama promised good governance based on transparency and accountability. However, his own salary, that of the Attorney General and the rest of Cabinet are paid secretly – no one knows what cabinet ministers are getting. Government financial reports and accounts and the Auditor General’s reports have not been published since 2008 after Bainimarama took over as Finance Minister. Government contracts and consultancies are being awarded without proper procedures being followed.

Lie No 4. – Elections: Bainimarama promised both the people of Fiji and the International community that elections would be held in March 2009; but then in April 2009, he abrogated the Constitution and said elections would not be held for another five years until 2014. We have yet to see if it will be held at all in 2014!

Lie No. 5- Constitution: Bainimarama initially promised to uphold the Constitution but had no hesitation abrogating it to save his own skin. He then promised a new constitution under a process that would be inclusive and participatory. But then, the draft constitution written by the Ghai Constitution Commission after widespread consultation with the people was trashed by Bainimarama as was the promised Constituent Assembly which was to debate the draft. He has now imposed the regime’s own constitution which is hardly democratic, provides unconditional immunity to perpetrators of coups and has been crafted to perpetuate the regime’s rule.

Lie No. 6 – Corruption: Bainimarama promised a “clean up campaign” in 2006 to wipe out corruption. The truth is that with a total lack of transparency and accountability from government, corruption is more entrenched now than ever before.

Lie No 7 - Sale of former Ministerial 4 wheel drive vehicles- Shortly after the Dec 5th 2006 coup the regime paraded the lineup of the SDL/FLP Government Minister’s Vehicles telling the people the purchase of these 4 x 4 wheel vehicles was a sign of the excesses of the Government. They vowed to sell them and use the money for the poor? 7 years on and the Bainimarama Regime has bought more top line 4 wheel drive vehicles than all the previous government’s combined. The people see the white tinted vehicles with flashing lights, breaking all the speed limits, parking in all the no parking areas. The regimes 2013 Budget allocation for ‘Vehicle Leasing’ is $30 million and they have added another $10 million for fuel and related matters? This excess is equal to building 2000 new low cost homes for the needy. No details of these excesses are known by the people because the Audited Accounts have not been made public for 6 years.

The UFDF agrees however that the Bainimarama Regime is consistent for one thing and due credit should be given which is the consistency with which they have been lying to the people. The past 7 years of the Bainimarama Dictatorship is littered with lies and broken promises.

The UFDF says the regime would do well to clean up its own backyard before pointing the finger at others and as the heat of elections draw closer Bainimarama will have to start answering to the people for his misdeeds and excesses as an ordinary aspiring candidate like the rest of us and cannot rely on the Military to bully his opponents with threats as he has done for the past 7 years because he will no longer be Commander [assuming of course that he keeps his promise] so as he sinks deeper into the arena of real politic where personal exchanges and fiery debates are the norm, he may well find he is way out of his depth.

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Tyranny on the run: 2013 was a year of change. Perhaps not the change of the tyrannical regime that many want and pray for but rather the change in the mindset of the people as they saw the deceit and lies of the illegal regime exposed

30/12/2013

5 Comments

Martin Luther King: "Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom. A man can't ride you unless your back is bent. It is time to stand up and to say that the regime is unlawful, oppressive and undemocratic."

Rajendra Chaudhry looks at some of these below:

1.    Trashing the Ghai constitution – this document was arrived at by input of the people nationally. It was rejected, Ghai was threatened and left Fiji fearing for his life. The regime then came up with its sham document and purported to consult people – an exercise in telling rather than listening to the people. This act early in 2013 was a harbinger of things to come.

2.    PWD workers decision – Judge Anjala Wati sat on a simple leave application for judicial review for 12 months and dismissed the application for reasons which were flimsy at best. For judges to take 12 months to rule on such a straightforward application raises serious questions about the competence of certain officers. It also shows a judiciary that is cowering in fear of the illegal regime and does not have the courage to show determination to rule independently on matters of law.

3.    PPRD – the illegal regime, in order to cling to power sought to make a decree to regulate political parties. Its draconian provisions would remove any independence and free will of political parties. It would make political parties subservient to the regime and parties could be suspended at any time. This was challenged in the High Court but Judge Anjala Wati ruled that the judiciary could not strike out parts of decrees which were oppressive. This decision was internationally condemned and severely embarrassed Wati, who fled to Labasa to hide in shame.

4.    Sugar industry – was again in the doldrums despite the spin by FSC. Sugar production is at an all time law and as the industry suffered Bainimarama was appointed Chair of the ISO and apart from hosting sugar leaders at plush hotels at taxpayers’ expense and giving prepared speeches did little else. Farmers continue to be burdened by high costs of production and unrepresented as an occupation group.

5.    Economy – an accurate assessment of economic performance is very difficult given the regime’s refusal to release figures and allow independent bodies to audit government accounts. Unemployment remains high at close to 10% and the cost of living has put many basic items out of the reach of ordinary citizens. A plethora of taxes keep being imposed on the people without discussion or support. The Commerce Commission has become a regime bunny and has consistently failed to perform its statutory duties.

6.    Vote buying – to win electoral support, the illegal regime has tried to address infrastructure issues in rural areas. What people of Fiji should have as of right i.e. water, electricity and roads, was made out to be a political issue with Bainimarama seeking to criticize past leaders (democratically elected leaders) quite unfairly. Many projects have been financed through expensive loans and for which no acquittals have been provided to date.

7.    Attacks on chiefs/ church – the people saw such attacks by Bainimarama on numerous occasions. Such unjustified attacks show a very scared man who seeks to blame the chiefs and the church to cover up for his acts of murder, theft and treason. The chiefs/ church have maintained a very dignified silence but are working privately through traditional channels to do the needful at the September 2014 elections.

8.    Torture of prisoners – the nation and the world was disgusted with the video of police and army officers beating captured prisoners. The beatings were horrific and some 5 months after the video aired there has been no arrest. Bainimarama has publicly sided with the regime law enforcement thugs. The Police mouthpiece Rusiate Tudravu, as usual waffles on this from one day to another. Bainimarama’s support for such law breakers shows his contempt for the law. This man cannot be trusted to up hold the law when he endorses such acts of brutality. For the first time the people of Fiji heard a regime leader condoning rather than criticizing such acts. It lent great support to charges of Bainimarama’s involvement and sanction of beatings and murder of the CRW soldiers in 2000.

