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Fiji High Court sets precedent but will 'Killer' Bala be handed same punishment? Hill jailed for seven years for causing death of Australian woman; like Bala, Hill was drunk and driving on wrong side of road

12/8/2015

8 Comments

 
PictureHill on way to court
A twenty-eight-year old accountant has been sentenced to seven years imprisonment for causing the death of an Australian woman in a road accident in Nasinu in May 2013.

Jessica Jasmine Hill was drunk [LIKE BALA] on the night in question and was driving recklessly along Nokonoko Road in Nasinu.

The Suva High Court heard Hill’s car veered onto the opposite lane and hit another vehicle driven by Sereana Pratap of Brisbane [SAME AS BALA]

Pratap and her four teenaged passengers were rushed to Colonial War Memorial Hospital where she was pronounced dead on arrival.

The students who were Pratap’s family members suffered injuries.

The court heard Hill refused to take a breathalyser test when asked by police officers on the night of the accident.[BALA REFUSED TO BE BREATHALYZED BUT GOT HIMSELF ADMITTED TO HOSPITAL]

Suva High Court Judge, Justice Salesi Temo said Hill’s recklessness deprived a family of a wife and a mother.

He said the victim’s family is today paying for Hill’s crime and she is not to complain if a harsh sentence is delivered.

Justice Temo said the degree of violence involved in the crime was high thus a harsh sentence ought to be delivered.

He says the sentence is also a warning to all drivers on the roads who drive recklessly and have no respect for a life.
- See more at: http://www.fbc.com.fj/fiji/31995/seven-year-prison-term-for-road-death#sthash.A1JIO4lR.dpuf

Fijileaks: One notable and disgusting difference - its three years and Minister Bala is yet to plead guilty - protected by Aiyaz Khaiyum

Suva High Court Judge, Justice Salesi Temo said Hill’s recklessness deprived a family of a wife and a mother. He said the victim’s family is today paying for Hill’s crime and she is not to complain if a harsh sentence is delivered. Justice Temo said the degree of violence involved in the crime was high thus a harsh sentence ought to be delivered. He says the sentence is also a warning to all drivers on the roads who drive recklessly and have no respect for a life:

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Bala as Minister for Water Authority of Fiji should assist the late Puna Chand's family and supply them drinking water as they have to spend $40 per week to buy water from neighbors or pray for rain.
Bala should plead guilty and be sent to prison for seven years or more for killing Puna Chand. He is not above the law in Fiji!

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The Puna Family home - struggling to make ends meet and have to pay $40 per week to buy water

Mrs Puna Chand is grieving and crying for justice since 2013:

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While Bala is dancing with joy as FijiFirst Party Minister

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The late Puna Chand's death certificate which states cause of death - motor vehicle accident
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PRISON REHEARSAL?: Bala cutting ribbon from inside - but will Puna Chand family see him behind bars?
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8 Comments
Cassandra
12/8/2015 03:39:28 pm

The fact that Aiyaz Sayed-Khaiyum was instrumental in recommending Bala for the position of Minister for Transport, amongst other positions indicative of his contempt for the law as it should be administered. He is continually flaunting and abusing the power that the Prime Minister was foolish enough to give him. It is in turn a shocking reflection on the integrity of the Prime Minister that he continues to allow this to happen. One can only hope they are eventually punished by whichever God they profess to worship. Furthermore the Judiciary is hardly an innocent party in the Bala fiasco.

Reply
well said
12/8/2015 04:30:29 pm

well said Cassandra, the Fiji judiciary is indeed a guilty party in this whole fiasco and the cowboy chief justice tony gates should resign.

So too are the lawyers in Fiji whose job it is to uphold the rule of law (they should learn from the lawyers in India). did anyone of them had the guts to challenge the police's dragging of the chain for the last 3 years by seeking a Judicial Review in the High Court?? NO....

Did any of them had the guts to provide pro bono
legal assistance to the Puna family to sue Bala in civil courts?? NO.

Did anyone had the guts to seek from the High Court
on behalf of the deceased and his family to seek a Mandamus forcing police/DPP to charge and prosecute Bala?? NO.


Any lawyer worth the salt in Fiji ought to know that by virtue of the 2013 Constitution, to seek Judicial Review of government action/inaction is now a RIGHT, not a privilege as it used to. The Constitution also provides that those adversely affected by government inaction have a Constitutional Right to Reasons. What reasons are there for the 3 years delay in prosecuting bala?? NONE

And what of the CCF?? isn't it their job to bring these matters to the attention of the High Court by Judicial Review in the form of Public Interest Litigation?? Where are their so called mission, vision and values that they pontificate all the time to the western world.

The bala case shows that there is indeed NO RULE OF LAW IN FIJI. its rule of the corrupt bai kai regime who duped the voters to give them a cloak of legitimacy through a rigged elections.

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Don't Forget
13/8/2015 01:53:23 am

PM is nothing without Aiyaz. Aiyaz is the Kingmaker and PM is his puppet.

And the Judiciary? Judiciary is Gates who is gearing up to be the next President.

Rule of law has taken a pause in Fiji.

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Chiku
12/8/2015 05:27:16 pm

Praveen Bala case is a clear indictment on the Rule of Law and justice system in Fiji. It is a blatant case of double standards applied in the way of Orwell's Animal Farm. If one is part of the ruling elite - which is what Bala is - then instead of being subjected to the due process of law he is shielded from prosecution through inordinate delays and procrastination . This is the " equal " society Frank Bainimarama and Aiyaz Khaiyum has crafted after unlawfully grabbing power in 2006.
People who sing praise of this " new " Fiji are intellectual imbeciles and morally bankrupt scoundrels.

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Saamjo
12/8/2015 06:56:35 pm

Yes, Jessica Jasmine Hill was drunk like Bala was when he drove recklessly causing the death of a person. but and it's a big but unlike Bala Hill does not apparently have Bala's political clout. And that makes for a huge difference under Fiji's justice system.there is no way Bala will get a seven year jail sentence like Hill. Although that would be his just desert.

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Welcome Home
12/8/2015 09:03:19 pm

There appears to be inconsistency in the Due Process of these two cases. This requires a thorough and transparent explanation to the Fiji public. No point talking of the need to have the Fiji Diaspora return to assist the rebuilding if basic tenets of the Rule of Law are seemingly
Ignored which causes dismay and disgust.

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Bahuki
12/8/2015 11:12:35 pm

Bala just caused someone else's death in a car crash and yet AK-47 lets him get away with it by giving him a promotion into government and leaving him to walk away without being answerable for his crimes.

I may not yet have read the book "Animal Farm" (due to constant reference of the govt's current flops) but this issue gives me a fair idea of what the book is all about, and this govt is no exception in the similarities I can expect to find if I get the chance to read it as mentioned by Chiku.

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Welcome Home
12/8/2015 11:15:22 pm

Mr Bala has a conscience, does he not? What is he waiting for? Or is it a case of "thus conscience doth make cowards of us all? And ...... "The insolence of office"? (William Shakespeare - Hamlet Act III scene i).

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