 Anthony |  Tikoduadua and Kalouniwai |  Ditoka |
  Lambie during army days |  |
FELIX ANTHONY, trade unionist who was beaten up by Bainimarama and his goons, expresses surprise on Naliva's appointment as Deputy Commander of Australian army's 7th brigade. For years, Felix Anthony was reluctant to go public, leaving it to our Founding Editor-in-Chief to reveal in detail his beatings at the hands of Frank Bainimarama, Ben Naliva and other military goons.
*He is another of those 'Fijian Houdini chap from the old bloc' who has disappeared from our Editor after his buddies came to power in Coalition government, led by Coupist Sitiveni Rabuka.
*We had stood by his side since the 1987 Rabuka COUPS.
*The Australian media keeps stating that Naliva was never charged for the torture of his victims. Of course, NOT, for his BOSS was running the FFP government, and now the Coalition is protecting Naliva.
*And PIO TIKODUADUA must explain if he had any role in recommending the appointment of the torturer Naliva to the Australian government.
*What about Coalition Minister SAKIASI DITOKA, who is acutely aware of Naliva's violent past, as disclosed by his former boss, the late Prime Minister Laisenia Qarase, in Prisoner 302, and I have on me Ditoka's statutory declaration affidavit from 2014.
*We expect yesteryears VICTIMS to speak up against NALIVA and get Bainimarama's Master Torturer after 2006 COUP deported from Australia.
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IMMUNITY AND NFP TRAITORS. As we have consistently argued since 1999, the Immunity in the 1990, 1997 and 2013 Constitutions do not apply to Rabuka, Bainimarama and his torturer goons.
*We are where we are today because the NFP and its leaders not only provided the party's votes to keep Rabuka as Prime Minister since 1994, but they had agreed with him to entrench IMMUNITY in the 1997 Constitution of Fiji, later carried over into the 2013 Constitution.
*The current NFP leader BIMAN PRASAD was one of the failed SVT-NFP candidates in the 1999 general election.
*The NFP traitors who refused to bring Rabuka and his goons to justice for the Rape, Beatings, and Torture of Indo-Fijians after the 1987 Coups once again formed coalition with Rabuka and are now in power.
But BEN NALIVA can be arrested in Australia - the Pinochet Precedent
"General Pinochet could not claim absolute immunity. This time by a majority of six to one, the law lords said that a former head of state could not get away with committing an international crime. And torture was an international crime wherever it may have occurred."
By BBC legal affairs correspondent Joshua Rozenberg
It is easy to forget that round one went to General Pinochet.
In October 1998, the Lord Chief Justice, Lord Bingham, ruled that he was "entitled to immunity as a former sovereign from the criminal and civil process of the English courts''.
In his view, and that of the two judges sitting with him in the High Court, "a former head of state is clearly entitled to immunity in relation to criminal acts performed in the course of exercising public functions".
But what were Gen Pinochet's "public functions"? They wouldn't include shooting his gardener in a fit of rage, for example. But Alun Jones QC, representing the Spanish prosecutor who was seeking the General's extradition, argued that they didn't include crimes against humanity either: offences such as genocide, torture, hostage-taking and others which were deeply repugnant to any notion of morality.
Drawing the line
Lord Bingham was prepared to admit that this argument had "some attraction". But he rejected it. Where, he asked, do you draw the line?
Lord Bingham ruled that Pinochet was entitled to immunity
The House of Lords supplied the answer. In November 1998, the law lords ruled by a majority of three to two that state immunity applied only to acts which international law recognised as being among the functions of a head of state. Lord Nicholls and Lord Steyn said those acts did not include torture or hostage taking.
Lord Hoffmann agreed with them. That meant General Pinochet could, after all, be extradited to face trial in Spain on those charges.
In his speech, Lord Steyn poured scorn on Lord Bingham's conclusion that there was no line to be drawn, that torture was within the official functions of a head of state. That would have meant Hitler's "final solution", his plan to exterminate European Jewry, was lawful.
Reporters wondered why Lord Hoffmann had simply expressed agreement with the other two judges instead of writing his own speech (as judgments are called in the House of Lords). One possible answer emerged a few days later.
The Hoffman affair
It turned out that the law lord was the chairman and a director of Amnesty International Charity Limited, a company with close links to the human rights organisation Amnesty International.
Lord Hoffman's Amnesty International connections led to a fresh hearing
That would have been reasonable enough, except for the fact that Amnesty International had been given permission to take part in the earlier hearing before Lord Hoffmann and four other law lords. Unusually, Amnesty's barristers were allowed to address them at the hearing.
Though Amnesty's position was that people responsible for human rights violations in Chile should be brought to justice, there was no suggestion that Lord Hoffmann was actually biased against Gen Pinochet. But he had "an interest in the outcome of the proceedings" (according to Lord Goff) and he was "in effect, acting as a judge in his own cause" (according to Lord Hope).
Lord Hutton said "public confidence in the integrity of the administration of justice would be shaken if his decision were allowed to stand." The law lords agreed that Lord Hoffmann had sat while disqualified and ordered a fresh hearing.
The Hoffmann affair must have done great damage to the international reputation of the English judiciary. Lord Hoffmann never explained and never apologised.
Legal precedent set
Gen Pinochet emerged a little better off from Round Three of the legal action. The law lords decided that he could only be extradited in respect of torture charges relating to the period after 8 December, 1988.
