"BACK TO DEMOCRACY FOR FIJI"

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 5:26am

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February 03, 2010
Nazhat Shameem Defends Her Handiwork (Part 2)

Man oh Man! Naz give it UP already girl.


We awaken this morning to listen her now defending the military regime's new and illegal Crimes Decree:
Fiji Media misunderstands new crime decree
Wednesday, February 03, 2010

The Fiji media has misunderstood the new criminal procedure decree, says former high court Judge Nazhat Shameem.

Shameem says the new decree specifically deals with cases that are being transferred to the High Court and not other cases.

"The provision in section 201 of the new criminal procedure decree restricts the publication of written reports or broadcasts in relation to proceedings before they are transferred to the high court, so they are referring to cases that are going to be tried in the high court or are being transferred to the high court. So for instance they would apply to murder cases or rape cases which can only be tried in the high court."

Shameem says the decree is clear on what the media can report.

"The restrictions are set out in section 201 of the Criminal Procedure Decree and the restriction is that until the transfer to the high court the media may only publish, broadcast a report of the transfer proceedings, the identity of the court, magistrate, the name, age, occupation of the accused person, the summary of the charge, the name of the lawyers and whether or not the accused person is remanded in custody or on bail."

This she says is no different from the previous laws.

“So in fact as far as restrictions on the media reporting matters in Court prior to transfer, the law hasn’t changed at all.”
Firstly Shameem asserts that "new (muzzling) decree specifically deals with cases that are being transferred to the High Court and not other cases...for instance they would apply to murder cases or rape cases".

Unfortunately she conveniently forgets to mention that the High Court is also dealing with many (otherwise clear-cut) FICAC cases involving many individuals that Bainimarama deems as enemies, which are oddly being bundled up as "consolidations" (ref: Qarase & Weleilakeba, Qarase & NLTB officials, Jalal & Tuisolia) to supposedly make it worth the High Court's time.

Shameem say's the decree is no different from previous laws. Then why the need to reiterate the obvious and roll out a new one?

If she's trying to side-step any involvement with all the rolled out draconian and illegal muzzling legislation, we're pretty sure she won't be able to resist being involved with the in-the-pipeline Media Decree.

The point here is that it's not the media's job to automatically understand all the underhanded merits of their illegal legislation. That's what she's supposed to be getting paid for as a treasonous consultant to the military regime.

She got her foot in the door by firstly working an issue close to the hearts of women in this country, like domestic violence, which essentially lulled the women into acquiescence of the broader issue of illegal legislation.

Smooth Naz. Very smooth. Not.
Posted by Keep The

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 7:58am

Naz Shammem the consultantr who did not want to sign the illegl oath to be part of Bainimarama,s Illegal Govt. is now showing why she took the high road only to appear embroiled in the thick and thin of this illegal adminstration. Yes the author of all these Decrees that the illegal regime is governing under was and is the brainchild of Naz Shammem.
Now we know why the Treason and Sedition were promulgated. It is to protect Baibnimarama with his act of treason on the people of Fiji.Now we are seeing why they do not want to give up power.Even the 2 year limitation clause is done solely to protect Bainimarama.
I have said before that only a fool will rule that treason is done in good faith.No judge in the world will ever agree that human rights abuse is done in good faith. This is what happens when one is trying to hide his or her crimes in the realm of the law. It does not work. But then again with the propped up High Courts in Fiji it will be a foregone conclusion that Bai will walk until he runs into a democratically Govt devoid of military influence.

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 5:33am

Listen to MP3 of this story ( minutes)
Alternate WMA version | MP3 download
MARK COLVIN: Australia has waived its travel ban against a senior member of Fiji's military-led Government. Fiji's Foreign Minister will now be able to travel to Canberra for talks tonight aimed at restoring frayed diplomatic ties.

Tit-for-tat expulsions late last year marked a low point in relations with the regime of Commodore Frank Bainimarama. Now, Ratu Inoke Kubuabola is in Canberra for what are billed as private talks with Foreign Minister Stephen Smith and their New Zealand counterpart, Murray McCully.

From Canberra, Radio Australia's Linda Mottram reports.