9.    Media – the less said about the media the better. The media in Fiji has become pliant and subservient to the illegal regime. The Fiji Sun’s Maika and Jyoti and Fiji Village reporter Vijay Narayan are prime example of regime suckers, who are a shame to the profession of journalism.

10.    Salaries – the people saw an elusive regime when calls were made for disclosure of ministers’ salaries. This was seen as the height of hypocrisy from a regime which often has a habit of accusing others of being non transparent. The mega salary increases to senior civil servants showed a regime which held fiscal policy with contempt. Salaries of $160 – 220,000.00 cannot be justified by any stretch of the imagination and is an attempt to buy the loyalty of senior civil servants in the lead up to the polls. The salary increases to ordinary civil servants, police and military was clearly not enough given the high cost of living under seven years of the illegal regime.

11.    Harassment of businesses – FIRCA and FNPF, it their desire to raise revenue for the illegal regime’s irresponsible expenditure harasses and harangues hardworking businesses for advance taxes and levies and is trigger happy in effecting DPOs. Many businesses have since scaled down and a lot of smaller businesses have actually shut shop.

12.    Still playing the race card – Bainimarama’s address to the military corps a fortnight ago was boring and full of the usual rhetoric. Blaming chiefs and church, blaming politicians and blaming racial politics. None of these are or have been an issue. Soldiers were ordered to tow the regime line or to leave. Race has never been an issue and cannot be used to justify Bainimarama’s usurpation of power from a democratically elected government and of the murder of the CRW soldiers and civilians such as Verebasaga and Rabaka. This man must be held to account for these high and serious crimes.

13.    Driti – the Driti trial showed that the opinions of assessors are irrelevant under the illegal regime. Like Mac Patel, Driti was found not guilty by all 3 assessors only for such verdict to be overturned by judge Madigan on a matter relating to facts – something which assessors are tasked at determining. The trial of Driti confirmed what many had started to believe – that Khaiyum was leading the country astray and Bainimarama had strayed from the 2006 takeover principles. Ironically, the trial also debunked the myth that any soldier was protected by any immunity clause. Soldiers are understandably nervous and untrusting of Bainimarama.

14.    The BaiYum con-stitution – this heinous and arbitrary document was foisted on the people in September 2013. Gone was the recognition of the GCC and its role in nation building. Gone were the entrenched provisions as it related to native land. What had been included in this farcical document was an entrenched immunity provision for past, present and future acts of soldiers. The penny had finally dropped and the people woke up to the fact that Bainimarama and Khaiyum were in self preservation mode with the immunity clause. This sham document will become the supreme law of Fiji from tomorrow.

Many believe that there will be no elections come 2014. Bainimarama is in a real bind come 2014. He has to retire in April 2014 from the military, having reached retirement age. He has indicated an intention to form his own political party but many are rightly skeptical. However, his retirement from the military will place him on the same platform as any platform.

There is no guarantee that any new Commander RFMF will align himself to Bainimarama or the regime. It also goes without saying that Bainimarama has little if any political base or capital on his own. He will be, come April 2014, literally an Emperor without his (military) clothes.

So friends, 2013 has been a year of change. Critics may mock us but we have been and remain committed to change and to a free, fair and democratic Fiji. For it is better to have and to continue to try than not to have tried at all. As the great American civil rights leader Martin Luther King once said: "Change does not roll in on the wheels of inevitability, but comes through continuous struggle. And so we must straighten our backs and work for our freedom. A man can't ride you unless your back is bent. It is time to stand up and to say that the regime is unlawful, oppressive and undemocratic."

It has been a year of change in the minds of the people and most importantly, in the minds of the soldiers and others who believed in the 2006 cause. The die has been cast. Bainimarama’s end is nigh. Martin Luther King Jr famously said: “The arc of the moral universe is long, but it bends towards justice.” Bainimarama must be subjected to the rule of law in 2014 and is non negotiable.

2014 is a year of promise. It will be the year where Fiji will rid itself of tyranny and become a democratic and constitutional democracy. Let us continue to be part of the journey.

A happy and safe 2014 to everyone.

HE’S OUR PRICK

December 31, 2013

By MAIKA BOLATIKI

It’s no contest.
The Fiji Sun has chosen Prime Minister Commodore Voreqe Bainimarama as Fiji’s Person of the Year. And how could anyone else even be considered?
It follows a remarkable year of gains, successes and recognition for the PM at local, regional and international level.
This was without doubt the Year of our Prime Minister. It underscored all he is doing leading his Government in building a new and better Fiji. A Fiji where all are equal and governance is truly democratic.

LOCALLY
Locally one of Commodore Bainimarama’s highest priorities as Prime Minister was to ensure that the Government delivers services to its citizens efficiently, equitably, and enthusiastically.
Better transport (such as the roads), education, health services, and power and water supplies are amongst his priorities.
The long list of service delivery successes this year is truly helping build a better nation. Nowhere was this better illustrated than in the dramatic free education reforms. These are designed to give all our young people a chance to grow in a smarter Fiji.
Everything in fact the Prime Minister did was designed to be in best interests of Fijians and to give them a lift up in life.
He was same time very much a Prime Minister of the People, travelling constantly, especially in the rural areas, He met the people and listened to them and their concerns in his “talanoa” sessions. Then he made sure there was follow up.
Rural people – so long used and then neglected by politicians of the past – responded. Some called for Commodore Bainimarama to just stay in power and not hold elections in the year ahead.
But that is not going to happen. Those elections are something the Prime Minister is also determined to deliver in 2014 – as promised.
The Constitution is in place. Voter registration is a continuing success. Structures are steadily taking shape. Even the most diehard of doubters in the international community are now believing.

REGIONALLY
Regionally Fiji continued to take a major leadership role.
The Prime Minister’s leadership invigorated the Melanesian Spearhead Group. This is an emerging economic bloc the likes of which the region has never seen before.
The acclaimed Pacific Islands Development Forum (PIDF) was formed under his leadership. This is a body which is rapidly replacing the fading Pacific Islands Forum as the true meaningful regional body.