That was when the British government had ratified an international agreement making it an offence in the United Kingdom to commit torture abroad. Since Gen Pinochet had stepped down as president of Chile in 1990 not many of the torture allegations were covered by this ruling, though others were added later.
But the principle was still as strong as ever. Gen Pinochet could not claim absolute immunity. This time by a majority of six to one, the law lords said that a former head of state could not get away with committing an international crime. And torture was an international crime wherever it may have occurred.
The word has gone round. Former dictators living in safe havens now travel abroad at their peril. General Pinochet may have escaped extradition but even former heads of state accused of the most serious crimes will now be called to account.
STOCKHOLM SYNDROME: Fijians keep voting for these two COUPISTS
Bainimarama to Qarase’s secretary: “You people fuck each other, your time is over.”
A thoroughly shameless foul-mouth coward representing the people and nation of Fiji as an unelected and illegal Prime Minister was violently abusive to the bitter end. We met Captain Damuni in the narrative in 2003 when he was ADC to the President.
Curiously, on the morning of 5 December 2006, he called Qarase’s private secretary (Sakiasi Ditoka) from the military barracks on behalf of Bainimarama and warned him to prepare himself [the private secretary] to be taken to prison along with Prime Minister Qarase and the then CEO in the PM’s Office Jioji Kotobalavu.
Damuni was part of the army officers who had forcibly removed arms from King’s Wharf despite protestations from Hughes. He had been warned to be sent to Nukulau Island one day for his support for Bainimarama’s threatened coup. His phone call was merely a curtain-raiser - a more sinister and chilling call, intended for Qarase who had remained defiant in the face of calls to resign and hand power to Bainimarama.
As Qarase remained barricaded in his Suva home, the phone finally came in the afternoon from Bainimarama right-hand man Captain Penioni (Ben) Naliva’s number. Naliva said hello and then gave the phone to Bainimarama who then proceeded to swear at PM Qarase and his secretary in Fiji.
He used filthy native Fijian swear words that were unbecoming of his office and especially the one that he was illegally seizing. It appeared that Bainimarama was enraged at the news items of the coup especially the interviews of Prime Minister Qarase by the international press.
He used words to this effect, “------, na cava tale dou se cakava tiko qori? Tukuna vua na luve ni magaitinana qori me sogota na gusuna de’u na lako yani i keri me’u yarataka na domona me vakavodoki i na waqa me fuck-off laivi i nodratou koro. Cava dou vinakata mo dou lai laulaumoku yani e keri? Dou veicai, sa oti na nomudou gauna. Tukuna vua na tamata qori me sogota na gusuna de’u na qai gole sobu yani me’u lai sogota vua”
It can be translated as follows: “------, what else are you people doing there? Tell that son of his mother’s vagina (referring to the then Prime Minister Qarase) to shut his mouth or I’ll come down there and drag him by the neck so that he can fuck-off to his village. Do you people want to be beaten up? You people fuck each other, your time is over. Tell that person (again referring to Qarase) to shut his mouth or I’ll come down to shut it for him.”
In the evening, at 6pm, Bainimarama seized power justifying his coup based on The Doctrine of Necessity,
A thoroughly shameless foul-mouth coward representing the people and nation of Fiji as an unelected and illegal Prime Minister was violently abusive to the bitter end. We met Captain Damuni in the narrative in 2003 when he was ADC to the President.
Curiously, on the morning of 5 December 2006, he called Qarase’s private secretary (Sakiasi Ditoka) from the military barracks on behalf of Bainimarama and warned him to prepare himself [the private secretary] to be taken to prison along with Prime Minister Qarase and the then CEO in the PM’s Office Jioji Kotobalavu.
Damuni was part of the army officers who had forcibly removed arms from King’s Wharf despite protestations from Hughes. He had been warned to be sent to Nukulau Island one day for his support for Bainimarama’s threatened coup. His phone call was merely a curtain-raiser - a more sinister and chilling call, intended for Qarase who had remained defiant in the face of calls to resign and hand power to Bainimarama.
As Qarase remained barricaded in his Suva home, the phone finally came in the afternoon from Bainimarama right-hand man Captain Penioni (Ben) Naliva’s number. Naliva said hello and then gave the phone to Bainimarama who then proceeded to swear at PM Qarase and his secretary in Fiji.
He used filthy native Fijian swear words that were unbecoming of his office and especially the one that he was illegally seizing. It appeared that Bainimarama was enraged at the news items of the coup especially the interviews of Prime Minister Qarase by the international press.
He used words to this effect, “------, na cava tale dou se cakava tiko qori? Tukuna vua na luve ni magaitinana qori me sogota na gusuna de’u na lako yani i keri me’u yarataka na domona me vakavodoki i na waqa me fuck-off laivi i nodratou koro. Cava dou vinakata mo dou lai laulaumoku yani e keri? Dou veicai, sa oti na nomudou gauna. Tukuna vua na tamata qori me sogota na gusuna de’u na qai gole sobu yani me’u lai sogota vua”
It can be translated as follows: “------, what else are you people doing there? Tell that son of his mother’s vagina (referring to the then Prime Minister Qarase) to shut his mouth or I’ll come down there and drag him by the neck so that he can fuck-off to his village. Do you people want to be beaten up? You people fuck each other, your time is over. Tell that person (again referring to Qarase) to shut his mouth or I’ll come down to shut it for him.”
In the evening, at 6pm, Bainimarama seized power justifying his coup based on The Doctrine of Necessity,
