Fijileaks
  • Home
  • Archive Home
  • In-depth Analysis
    • BOI Report into George Speight and others beatings
  • Documents
  • Opinion
  • CRC Submissions
  • Features
  • Archive

REDEEMING RUSSELL: In the wake of all the publicity, led by Fiji Sun, on "REDEEMING MOTI" book, what about another Australian citizen and the paper's former publisher who was kidnapped and deported out of Fiji

12/5/2017

16 Comments

 
Picture
Source: Fiji Sun, 12 May 2017: Advocacy Journalism Needed in Region

Fijileaks: Unlike the Australian government which allowed Julian Moti his legal right to fight all the way up to Australia's highest court, the then illegal coupist Fijian regime under Aiyaz Sayed Khaiyum gazetted a DECREE barring any challenge to Hunter's deportation from Fiji in 2008

"TAKE NOTICE that the Applicants (Russell Douglas Hunter and the Fiji Sun) seek leave of the Court pursuant to O 53 r 3(2) of the High Court Rules to apply for Judicial Review of the decision of the First Respondent, being Removal Order No 07/08 made 25 February 2008, requiring the First Applicant to leave and remain out of Fiji indefinitely whereupon the First Applicant was arrested, detained and conveyed from Suva to Nadi and further detained and then deported to Sydney, Australia on 26 February 2008. THE APPLICANT SEEKS: (i) An Order in the nature of Certiorari to remove into this Court and quash the said decision. (ii) A Declaration that the said decision was erroneous in law, unlawful, invalid, void and of no effect. (iii) An order in the nature of Mandamus, requiring the First Respondent to reconsider the decision according to law and such direction(s) as are made by this Honourable Court. (iv) Damages. (v) Costs. (vi) Such further or other relief as may seem just."

Unlike Julian Moti (right photo), Fiji regime and its kidnappers had not allowed any photos of Russell Hunter being shoved onto the plane, bound for Australia
"When everyone, it seemed to me, had boarded, Captain Savenaca told me to get up; then he escorted me with his hand in the small of my back, much like a revolver which he pointed and held in place while he walked me to the plane."

Picture
Julian Moti after being arrested and on way to Australia
Picture

Ironically, Dr Shaista Shameem, the then Director of the Fiji Human Rights Commission, had controversially supported Hunter's deportation, and had called for the arrest of Victor Lal, if and when he stepped on the Fijian soil, for contempt of court under the relevant provisions of the 1997 Constitution, and the recommendation was made to protect public safety, judiciary, and national security (Fijileaks founding Editor-in-Chief Victor Lal: 'I do not know if the recommended charge had been drafted and is gathering dust in DPP's office, awaiting my fateful arrival in Fiji"); the conclusion in 2008 to charge Lal for contempt of court was based on the contents of the hacked e-mails between Russell Hunter and Victor Lal that were released to the international and local media by one Nikhil Singh, a Mahendra Chaudhry lackey, shortly after the plane carrying Hunter had taken off from Nadi. Again, IRONIES abound! While Fijian-born Julian Moti is back in Fiji working alongside Shaista Shameem at the University of Fiji, Victor Lal still has charges and legal writs pending that were filed against him for revealing the then interim Finance Minister Chaudhry's secret millions stashed away in Australia

Picture
Picture
Picture
Picture
Extracted from Fiji Human Rights Commission Report: "Report on Investigation into circumstances and facts involving the deportation of Fiji Times publisher Evan Hannah and Fiji Sun publisher Russell Hunter"
Picture
Picture
Picture

Again, unlike the Australian government which allowed Julian Moti his legal right to fight all the way up to Australia's highest court, the Fijian regime under Aiyaz Sayed Khaiyum gazetted a DECREE barring any challenge to Hunter's deportation, and KHAIYUM lied through his gritting teeth:

Picture

The then interim Attorney-General Aiyaz Khaiyum not only abused the due process of the law but made the excuse at the time that the High Court order wasn't served by Fiji Sun lawyer Suruj Sharma; Khaiyum was lying to the world. It was certainly served on Air Pacific and also on Captain Savenaca Siwatibau (guarding the then Fiji Sun publisher Russell Hunter) whose response was: 'Do you want me to bring the whole f_____g army down here?' Hunter: "When everyone, it seemed to me, had boarded, Captain Savenaca told me to get up; then he escorted me with his hand in the small of my back, much like a revolver which he pointed and held in place while he walked me to the plane."