INTERNATIONALLY
Internationally the Prime Minister was elected chair of the G77 plus China group and gave Fiji an unprecedented stature on the world stage. To say Fiji punched above its weight is no cliché.
This was no better epitomised than when he was one of the first United Nations leaders to meet with the newly-elected President of Iran, Hassan Rouhani. And to have his photo taken with him.
Likewise, he was one of the first leaders invited to China to meet the new leadership there. Fiji-China relations continue to strengthen, and Fiji to benefit.
Then there was Commodore Bainimarama’s leadership of the International Sugar Organisation. There he spoke strongly from the heart for the cane growers – and against efforts by vested interests to politicise sugar.
He also put climate change and its impact on the Pacific Islands firmly on the agenda at the forums he chaired.
This has been a remarkable year for a remarkable leader. Fiji and Fijians are much the better for it.

5 Comments

PRESIDENTIAL PROPAGANDA ANNUAL ROAD HUMILIATION SHOW: "Bula Brig-General Pita. Put in a word for me when we change places"

30/12/2013

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Read Aiyaz Khaiyum's The Final Solution

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Political parties should form one grand coalition to fight election to end dictatorship - parties that refuse to join means they are hoping to form coalition with Bainimarama for Cabinet posts

20/12/2013

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Bainimarama to his foot soldiers: "If you do not like what the military is doing then there are two gates at the camp and you can walk out"; GCC is not coming back, and playing race card is dead in Fiji!

19/12/2013

19 Comments

Vijay Narayan

"The Prime Minister and Army Commander has told members of the RFMF that racial differences in the country must go out.

While speaking to about 1,200 soldiers at Queen Elizabeth Barracks during the RFMF’s Christmas Church Service, Commodore Bainimarama told the soldiers not to forget the racial differences in 2000, which was one of the darkest times in Fiji.

Commodore Bainimarama said that is why the military had to take over the government and make changes.

He told young soldiers and new recruits that they did not experience the difficult times they faced in 2000 when some soldiers were shot at QEB.

He said some former politicians and chiefs who were members of the Great Council of Chiefs used their chiefly status to call meetings and speak on racial differences.

Commodore Bainimarama said at one time the chiefs and former politicians met in Parliament and they were praising each other.

He said the chiefs mixed their positions with politics and that is why the Great Council of Chiefs was abolished.

Commodore Bainimarama stressed today that the GCC is not coming back although some politicians are still saying it should come back.

He told the soldiers not to be swayed easily by the former army officers who have resigned and are talking from outside opposing the military. The Army Commander said the soldiers should be strong and stay focused in the upcoming elections.

Commodore Bainimarama then sent out a clear message to the soldiers that if they do not like what the military is doing then there are two gates at the camp and they can walk out.

He also told them that when they first joined the Army, a tabua was not presented to them to work in the RFMF as they wanted the job.

Commodore Bainimarama also called on all the members of the RFMF to get a copy of the 2013 constitution and read it as it is written not only in English but in vernacular.

He highlighted that as Fiji is preparing for the 2014 General Elections, one very important non-negotiable in the Constitution is that racial differences must be abolished.

The soldiers had the church service and they then had morning tea." Source: Fijivillage News.

2000: Soldiers pitted against civilians and army defectors

Man of the Moment - George Speight

56 days in the crutches of "King George" and his captors - Mahendra Chaudhry, Fiji's first former Prime Minister of Indo-Fijian origin - Bainimarama wants none of similar repeat performance based on race

The Great Council of Chiefs is not coming back as long as Bainimarama is ruling Fiji and the RFMF stands behind him

Download his 2000 coup role

Bainimarama was part of George Speight's 2000 coup

19 Comments

UFDF CALLS on Post-Coup Ruler Bainimarama & Lt Col Suliano to name and shame the ‘PAST POLITICIANS THEY CALL LIARS & TROUBLE MAKERS" and provide evidence to back their claims!

19/12/2013

9 Comments

At his recent Christmas celebrations with the RFMF the Commander again claimed to have created a new path forward for Fiji but warned the military to be on guard against ‘past politicians who caused problems? But who are these faceless and nameless ‘past politicians’ he keeps referring to and what exactly is the problem they are being accused of causing?

The people need to know who these trouble makers are and more importantly what kind of trouble it is they are being blamed for causing? Since Independence, the only thing that has caused the greatest problems for Fiji and her people, are the 4 coups carried out by certain officers of the military command and possibly some ‘old political & self-serving individual collaborators’. Perhaps these are the people that the Commander regularly refers to.

When it comes to calculating the cost to the country and her people, there is enough evidence available that places this figure at approximately $10 billion dollars or more in lost economic activity, growth, employment and development and the individual loss to our citizens by way of their lives, jobs, homes and the accompanying ‘trauma and stress’ inflicted on them is a cost too high to be accurately measured.

If the PM is referring to politicians who ‘colluded with the military to over throw past elected governments? Then its time he named them and shamed them? And a good place to start would be his own cabinet.
Then there’s the standard veil threat once again from the military command and this time around coming from Lt Col Suliano who refers to the ‘threat caused by liars spreading lies’?

Christmas puppeteer Lt Col Suliano in full praise of self-appointed Prime Minister and Post-Coup ruler Frank Bainimarama

But what is the ‘threat?’ What are the lies? Who are the liars? Unless he can back up what he says with facts, then generalizing as he does amounts to nothing more than lies and rumor? The people have a right to know the TRUTH behind what he is claiming.

Fiji is supposed to be just 10 months away from returning to democratic governance and at this stage of proceedings the regime, indeed the Prime Minister, the Military Command as well as the Fiji Sun and other pro regime media organizations should be at least attempting to ‘walk their talk’ and start ‘practicing’ some of the democratic principles they claim credit for and espouse from time to time, but seem to still have great difficulty keeping in line with.

