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GONE WITH HIS RAKE as extra-mural community prisoner at St Vincent DePaul Parish, Nausori. The bizarre case of Niko Nawaikula who claims PM's Office collected soli for him, he met Rabuka and is now A Free Man

1/2/2024

 
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St Vincent DePaul Parish Nausori
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Yesterday, after picking up rubbish and raking the compound of SVDP Nausori Parish where I am doing community service, as part of my prisoner duties, I travelled to Govt buildings and was glad to meet former colleagues.

And here you can see Mr Peter Wise, PS in the PMs office and Hon Ro Filipe Tuisawau Min for Public Works , Transport & Meteorological Service.

I also had the opportunity to pay a courtesy visit to PM. We both enjoyed the short meeting.

I can immediately see they are at the opposite end of the spectrum I am at with files piled at their desks and mind somewhere dealing with national interest even as we spoke.

To the contrary I have a clear unobstructed mind, not a single work pressure and ready to talk and laugh at old jokes with ease.

The other big difference of course is that they get paid while I'm not but that was quickly addressed by soli such that it became pay day for me. I quickly resolved not to make repetitive visits like this to avoid further embarrassment.

In case you are asking, yes I did raise issue on Constitutional Review, the continuing existence of some anti taukei laws etc. I cant talk details suffice to say that these things they are considering along with other national priorities.
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What I can say however is that i am thankful I am not there with them because as an outsider I can push them, hold them to account and even criticise them for delay in addressing these important issues.

Just like I am currently doing on the need to Review 2013 Constitution, need to terminate all anti taukei laws, need to review our archaic native land laws, need to investigate FSC,FBC,FICAC etc, review Taukei Administration etc.
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So in many ways I can see Gods purpose in all these as I am more useful being out of government then being in.

To my former colleagues Hon PM, Hon Ro Filipe & Mr Pita Wise, I wish you all well as you continue your good work and expect more visits from me & my NGO advocating Justice, Human Rights & Democracy.
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​At slightly past 6pm today 2 very senior prison officers arrived from the Prison Headquarters to advise me that as of today my prison term has ceased and I m no longer required to do community work.

It means that I was correct all along on the unlawful confinement of me and I estimate more then 100 prisoners.
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It means also that the Commissioner For Prisons & Officer in Charge in the 9 prisons throughout Fiji can be criminally charged for unlawful confinement.

It means also that the AG as Minister Responsible should put up a paper to cabinet asking for over $M to be paid in compensation to unlawfully confined prisoners.

Last week I filed a complaint to police against the Comissioner Of Prisons for unlawful confinement. Only yesterday the police came back to me to say they already interviewed the Comissioner and have identified over 50 files already of prisoners likely to be unlawfully confined.

This visit is an admission of guilt but I will continue to press for charges.

Next week I will file civil claim for me and 10 other people including Rt Inoke Takiveikata & Rt Timoci Silatolu for unlawful confinement.

Sometimes God purposely put us in places to expose injustice and my going to prison can be for such a purpose.

I thank God firstly for this and my wife, family and all who believe in justice.

Now the AG as Minister Responsible for Prisons will explain to the Cabinet and to the Country why over 100 Prisoners were continuously held in unlawful confinement despite their many complaints & despite clear directives from the Supreme Court the Prison was wrong.

The AG will have to explain the costs wasted by government in holding these inmates feeding them, providing security etc.

The AG will have to clarify the exact numbers of those unlawfully confined. I estimate 100 - 150.

The AG will have to explain the total government has to pay in compensation to all prisoners concerned. And remember that this unlawfulness & injustice had been happening since 2012.

Now that I no longer have to do community work I am free to travel to Vanua Levu to visit my mother who will turn 92 on 2.2.24.

I am informed 8 prisoners were released today with more to come. Incidentally not releasing the unlawful confined can give to police investigating team reason to arrest and I believe this was the reason the Prison officers rushed to me at 6pm today.

This sudden turn of events is the outcome of the quick action of the Police Criminal Investigation Unit. From the time I filed formal report against the Commissioner & those responsible for unlawful confinement it took them less then 2 days to attend, gather my statement, and confront prison authorities.
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They (CID) have even interviewed Commissioner of Prisons and have already identified over 50 similar cases. There will be more. Incidentally they advised the prison authorities that if they withhold release it can give them reason to arrest. I wish to thank CID but press for full investigation and charges to expose the depth of this injustice that's been happening since 2012.
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​I am asking the Police involved in investigating my case and up to 200 others still in unlawful custody to make the arrest of the Commissioner of Prisons & her Officers In Charge(OC) for the crime of unlawful confinement.

The Police possess the power of arrest and can exercise that when he/she reasonably suspect a crime has been or is being committed.

I think the threshold of reasonable suspicion by police for committal of the crime of unlawful confinement has been reached for the following reasons :

●I lodged the formal complaint, for unlawful confinement, of me and the up to 200 others still detained unlawfully on 14.1.24 and was assigned police report No 552/1/24.

● on 15.1.24 I gave my full statement to police and submitted all Supreme Court rulings that confirm I was correct and proved the Commissioner is wrong to be keeping these up to 200 others in unlawful detention.

● the police investigation team has confirmed to me that they have visited the Commissioner of Prisons and OC and taken their statements.

● immediately after that and about 4 days after I filed the complaint I was visited by very senior prison officers to advise my prison term has ended and I no longer need to do community work.

This to me was proof of the guilt of unlawful confinement.

● The acting CJ has also cautioned of prisoners, "still serving time when they shouldn’t be in there,” adding that in such cases, " the chances of the State being sued for unlawful imprisonment were high."

Only last Monday a prisoner in similar situation, Samu Bokadi, was produced by Nasinu Prison Officers before the Court Of Appeal.

On finding out that Bokadi should be out already the court directed Legal Aid to consult with the Prison. It refused to release Bokadi.The court then asked the DPP but again the Prison refused. So the court instead released him under Bail.

Incidentally Bokadi should have been released in July of 2023.

So there is more then enough reason to raise suspicion in the mind of police to effect the arrest of Commissioner Of Prisons and her OCs.

As a matter of fact they are now purposely and intentionally defying Supreme Court rulings which should prove to the court their doing so has been clearly intentional.

Can the Police investigating this case make the arrest already and please Police Commissioner and Minister Responsible Hon Pio see that the arrest are immediately carried out.

It really is because the Human Right of Personal Liberty is fundamental as it is permanent and inalienable and must be respected. Whether a person is a prisoner or not makes no different as all Human Beings must be treated equally.

And can the Minister For Prisons, the Hon AG see that the up to 200 prisoners still unlawfully detained are immediately released just as they have done to me.
PLEASE.
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