JUSTICE DELAYED AND JUSTICE DENIED - FILED IN 2008 - ITS 2017:

Picture

Russell Hunter on how regime sent army thugs to his house in the night: "I said "I won't come". I then picked up the phone and rang Suruj Sharma, my lawyer.  No sooner had I got on the phone when five (5) men got out of the car. They were dressed in uniform and one of them said to me I had to come now.  At this stage I was still talking to Mr Sharma I was bundled into the vehicle and I could not see the look of anguish on my wife's face as I was forcibly taken by the man from my home and forced into the vehicle.  My daughter, I recall, was visibly upset and shaken.  I still had my phone in my hand as I was pushed into the vehicle.  Mr Sharma was asking me where I was being taken and sought from me details of the destination and the men in uniform, which I sought from them and they declined to supply."

"Unknown to me, the Interim Government had passed the Immigration Act (Amendment) Promulgation 2008 / No 3 of 2008) which in my understanding made it impossible to appeal a decision of the Minister concerning people declared to be prohibited, such as myself, and further sought to prevent or preclude any appeal from such a decision.  A copy of the Promulgation is annexed hereto and marked "RDH-4". If what seems conveniently coincidental, the passing of Promulgation was dated, and appears to be published in the Gazette, on 26 February 2008, but is said to come into force on 25 February 2008. In essence, it deprived me of any right of review or appeal.  It was retrospectively said to deprive me of my rights for appeal or review but promulgated on the very day of deportation.  I say it was both unreasonable and misleading in the manner in which it came to be promulgated. I crave leave to refer to the Removal Order annexed hereto as "RDH-1".  It is singularly significant as it does not have a reason or reasons on its face to enable me to understand or comprehend why it was being served, or what it was that I had done to warrant its issue. I seek the relief sought in the Application for Leave to Apply for Judicial Review and say that the grounds relied on are to the best of my knowledge, information and belief true and correct. " Russell Hunter, in his affidavit filed by Fiji Sun lawyer Suruj Sharma in the Fiji High Court

IN THE HIGH COURT OF FIJI

AT SUVA CIVIL JURISDICTION

Judicial Review No__________of 2008

IN THE MATTER of the Immigration Act 2003

AND IN THE MATTER of the Immigration Act (Amendment) Promulgation 2008

AND IN THE MATTER of the Constitution Amendment Act 1997 (the Constitution)

AND IN THE MATTER of Removal Order No 07/08 dated 25 February 2008

BETWEEN:                                                                         
RUSSELL DOUGLAS HUNTER
Queensland, Australia

First Applicant

AND: 
SUN (FIJI) NEWS LIMITED, a limited liability company having its registered office at 12 Amra Street, Walu Bay, Suva, Fiji Islands

Second Applicant

AND:                                                                                     
PERMANENT SECRETARY FOR IMMIGRATION, Immigration Department, Suva, Fiji Islands

First Respondent

AND:                                                                                                 
ATTORNEY-GENERAL OF FIJI, Attorney-General's Chambers, Suva, Fiji Islands

Second Respondent

              APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW


TAKE NOTICE that the Applicants seek leave of the Court pursuant to O 53 r 3(2) of the High Court Rules to apply for Judicial Review of the decision of the First Respondent, being Removal Order No 07/08 made 25 February 2008, requiring the First Applicant to leave and remain out of Fiji indefinitely whereupon the First Applicant was arrested, detained and conveyed from Suva to Nadi and further detained and then deported to Sydney Australia on 26 February 2008.