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SECRET CREDIT CARD SPREE: Bainimarama refuses to reveal details for dictator and family's half-a-million dollar splash on personal credit card belonging to Fiji's taxpayers

16/12/2013

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"For the love of money is a root of all kinds of evils...Thieves will not enter the kingdom of God"

The Bainimaramas are regularly spotted shopping in Harrods, the upmarket department store located in Knightsbridge, London. Even free-chow bodyguard Aseri Rokoua aka Shadow - "Aseri Nabete" - helps himself at Harrods on taxpayers premium credit card

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FIFTY YEARS IN FIJI POLITICS: The NFP as seen through the speech of Professor Biman Prasad at the party's 50th Anniversary Dinner in Nadi

12/12/2013

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Professor Prasad
keynote speaker

SPEECH AT THE 50TH ANNIVERSARY DINNER OF THE NATIONAL FEDERATION PARTY HELD AT THE SAN BRUNO HOTEL, NADI

7TH December, 2013

By Professor Biman Prasad
Guest Speaker

"The President of the National Federation Party, Mr. Raman Pratap Singh, Formers members of parliament, senators, mayors, town councillors, party stalwarts Mr. Attar Singh and Mr. Parmod Rae, party faithfuls, elders, supporters, well wishers ladies and gentlemen. I thank you for the invitation to speak at the party’s 50th Anniversary Dinner. I feel honoured and privileged to do so. I was born in this party as both my grandparents and parents were strong supporters of the National Federation Party and I feel humbled today to address you all on this occasion. I know we are not in normal political environment and if we were I am sure many more would have been present here today and many more would have been willing to speak today.

Fifty years ago Fiji witnessed the birth of now the oldest political party in the South Pacific region. The National Federation Party’s birth ladies and gentlemen was not an accident nor was it formed out of political expediency. Most countries in their history go through critical junctures and Fiji is no exception and political parties play important roles at those critical junctures. Today we hear calls about new politics, new politicians and new parties, some of course have jumped on the bandwagon and are conveniently ignoring history by suggesting that parties and leaders in the past lacked vision for Fiji. Fiji had been fortunate in a lot of sense to have leaders in the past who preferred dialogue and discussion to resolve critical issues including the peaceful independence of Fiji. The NFP was part of this dialogue and provided leadership at critical junctures. To move ahead as a country, we have to learn from history and understand our history. We owe it to our younger generation to do so.

NFP Motto: "One Country, One Nation, One People"

Those who deny these historical facts are naïve and living in denial. Fifty years ago, the National Federation Party started its struggle to create a just, free and fair society in our country for all our people irrespective of race, class or creed. The Party’s founding motto was “One Country, One Nation, One People”. The founding forebears should be saluted for their vision and foresight and their determination to achieve their goal despite the great odds stacked against them. Many of that early generation are now gone, but they are not forgotten. So the first duty for all of you today is to express your collective gratitude to those pioneers who founded and guided the National Federation Party. An occasion such as this is a time for reflection and stock taking, to see where the NFP has come from and where it is now heading. We are now at a critical juncture in our history again. The National Federation Party has survived the traumas and turbulence of the recent decades despite the great provocations and challenges it faced. This it did because of its inclusive vision for our country and all its peoples was the correct one and because we had leaders who chose the path of dialogue and consensus as the most appropriate, indeed the only, way to resolve our difficulties. That remains the Party’s unwavering commitment today and that is commendable.

Reaching out across the racial and political divide in 1970

The National Federation Party began as and has remained the common persons’ party. Many of you may have come to understand that the Party’s origins gained momentum in struggles of the cane farmers culminating in the sugar cane farmers’ strike of 1960, however the philosophical foundations for the quest for a just and fair society were laid over a longer period of time. The cane farmers’ struggles simply gave impetus to this. So it should be no surprise that the Federation of Cane Growers morphed into the Citizens Federation under which banner the NFP first contested the 1963 elections. In 1964, the party was formally registered as Federation Party. Although the Party was formalised as a political vehicle in the 1960s, the vision which guided its work was formulated decades before. As many of you will know, the central founding platform of the National Federation Party was Common Roll. That is, one person, one vote, one value. That cause to unite our nation of diverse cultures and creeds began in earnest in 1929 and continued throughout the ensuing years. I leave it to you to imagine what the future of our country would have been had that inclusive vision became a reality.

The National Federation Party can look back with pride and satisfaction on the great achievements of the Party. It is therefore important for party members to reflect on the most significant achievements of our country over the last fifty years and when you do that you will find that the contribution of the National Federation Party etched indelibly in all of them. Ladies and gentlemen, I would like to reflect on some of the key issues that the NFP advocated over the last several decades. Some were achieved and some are still being pursued.The independence struggle in Fiji was launched by the National Federation Party when there were many other leaders and political parties for whom independence was a distant goal. The NFP believed then as it believes now in a fair, democratic and non-racial Fiji. Its vision did not come to fruition, but it was not due to lack of trying on its part.

Ladies and gentlemen the NFP has often been better known as an opposition party. That label does an injustice to the party for it has never shirked its responsibilities and has readily participated in governance whenever it was in the national interest to do so.
At Her Majesty the Queen’s command the NFP willingly participated as an equal partner in the transition to responsible government and its Leader the late Mr A D Patel served as Member (Minister) for Social Services in the first ever multi party government in the 1960s.
It was during that period that the NFP through Mr Patel laid the foundations for social protection and institutions for economic and social progress that remain not only relevant today, but on whose back the nation is where it is today.

A D Patel

FNFP Bill: A. D. Patel's Legacy to Fiji

It was the late Mr A D Patel, as Member for Social Services, who sherpherded the Bill to create the Fiji National Provident Fund though the Legislative Council, despite opposition from some of our own people. Mr Patel had been advocating the provision of social security for the poorest sections of our community in the 1940s. Today, FNPF is seen as a landmark achievement and a major source of national savings, a national retirement fund, and finance for economic growth. Higher and secondary education was also close to the heart of the founding fathers of NFP. Mr Patel and his colleagues, including Swami Rudranandaji, were instrumental in starting Fiji’s first ever non-Christian, non-government secondary school, the Sri Vivekananda High School. Mr Patel had called for the establishment of a University College of the South Pacific way back in 1956. As Member for Social Services, he shepherded the Bill to establish the University of the South Pacific in 1968, again despite opposition by some of our own people.

