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Facing Backlash: Illegal regime contemplates contempt of court against Rajendra Chaudhry's Facebook comments against Judge Paul Madigan 

11/4/2014

7 Comments

 
The Khaiyum brothers Fiji Broadcasting (FB) Commission television station FBCTV ran a news bulletin reporting that the illegal Attorney-General Aiyaz Sayed Khaiyum was studying whether the postings by former Suva lawyer Rajendra Chaudhry, now temporarily living in Sydney, against Justice Paul Madigan was contempt of court. Chaudhry posted the comments on his Facebook after Justice Madigan found Mahendra Chaudhry guilty of  breaching the Exchange Control Act.

Fijileaks wants to remind its readers and the general public that this very illegal regime disobeyed Fiji High Court orders and deported Fiji Sun publisher Russell Hunter and Fiji Times publisher Evan Hannah when the two papers had highlighted Chaudhry's tax files in 2008; of course, then Mahendra Chaudhry was the "darling of the regime" holding the position of Finance Minister in Bainimarama's interim government.

One equally wonders whether Justice Paul Madigan is in contempt of court for taking up position as a High Court judge when the Fiji Court of Appeal ruled in 2009 that the Bainimarama government was an illegal regime. The Court also confirmed that the doctrine of necessity could not be used to justify a ‘revolutionary regime’. The losers, on 10 April 2009, abrogated the 1997 Constitution of Fiji. Qarase v Bainimarama [2009] FJCA 9; ABU0077.2008S (9 April 2009) - Court of Appeal, Fiji. The Court concluded its judgement as follows:

Declarations and Orders"

The Court hereby:(1) Declares that:(a) the assumption of executive authority and the declaration of a State of Emergency by the First Respondent;
(b) the dismissal of the First Appellant from the office of Prime Minister and the appointment of Dr Jona Baravilala Senilagakali as caretaker Prime Minister;(c) the advice that Parliament be dissolved by Dr Senilagakali;(d) the order by the First Respondent that the Parliament be dissolved;(e) the appointment on 5 January 2007 of the First Respondent as Interim Prime Minister and of other persons as his Ministers by President Uluivuda;(f) the purported Ratification and Validation of the Declaration and Decrees of the Fiji Military Government Decree of 16 January 2007, subsequently renamed as a Promulgation of the Interim Government of the Republic of Fiji, by which decree President Uluivuda purported to validate and confirm the dismissal of the First Appellant as Prime Minister of Fiji, the appointment of Dr Senilagakali as caretaker Prime Minister and the dissolution of Parliament;were unlawful acts under the Fiji Constitution.

(2) Declares that in the events that have occurred it would be lawful for the President acting pursuant to section 109(2) of the Fiji Constitution, or as a matter of necessity, to appoint a caretaker Prime Minister to advise a dissolution of the Parliament and the issuance of writs for the election of members of the House of Representatives."
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One rule for himself and another rule for his opponents!
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Suva lawyer Richard Naidu reminded the listeners of the contempt of court cases against Vijaya Parmanandam and Mahendra Chaudhry. For the Parmanandam case, see below Victor Lal's commentary in the Fiji Sun of 2009.
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Fijileaks Editor: The Fiji Times reporter, it can be revealed, was the late Spike Padarath, the husband of Fiji Labour Party president Lavenia Padarath.

7 Comments
Retired Fijian Schoolteacher
11/4/2014 09:13:02 am

Isa, Victor Lal, vinaka vakalevu.

You know every second weekend I used to travel from the interior of Fiji to the Fiji Sun office and pick up all the issues which contained your most informative commentaries on Fiji, its people, history, culture and politics.

I used to use some of the materials for my lessons with the students.

Since your banishment from Fiji Sun pages, I have never again bought a single copy of the Fiji Sun and recently looked over my shoulder at someone reading one in a bus and concluded that it was nothing but a regime propaganda sheet.

God bless you, and bless Fiji! I am glad to be reading Fijileaks these days!

Reply
Marc Edge link
11/4/2014 11:18:57 am

Here's a subtlety of media analysis forya. Note the camera angles used in the shots of Naidu and Khaiyum. Naidu is a very tall man, but for some reason the camera is above his head level, making him look small. Quite the opposite with the A-G.

Reply
Rajesh
11/4/2014 04:15:16 pm

Fiji judges/decree /constitution is illegal like the regime.

Reply
Keep The Faith link
11/4/2014 11:55:59 pm

The intent of this week's episode of self-preservational drama is of course to send a message to the masses that freedom of expression on socia media will be censored by using Rajend Chaudhry as the politically convenient and high profile sacrificial lamb.

Naturally one can expect that Chaudhry will not take this lying down and it is almost a given that the illegal & treasonous regime's favourite legal advisoress was key to this decision given that Chaudhry publically flogged her on his wall as well.

All in all what will the regime achieve? Not a lot. Sure censorship will prevail on the surface but you can do many things on social media away from the prying eyes of their online agents such as 'secret groups' on Facebook whereby the regime remains oblivious to the real pulse of the nation. Or the long-suffering repressed population can just say 'stuff it, I've had enough and am willing to pay the price of my right to freedom of expression as I know it, not as the regime decrees it'.

Either way it is evident that the regime is very nervous about that the volume of voices from all walks of life airing their disgust that is completely undermining their controlled media campaign and once again the knee-jerk reaction wins -- but are they ready for the unintended circumstances that will have a direct correlation to votes?

Reply
jone
12/4/2014 06:12:03 am

Rajen should know the law better if he professes to be a intelligent lawyer.

I have read that Malaysia,singapore, australia and a lot of other countries, people have been charged for what they have written on social media.

I only hoped Victor would have commented on this issue although I have noted that he has recently been a Chaudary supporter.

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Highest Crinimal Act - Treason
12/4/2014 10:57:18 pm

Jone, you could be right but these are democratic governments. As you know the Fiji Regime has refused to follow the court ruling which declared the coup illegal; the highest criminal act of the country. So it is mind boggling for you to even suggest that anyone in their legal capacity cares about the criminal rulers in Fiji. Imagine potential citizens who maybe waiting in line to sue the Regime members under these grounds that decrees in-acted illegally have in some form or another affected them financially or otherwise. RC is the least of their problems today.

Reply
Annon
13/4/2014 11:43:06 am

Two wrongs don't make a right. To use treason as justification for Rajendra Chodory's contempt of court is unjustifiable. He will serve his time in Naboro.

Reply

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