THE APPLICANT SEEKS:

(i)         An Order in the nature of Certiorari to remove into this Court and quash the said decision.

(ii)        A Declaration that the said decision was erroneous in law, unlawful, invalid, void and of no effect.

(iii)     An order in the nature of Mandamus, requiring the First Respondent to reconsider the decision according to law and such direction(s) as are made by this Honourable Court.

(iv)       Damages.

(v)        Costs.

(vi)       Such further or other relief as may seem just.

THE GROUNDS upon which the Applicants seek the above-mentioned relief against the Respondents are as follows:

(A)      That the First Respondent erred in the manner and exercise of such discretion that was reposed in him and further erred in the purported exercise of his jurisdiction and/or misconstrued his powers under the Immigration Act 2002 and the Immigration Act (Amendment ) Promulgation 2008 (the Act and the Promulgation, respectively) by:

(i)         committing an error on the face of the record, both in the analysis of and the construction of his power to make the decision;

(ii)        denying the First Applicant procedural fairness to be heard prior to the making of the decision;

(iii)       in implementing the decision whereby he caused the First Applicant to be arrested and detained and held against his will and thereafter to be removed from Fiji, he acted in excess of any or all such jurisdiction as was reposed in him pursuant to the Act;

(iv)       insofar as he acted in coming to the decision made with respect to the First Applicant he acted ultra vires and committed an error of law in doing so;

(v)        the First Respondent in making the decision, failed to take into account all relevant considerations and took into account irrelevant considerations, making the decision void and of no effect;

(vi)       the First Respondent erred in the making of the decision and the service of the Removal Order by committing a jurisdictional error in coming to the decision for the wrong reason(s);

(vii)      the First Respondent committed jurisdictional error by failing to ask and receive answers to the right questions, consider relevant material and disregard irrelevant material;

(viii)     the First Respondent failed to properly construe the Act in respect of the criteria relied upon to determine the decision arrived at, as a result the decision was or involved a jurisdictional error and is regarded in law as no decision at all;

(ix)       the First Respondent fell into jurisdictional error by deciding the threshold requirement under s.13(2) of the Act and as amended subsequently by the Promulgation, viz that the First Applicant was a member of a prohibited class, was not satisfied but based upon a misconstruction of the expression "prohibited person" in s.13(2)(g);

(x)        the First Respondent fell into jurisdictional error by failing to take into account a relevant consideration in the exercise of the discretion under s.13(2)(g), namely:

(aa)      the nature and extent of the circumstances warranting the First Applicant's inclusion in the class of prohibited persons;

(bb)      the weakness or strength of the evidence supporting the alleged conduct of the First Applicant;

(cc)      the hardship to the First Applicant as a result of the decision.

(xi)       the First Respondent fell into jurisdictional error by taking irrelevant considerations into account in the exercise of the discretion to make the decision, namely:

(dd)     that the Interim Government of the Fiji Islands has a strong interest in deterring non-citizens from exercising freedom of expression through the press and media when the First Applicant had not been convicted of any offence involving a limitation on such freedom in the interests of national security or public safety.

(B)       The Respondents' purpose in issuing and enforcing the Removal Order by the First Respondent on 25 February 2008 and passing the Promulgation on 26 February 2008 was to allow the First Applicant to be detained when he had no right of appeal from a decision of the First Respondent pursuant to s.58(8) of the Act, as amended, and that was an improper purpose because -

(1)        the Respondents knew that upon arrest and detention pursuant to the decision, no appeal could be lodged;

(2)        the Respondents expressly took into account the fact that the arrest of the First Applicant on 25 February 2008 would, by reason of the Promulgation, despite being dated 26 February 2008, was said to come into effect on 25 February 2008, thereby preventing any appeal or review of the decision;

(3)        the First Applicant had not been previously notified by the First Respondent that he was considering removal of the First Applicant and cancellation of his work permit to reside in the Fiji Islands;

(4)        the purpose of the Respondents is to be inferred from the matters set out above.