The welfare of the sugar cane growers of Fiji was at the heart of NFP’s existence in the cane belt. There is no dispute therefore that the Denning Award was a signal achievement by the NFP for our farmers, saving many from certain ruin under the Eve Contract of 1961. Lord Denning is on record as saying that his award was deeply influenced by the powerful advocacy of the late Mr. A. D. Patel. Another issue of partiular concern to our people has been the land leasing arrangements. The historical record is clear. The NFP played a crucial role in the passage of the Agricultural Landlord and Tenant Act which brought a semblance of stability to the agricultural sector of our country. There was dissent then and there are detractors of the ALTA now, but no better solution is in sight. Let me go further and give you some more examples of what the NFP advocated in terms of policies and institutions that were designed to create a virtuous circle for developing more inclusive and economic and political institutions.

NFP led calls for Common Roll, Common Name

Ladies and gentlemen we now have in our country a ursurper regime, a military dictatorship in control. It appears to be in a hurry to impose what it claims as its own unique vision for Fiji. It is typical of such regimes to do what they do and to want to do so without the complexities of popular approval and accountability. If you examine carefully what the current regime is doing you cannot help but be amused to see that much of its so-called “non-negotiables”, etc, are in fact what the National Federation Party advocated for decades. Some in the present government claim credit for originating the concept of a common name for Fiji. If you read the historical record, the late A D Patel was advocating a common name for all Fiji citizens in the 1950s. In the debate on the Interpretation Bill in August 1967, he had said in the Legislative Council that all Fiji citizens should be called ‘Fijian’ and the indigenous Fijians, ‘Taukei.’ That was at a time when some of the present day leaders and many of us were toddlers. His proposal was opposed by the Colonial rulers as well as the Fijian elite including the Military. It was defeated by the forebears of some who are presently in power.

In its quest for inclusivity, the National Federation Party has always shown respect for Fijian cultural protocols and traditions. At its convention in Ba in June 1968, the NFP moved that Fiji be declared a Republic, with an elected Fijian Head of State. If that proposal had been accepted, we might not be in the mess we are in today.
The NFP wanted a free and democratic Fiji which respected the traditions of our indigenous people, not trample upon them. Mr Jai Ram Reddy while addressing the Great Council of Chiefs during the formulation of the 1997 Constitution echoed similar sentiments and called for a united dream and vision for Fiji. Mr. Reddy was right when he advocated dialogue and discussion to arrive at a framework for democratic governance.

A salutatory lesson can be learned from NFP's history - but will Bainimarama listen?

Jai Ram Reddy and Sitiveni Rabuka saw through the birth of the 1997 Constitution of Fiji

The finest display of political leadership, vision and dialogue was demonstrated by Mr. Reddy and Mr. Rabuka in formulating the 1997 Constitution.

The NFP mooted Proportional Representation in 1972

Additionally, while strongly condemning the 1990 Constitution he reiterated the fact that any structure devised without the consent of the people will fail. That is the clear lesson of history and no political party or regime can ignore that. It is being sung from the rooftops in Fiji today that the idea of Proportional Representation originated with those currently in power. That is plain wrong. It was the NFP which first mooted the idea in 1972 when its lead counsel, the distinguished British legal expert; Tom Kellock QC presented the NFP’s proposal for a PR system of voting to the Street Commission. The Commission recommended the concept, but sadly its report was not even tabled in Parliament. It was rejected by Ratu Mara’s Alliance Party who viewed it as a threat to their political hegemony. The truth is that a racial system of voting was not the idea of the NFP. It never was. It was forced upon the people by those in power for short term political gain. And we are all paying the price of their myopic vision.

The NFP championed ordinary i-Taukei and Womens' Rights and voting rights for 18 year-old in Fiji

Colonial propaganda, partisan political posturing by a native elite, and the machinations of an entrenched minority white community always portrayed the NFP as being against the interests of ordinary iTaukei. Yet, it was the NFP which provided free legal advice to the Viti Chamber of Commerce, which it helped set up. The late A D Patel argued in 1961 that the CSR, or its wholly owned local subsidiary the South Pacific Sugar Mills Limited be localized, with the industry jointly owned by the Taukei as landowners and Indian farmers as cane growers. What if that idea had come to fruition? The NFP argued in the Legislative Council that the gold mining industry in Fiji should be nationalised and run in the interests of the people of Fiji and not in the interests of a foreign multinational company. Much has been made of the proposal to reduce the voting age of Fiji citizens to 18 years. But this is not a new idea. National Federation Party had proposed this in the negotiations for independence. The Party had again tabled a motion for this in Parliament in 1977. In its submission to the Reeves Commission in 1995 NFP made this very same proposal again, which the Commission accepted and recommended. The recommendation was shot down by the crucial Joint Parliamentary Select Committee. It was said that at 18, Fijians (taukei) were still children, not fit for adult responsibilities. But now they have changed their tune. The records of those deliberations are a matter of public record. By the same token the NFP has always advocated for women’s interests in participation in our economic and political systems. NFP’s submission to the Reeves Commission demanded equal rights for women, including equal citizenship rights, and the Commission so recommended. The idea was not invented yesterday.

NFP's vision: Secular State

One of the cornerstones of NFP’s policies since its inception was a “secular state”. The Party always advocated complete separation of Church and State. It opposed the Sunday bans with all the power it could muster and it rejected the religious extremism and bigotry of sections of our own society. At the same time the NFP continued to be a multiracial party. It has had amongst its leadership many prominent Fijian Chiefs, military officers and individuals such as Ratu Mosese Tuisawau, Ratu Julian Tonganivalu, Captain Atunaisa Maitoga, Apisai Tora, Isikeli Nadalo, Koresi Matatolu (Deputy Leader) Temo Sukanaivalu, Tui Macuata Ratu Soso Katonivere, to name a few. Many general electors who had the courage to break ranks from narrow bigoted ethnic politics also joined NFP.

