| 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." |    One rule for himself and another rule for his opponents!  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. |
Fijileaks Editor: The Fiji Times reporter, it can be revealed, was the late Spike Padarath, the husband of Fiji Labour Party president Lavenia Padarath.