                                                                                                PATEL SHARMA LAWYERS

                                                                                                             Per:  .................................

                                                                                                           Solicitor for the Applicants

Dated:    May 2008

This Application for leave to apply for Judicial Review was filed by Messrs Patel Sharma Lawyers, Barristers and Solicitors, 1st Floor, 18 Waimanu Road, Suva


Picture
Picture
Picture

Advocacy Journalism Needed in Region: Moti

Picture
Picture
Picture

Fijileaks: We want to stress that we are not devaluing the Moti saga and encourage those interested in his book to buy and read it

Picture
16 Comments
Chiku
12/5/2017 10:50:20 am

In Fiji there is selective indignation by the local elite regarding State abuse of power and human rights violations.
There is another name for it : hypocrisy.

Reply
Samjoe
12/5/2017 11:03:42 am

Led by the Fiji Sun? That Bainimarama regime mouthpiece propaganda paper that glossed over all the atrocities committed by the regime. Bloody spineless hypocrites.

Reply
Gulong
12/5/2017 01:41:15 pm

Why is Shaista Shameen expressing indignation over Moti's deportation and handling by the Australian Federal Police but backs the regime in the deportation of Russell Hunter? She should be ashamed of herself and apologise to Russell Hunter and his family

Reply
Human Rights Tracker
12/5/2017 06:47:42 pm

Sad, very sad, that Ashwin Raj is merely carrying on from where Dr Shaista Shameem left.

Lets hope Shameem regrets supporting Bainimarama/Khaiyum and Chaudhry in 2008.

God Help Fiji

Reply
Chiku
12/5/2017 09:58:26 pm

And, what about the wrong inflicted on that great son of Fiji Professor Brij Lal and his wife Padma Narsey by the thug rulers in Fiji?
There was no court proceedings in Fiji to give them a fair hearing was there?

Reply
Rajend Naidu
12/5/2017 10:23:11 pm

Editor,
Moti Mistreated
That was the title of a letter of mine the Sydney Morning Herald published on 9Dec,2011.
The letter reads:
"The Julian Moti case is a good example of state abuse of power. That's basically what the court has determined in its judgement ("Costly pursuit ends as Moti deportation ruled unlawful " Dec 8 ). It found the Australian government had acted unlawfully in deporting Moti from the Solomon Islands to Brisbane.
That's why an independent judiciary is such a pivotal part of a democratic society. The decision of state officials can be reviewed by it to determine whether it is in conformity with the rule of law and just.
In Moti's case it wasn't ".
I wonder if a letter like that would get published in the Fiji media in the " true democracy " fashioned by Frank Bainimarama and Aiyaz Sayed Khaiyum?
It would certainly not get published in the Fiji Sun.
Does anyone need me to state why?
( ps : there were other letters of mine on the Moti persecution but I have not been able to trace them)
Sincerely,
Rajend Naidu

Reply
Bad Robot
13/5/2017 12:22:29 am

Victor, Julian Moti cannot be compared with Hunter. Hunter was shamelessly occupying his own colonizing space in Fiji. If the Australian invasion had come to Fiji at Qarase's request in 2006 Hunter would have been part of the propaganda machine, like RAMSI came with its own media to our country, the Solomons. By the way did Hunter write anything in Moti's defence when Moti was being hounded by his fellow Aussie reporters on trumped up charges? It is obvious Hunter has shares in Fiji Leaks but the comparison between him and Moti doesn't make any sense. Get off the grass Victor.