Stormy petrel Apisai Tora began political life with NFP

NFP stood for farmers and workers and opposed draconian decrees

The NFP always stood beside our farmers and workers in their struggle for better wages and working conditions. NFP has rightly opposed the draconian decrees which have sought to emasculate our rights of assembly and association enshrined in international conventions to which Fiji is a signatory. I believe the Party will and must continue that struggle for fair and just working conditions for our people. Ladies and gentlemen, I have given you only a brief history of some major principles and policies NFP has stood for throughout its existence. The NFP in my view has played a constructive role in the chequered history of Fiji. Fiji is today at another critical juncture. It is at a point where we need political parties and leaders who understand history and who can learn from history. If we read that history carefully, we will note that most of what the NFP’s leaders advocated was visionary. They always believed in the principles of inclusive and participatory democracy, the rule of law, and an independent and unfettered judiciary. It always believed in the supremacy of the ballot box as the most legitimate way to bring about change in our public life. It believed in the rule of law and in the supremacy of Parliament is the only legitimate expression of peoples’ will. In a democracy ultimately, it is the will
of the people which should reign supreme. All political parties must therefore reject violence and dictatorship as an instrument of public policy.

The NFP did it in the past and continued to do so after all the coups in Fiji and I have no doubt that it will do so in the future. Ladies and Gentlemen, 1987 changed the course of our history forever. Our country was plunged into darkness. There was chaos and distress all around. Many of our best and the brightest left for other shores. Many continue to leave today. Fear stalked our people and continues till today. The National Federation Party did not shirk its responsibility to the nation. Through patient dialogue and discussion, often in the most difficult of circumstances, the Party engaged with the leaders of other communities to forge a peaceful
path forward. All this history is known to you. The upshot of our effort was the passage of the 1997 Constitution. The rest is history. This history is important and the party must keep this in mind when it prepares for the General Election in 2014. NFP in the past has created space for dialogue and I know it has the capacity to create space for dialogue and discussion in the future. That would be the right approach. The NFP I believe will and should participate in any process which returns our country to full parliamentary democracy in accordance with internationally recognized principles and conventions of social, political and human rights. Let me say that, no individual leader, party or institution has a monopoly on the wisdom and vision for this country.

We need the collective wisdom of a wide cross section of society in this country to create a sustainable vision for the future. History shows that in many countries politicians, riding high on unearned power, seem to think that the world began with them. Many of them have misused that power to serve their own interest. As I said before we are now at critical juncture in our history again. What is required now is patience and statesmanship, a steady hand at the helm, to lead our beloved nation back to the fundamentals of true democracy – through democratic means, with the support of our people, and not against their will. Any solution imposed on the people without their consent will not succeed. That is the lesson of all history. That is why we need to go back to our people to ascertain their will and views to chart our future. Whatever way in which we interpret the events of the last 7 years, Fiji is a changed country. It is this change that we have to understand, interpret and analyse to move this country forward. Adversity and crisis, ladies and gentlemen, provides opportunities as well and I urge NFP to seek opportunity in the current situation.

Voters should take NFP forward in the 2014 General Election

The General Election to be held under the new Constitution provides us an opportunity to start the process of building this country once again. I reiterate the call that has already been made by various NGOs and political
parties including NFP that the government should ensure that it moves quickly on putting in place all the provisions for a conduct of a free and fair election. It cannot afford to waste any time on this anymore. The Constitution mandates that the election be held before September 30th and this means that effectively the government has only seven months until July 2014 to have everything ready. So far it has not made the necessary appointments nor has it come out clearly on the electoral regulations. It must do this as matter of urgency so that there is enough time for political parties to understand the provisions and for the people to be educated on the new electoral systems and how it will be conducted. Ladies and Gentlemen, all of you present here should feel proud to have been associated with a political party which has always stayed on its course of fundamental principles. It is the only party in Fiji which was not born out of political expediency and crisis of the coups. It is the only party which has never supported any coups in Fiji. This is no mean achievement. I urge all of you to take this Party forward and make it a force to reckon with in the next General Election.

Happy 50 Years: We must never forget glory days of NFP and challenges facing the party and Fiji

Ladies and Gentlemen, there is no denying that NFP has not been without problems, but it is a Party I believe that has the force of history behind it and that history suggests that it can look ahead with optimism and present itself as a credible political force in the next General Election. For this the Party will need good leadership at all levels and I know that the party is capable of producing those leaders. The next leader of NFP will have a tough task ahead to steer the party and its success. He or she will also have the burden of ensuring that the party continues in the tradition of some its great leaders such the late Mr. A D Patel, the late Mr. Siddiq Koya, Mr Jai Ram Reddy, Mr. Harish Sharma and the late Balwant Singh Rakha. They did not seek to promote personal agendas, and indeed how could they for the Party is founded on principles and a vision for Fiji. That is what distinguishes the NFP from other parties come and gone that evolved around a single issue or around a single leader. The end of the issue or the demise of the leader spelt the doom of the party. The National Federation Party remains as relevant today as it did when it was founded and will continue as such.

Let me congratulate the Party, its leaders, past and present for persevering in the face of extreme adversity and restriction especially in the recent past. As you celebrate the 50th anniversary think about the glory days of the party and the struggle it mounted for the development of this country and our people. Ladies and gentlemen 50 years is a great achievement. It is time to look forward to the next fifty.

Thank you."

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DRITI CAGED FOR FIVE YEARS OVER KHAIYUM REMOVAL PLOT: Madigan jails former land force commander primarily on evidence of "The Reject Avenger" Major Manasa Tagicakibau

10/12/2013

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DIGNIFIED EXIT: Pita Driti, flanked by police, heads off to prison. In contrast, Francis Kean (insert, right ) the convicted killer and brother-in-law of dictator Frank Bainimarama, is laughing into our faces as Permanent Secretary for Works, Transport and Utilities. Bottom insert: The truth bender Manasa Tagicakibau taking a break during his evidence against Driti

Hong Kong link: Audrey Moffat and illegal A-G Khaiyum

IN THE HIGH COURT OF FIJI
AT SUVA CRIMINAL JURISDICTION
Criminal Case No.005 of 2012

BETWEEN : STATE
AND : PITA RAGOLEA DRITI

BEFORE : THE HON. JUSTICE PAUL MADIGAN

Counsel : M. Korovou for the State
Mr. F. Vosarogo for the Accused.

Date of Mitigation: 10 December 2013

Date of Sentence: 11 December 2013
SENTENCE
____________________________________________________________
1. Pita Driti you have been convicted by this Court after trial of one count of Inciting to Mutiny contrary to section of the Crimes Decree 2009. The count reads:
“Statement of Offence INCITING TO MUTINY contrary to section 72(1)(a) of the Crimes Decree 2009
Particulars of Offence
Pita Ragolea Driti between the 1st day of August 2010 and 31st October 2010 at Suva in the Central Division knowing that Manasa Ralawa Tagicakibau is serving in the Republic of Fiji Military Forces, attempted to seduce Manasa Ralawa Tagicakibau from his duty and allegiance to Fiji. "

2. The relevant facts of the case were that in 2010 you were the Commander Land Forces of the Fijian Army ("RFMF"). After the Commander (who was at the time, and still is, the Prime Minister) you held the most senior rank in the army over which you had virtually unfettered control, subject to the directives of the Commander himself. On divers days in September 2010 you expressed your frustration about and your dislike for the Government and in particular for the Attorney-General, Mr Aiyaz Sayed- Khaiyum ("AG") to your Junior Officer Major Manasa Tagicakibau. Your frustration manifested itself verbally in your dislike for the influence you perceived that the A.G. had on the Prime Minister to the prejudice of the Military Council of which you were a senior member. In furthering that dissatisfaction, you expressed a view to have had him removed. There being a dispute as to what words were actually used, it was nevertheless a wish expressed to the officer in such a way that you made him think that AG was to be killed.

You asked the officer at least twice to use his own intelligence gathering cell to monitor the Attorney General as to his contacts, his social activities and any business dealings that he might be involved in, because you suspected that AG was indulging in corrupt practices. The Major understood that he was to find negative associations that would discredit the AG. Eventually in October of 2010 you revealed to the Major a plan that had been hatched to have the administration led by the Commander of the Military Forces dismissed by His Excellency the President and if the President were not to assent to this dismissal, to somehow have the President himself removed from Office.

This plan was to be put into effect when the Commander (P.M.) was out of the country visiting troops in the Sudan and in what you presumably thought was a magnanimous gesture, you would arrange for the P.M.’s family to be sent to him in exile in the country of the P.M.'s choice. It was also said that assistance would be requested from Australian and New Zealand armed forces to secure the border and to quell any internal dissent. It is an alarming and an aggravating feature of the plan that no provision was included in it for an alternative administration to that of the Commander. By "leaning" on the Major in this way you were at least attempting, if not ordering, the Major to betray his oath of allegiance to the RFMF, and to betray his allegiance to the Government of the day. Unfortunately for you the threshold of offending by this section is only attempting and you were at the very least doing that in your meetings with the Major.

3. Incitement to Mutiny is a very serious offence. The role of the military, not only in Fiji, but in most countries of the world, is to maintain peace and law and order for the citizens of a country: for the protection of national security and to defend the organs of the State from any internal dissent. What you were proposing was the complete antithesis to these concepts. Public safety and public order can only be secured by loyal and disciplined armed forces and that in itself can only be accomplished if members of the army obey orders and maintain loyalty. Any deviation from those principles is a threat to national security; it is treasonous and mutinous. Hence the the severity of this particular crime. It is not a mistake that it is listed in the Crimes Decree as an "Offence against Public Order."

4. The penalty for this offence is a term of imprisonment for 15 years. Until February 2010 when the Penal Code was in force for this same offence, the maximum penalty was imprisonment for life and in the only previous case for the offence in Fiji, State v Takiveikata HAC 005.04. (4 March 2011), Goundar J. in fact imposed the maximum of life imprisonment.

5. Although not being entirely relevant to the charge you have been convicted of, I am reminded of this Court's sentences handed down in the conspiracy to murder case in Takiveikata and ors HAC 009.08 (5 March 2010). All 8 accused were sentenced to various terms for conspiring to murder the Prime Minister in the latter part of 2007. The maximum penalty for the offence at the time was 14 years imprisonment and the principal participants in the conspiracy were sentenced to terms of imprisonment of seven years. That conspiracy was being hatched contemporaneously with your scheme to depose the PM, however there is no evidence before me that the schemes were in any way related.

6. While that case cannot for obvious reasons serve as a sentencing precedent for this case, it has similar features which can be of assistance. First the maximum penalty is almost the same (14 years for conspiracy, 15 years for inciting to mutiny). In addition the offending in both cases was anti-Government, and involved a proposal to remove both the President and the Prime Minister and to bring in foreign forces to assist. Both offences are of course extremely serious in the contemplation of the disastrous consequences of a consummation of their plans.

7. In mitigation your counsel tells me that you are 53 years old, married with children and grandchildren. You joined the RFMF in 1984 as an officer cadet and since that time you had a prestigious career in the military receiving quick promotions and serving in both Lebanon and in the Sinai. You were obviously being groomed for high status because you were sent on study courses to both Malaysia and to Australia. You ended your career as a result of these activities in 2010 with the rank of Brigadier General in the post of Land Force Commander, controlling about 80% of the Army and Navy. You were rewarded with decorations including being made an officer of the Order of Fiji.

8. You were also a senior serving member of the Military Council, a body advising the Commander as PM, both before and after the take-over in December 2006 and this Court has no hesitation in accepting this entire record as a remarkable testament of your service to this country and you must receive credit for that.

9. Your Counsel tells me that you are remorseful for what occurred. That may well be the case now that you have been convicted but I saw little evidence of remorse from you during the trial.

10. Apart from the shame which this matter has obviously visited upon you, I am told that your family will suffer in that they are obviously deprived of your income and they must survive on your wife's income as a Secretary in a Bank. I am also asked to consider your co-operation with the Police in your interview under caution.

11. Mr Vosarogo urges me to consider that apart from the attempt to incite mutiny, there was no actual mutinous act and that "because of the minimal circumstance (utterance of word only) it did not cause any eventuation of military dissent ". He extends this argument by submitting that a reduction of the penalty for the offence from life imprisonment to 15 years with the introduction of the Crimes Decree in February 2010 and the possibility that it can now be an offence tried summarily means that the Legislature intends a whole new "philosophy " should appertain to the offence which should be reflected in the sentence.