Reply
Victor Lal
13/5/2017 09:06:30 am

Bad Robot,

We have allowed your comment despite you not providing any evidence of your contact e-mail address etc

Read the positing: At least Julian Moti had access to the Australian courts unlike Russell Hunter whose right for a judicial review of his deportation was barred by Aiyaz Sayed Khaiyum's decree

I can't speak on behalf of Russell and, for your information, Russell was not even aware that we were posting a story "Redeeming Russell"

The Moti case is not black and white, if one reads a series of court judgments.

We have put a series of questions to Moti regarding the statutory rape charges etc

Thanks

Reply
Samjoe
13/5/2017 09:41:18 am

The comparision between Moti and Russell makes very good sense if one is not afflicted by prejudice against a white Australian. They both suffered gross human indignities at the hands of state authorities. Moti was able to seek and obtain redress for his mistreatment from the courts in Australia. Russell got none in Fiji.

Reply
Wantok
13/5/2017 12:29:52 pm

Fiji Leaks can't you see Hunter and Australians are on one side, and Moti is on the other side? We know many Aussie journalists like Hunter in PNG and Sol Is. Moti saw through them. Fiji was smart to get rid of Hunter; he was a spy for the Australian government. We should have done the same to Dorney and other media pirates who parachuted in with RAMSI. Pacific Islands should stop being a playground for Aussie journos. You should read the book before making assumptions about Moti's courtcase Victor. The Pacific is full of examples of Australian rape of land and people. Even the aboriginals will tell you that. Bad Robot makes sense to me.

Reply
Chiku
14/5/2017 09:52:15 am

Rubbishtok, what about ABC Four Corners journalists exposing the rampant corruption by political leaders in PNG siphoning off Australian aid money meant for healthcare, education, poverty alleviation etc?
Some of that big time corruption wouldve never seen the light of day had it not been for Australian journalists.

Chiku
13/5/2017 01:05:25 am

Does Fiji have an independent judiciary's? Can the coup installed Chief Justice Anthony Gates say Fiji has an independent judiciary? He'd be lying if he said yes. The judiciary in Fiji has been doing the bidding of the coupist Frank Bainimarama and his right hand man Khaiyum. And, it has been applying the law selectively. The coupists and their cronies are exempt from the law as it applies to opponents of the regime and citizens who don't have the right connections with the gangster government.

Reply
splashViti
13/5/2017 10:16:36 am

Oh my goodness! I downloaded this book via kindle and regretted it almost immediately, having read the first couple of chapters. No disrespect to Julian Moti but the book is such an awful read. Will trudge on nonetheless out of curiosity on Moti and hope the book does justice to his ordeal.

Reply
Samjoe
13/5/2017 09:06:56 pm

Bad Potato, Russell suffer abuse and human indignity at the hands of state agents in Fiji . Moti suffered in the same way at the hands of the Australian state. Moti got redress from the courts in Australia. Russel didn't get that in Fiji. That's the comparision and the contrast.

Reply
Russell Hunter
14/5/2017 01:05:23 pm

I wonder if bad robot and wantok have ever been to PNG or the Solomon Islands. If they had they'd know I never worked in the latter and last worked in the former in 1984. Maybe it's taken them this long to think that through. Australian spy eh? That would have raised a lot of laughs among governments on both sides of the Torres Strait. Especially since I wasn't an Australian at the time.
And, for the record, I have no shares in Fijileaks.

Reply
Chiku
15/5/2017 12:37:32 pm

Advocacy Journalism. The Fiji Sun was into Advocacy journalism big time . Advocating for the Bainimarama military dictatorship in Fiji. It was disgraceful journalism of the worst kind. Siding with a dictatorship that was screwing the people by putting the screws on their rights and liberties and siphoning off public money through fictitious " back pay " and inflated salaries without democratic accountability.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    editor@fijileaks.com

    ARCHIVES

    September 2020
    August 2020
    July 2020
    June 2020
    December 2018
    November 2018
    October 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    October 2012
    September 2012
    Picture
    Picture