12. Both Mr Vosarogo and Mr Korovou for the State refer me to the Papua New Guinea case of Ben Wafia and ors, both in the Supreme Court (SCRA 10 of 2006) and at First Instance (CR.1433, 1434,1435, and 1436 of 2002) in which sentences for this offence were discussed. It was said at First Instance and upheld in the Supreme Court that for incitement to mutiny where there was a subsequent mutiny is very serious but where in fact there was no subsequent mutiny sentences of between a few months and five years would be appropriate.

13. While a decision of the National Court of Papua New Guinea is not binding on this Court, it is nevertheless of persuasive interest. That being so I cannot accept that subsequent mutiny with the inciter and the incitee taking part is of any relevance to the crime of attempting to incite. The crime is complete when the evidence of attempt is established and whatever happens after the attempt to incite can have no bearing on the crime whatsoever. Consequently subsequent events cannot influence the sentence. What are relevant are the circumstances pertaining at the time.

14. Mr Vosarogo urges me again to pass a short sentence and then suspend it, on the basis of your clear record, your service to the nation, the potential suffering of your family and your loss of livelihood. 15. I regard this submission as being totally unrealistic. Your good service record and dedication to the State is ruled out by your seditious and anarchistic entreaties to Major Tagicakibau to do what he could to "bring down" if not eliminate the Attorney General from the executive branch. Even your Personal Service Officer who knew you well said that in the few months when he had resumed service with you in the middle of 2010, you were a changed man and made "dissatisfied" remarks whenever you heard the Attorney-General on the Radio. As is the case with any convict being sentenced his or her family circumstances can only be of relevance in truly exceptional cases. Family and social ties are the inevitable casualty of crime.

16. As referred to earlier, it a seriously aggravating feature of this case that nothing was proposed to replace the administration that you sought to destroy. As was the situation in the conspiracy to murder case (Takiveikata (supra)) no consideration was given to the absolutely dire consequences to the citizens of Fiji should the plan succeed. To suddenly overthrow a government and perhaps even remove the President from office would immediately plunge the country into a state of chaos and lawlessness with the potential of a struggle for power between perhaps you, your fellow conspirators and former agents of the SDL political party which the evidence suggests you were appearing to favour.

17. It is also aggravating that you should use your respective roles of superior/subordinate when attempting to induce the Major to betray his Commission. Irrespective of any merit in your proposal that you might have been able to persuade him with, your great power and status within the RFMF would have certainly have had a dominating manipulative effect on him.

18. It was rather unpleasant at the very least for you in your evidence in defence, to tell the Court that the Major was not particularly competent in his duties. Despite that perception on your part, if indeed it was your perception, you had no hesitation in trusting him with your seditious utterances nor were you reluctant to reveal to him the" plan" and suggest ways that he might be able to help you and your co- conspirators to further that "plan".

Wheel-barrowed in by Aiyaz Khayium to overturn assessors not guilty verdict. The former Hong Kong lawyer and FICAC prosecutor now Fiji High Court judge Paul Madigan

BETRAYED: He was once seen as Bainimarama's officer-in-treason

The Reject's Revenge: Manasa Tagicakibau who couldn't take second position under Driti and Ratu Ului Mara

http://www.fijileaks.com/2/post/2013/11/consumed-with-bitterness-was-major-manasa-tagicakibau-bursting-with-jealousy-for-playing-second-fiddle-to-pita-driti-and-ului-mara-at-rfmf.html

Ratu Inoke Takiveikata, unlike fugitive Bainimarama, taking his punishment in his stride. Ironically, it was Driti and his officers who stood their ground in the 2000 mutiny as their commander Bainimarama fled through the cassava patch, even defecating in his pants from fear.

Fugitive from treason: As we can see from the above, Bainimarama had incited Driti and others to overthrow the Qarase government. And yet Madigan has the gall to read the riot act to Driti: "Incitement to Mutiny is a very serious offence. The role of the military, not only in Fiji, but in most countries of the world, is to maintain peace and law and order for the citizens of a country: for the protection of national security and to defend the organs of the State from any internal dissent. What you were proposing was the complete antithesis to these concepts....It is also aggravating that you should use your respective roles of superior/subordinate when attempting to induce the Major to betray his Commission. Irrespective of any merit in your proposal that you might have been able to persuade him with, your great power and status within the RFMF would have certainly have had a dominating manipulative effect on him. "

SCOT FREE: Aziz was the ring-leader in the plot to depose Bainimarama and Khaiyum but cut a deal to remain at large from the law. He had covered Bainimarama over the CRW soldiers murders in 2000 following the mutiny

This was especially aggravating given the evidence that the Major had come to you originally to express professional feelings of inefficacy in that he was dissatisfied with the allocation of tasks allotted to him within his role as head of the Logistical Supplies Unit ("LSU").

19. It is irrelevant that the plan did not achieve its objective or even that it was practically unachievable. As with conspiracy, the crime is committed when it is initially broached; agreement for conspiracy and attempt to incite for the instant case.

The Sentence

20. It is a matter of surprise and sadness that at your age and with your illustrious career behind you that you should come to be involved in this seditious undertaking. I take a starting point for this offence a term of 6 years' imprisonment. For the seriously aggravating features that I have referred to in paras 3, 16 and 17 above, I add a further four years to that term making a interim total of ten years. For your mitigation of clear criminal record and a truly commendable record of service to the nation I deduct a period of five years meaning that you will serve a term of imprisonment of five years.

I am not able in law to suspend a sentence of that term and in any event it would not be appropriate to suspend a sentence for such a serious and potentially destructive crime. You will serve four years of that sentence before you will be eligible for parole."

P.K. Madigan Judge At Suva ' 11 December, 2013.

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The Pita Driti Trial

9/12/2013

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Former Land Force commander Pita Driti to be sentenced on Wednesday at 3pm (Fiji time) by Justice Paul Madigan in Fiji High Court

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