LINDA MOTTRAM: The downward spiral in relations between Australia and New Zealand on the one hand and Fiji on the other, hit a new low last November. That's when Fiji expelled the two countries' high commissioners, over allegations of interference in Fiji's appointment of judges, and Australia and New Zealand reciprocated, denying the claims.

It left particularly New Zealand with its strong ties to Fiji, but normally small diplomatic presence there, virtually unable to carry out vital consular tasks. Now, there's an attempt to get diplomatic ties back on track.

STEPHEN SMITH: Interim Fiji Foreign Minister Kubuabola will meet in Canberra with Minister McCully and I to discuss these diplomatic issues.

LINDA MOTTRAM: Australia's Foreign Minister Stephen Smith announcing the planned private meeting in Canberra, after he'd held a round of regular bilateral talks with New Zealand's Murray McCully. To make the private meeting happen, Mr Smith waived Australia's travel ban that applies to members of the Bainimarama regime as part of the sanctions imposed over the December 2006 coup, and continuing suspension of democracy in Fiji.

And both Murray McCully and Stephen Smith are emphatic the meeting in no way represents a change in their hardline views on Fijian coup politics.

STEPHEN SMITH: We are not proposing to discuss those matters which go to the Pacific Islands Forum's decisions in respect of Fiji, nor indeed the Commonwealth's decisions in respect of Fiji but to see if it is possible to put the formal diplomatic relationship between Australia and Fiji and New Zealand and Fiji onto a better footing.

LINDA MOTTRAM: Having had now a total of three heads of mission sent home by Fiji, New Zealand is particularly anxious. And just before Christmas Mr McCully flew to Nadi to meet Foreign Minister Kubuabola to try to make some headway.

They agreed to reinstate a consular position in their respective high commissions. But the nominee from Fiji was provocative some say, in key Bainimarama offsider Colonel Neumi Leweni, who's also on the Australian and New Zealand travel bans list. Murray McCully refers to him simply as an alleged nomination.

MURRAY MCCULLY: We don't discuss proposed diplomatic appointments.

LINDA MOTTRAM: As to what might be achieved by the meeting with Foreign minister Kubuabola in Canberra, Mr McCully spelled out a quite fundamental obstacle.

MURRAY MCCULLY: We need to get to a point with Fiji where we can maintain missions regardless of serious disagreements we have about matters of strongly held principle. And that is not something that is accepted yet. We are going to have to spend some time trying to get to that point.

LINDA MOTTRAM: Stephen Smith was also keeping expectations low. The significance of the meeting was that there was to be a meeting. A decision to have another meeting would be regarded as progress. So he saw no quick prospect of restoring full diplomatic ties.

STEPHEN SMITH: I think a lot of water will need to go under the bridge before those respective high commissioners can be reinstated.

LINDA MOTTRAM: Fergus Hanson from the Sydney think tank the Lowy Institute for International Policy met with Foreign Minister Kubuabola two weeks ago in Suva.

FERGUS HANSON: The sense that I got was that they were interested in restoring diplomatic relations between the two countries and that an approach of conflict wasn't in either side's interest. And I think also obviously they were very keen to get a softening in some of the sanctions that have been leveraged against the regime.

LINDA MOTTRAM: Other observers though say the Fiji Foreign Minister carries little weight in the Bainimarama regime and they caution Australia and New Zealand not to give anything to Fiji that could be used to legitimise the regime.

MARK COLVIN: Linda Mottram.

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 5:38am

Australia, N.Zealand hold rare talks with Fiji
By Amy Coopes (AFP) – 5 hours ago

SYDNEY — Australia and New Zealand held rare talks with Fiji's military regime Wednesday in a bid to strengthen dialogue and press for a return to democracy, officials said.

Foreign Minister Stephen Smith said he and his visiting New Zealand counterpart Murray McCully agreed to meet Fiji's interim Foreign Minister, Ratu Inoke Kubuabola, on the margins of their own talks in the Australian capital.

"I've always made the point clear that despite our very strong disagreement with Fiji over its return to democracy, its freedom of expression of thought in Fiji, and its freedom of lawful activity, we do want to continue to have a dialogue with Fiji," Smith told reporters.

"We see our joint meeting with interim Foreign Minister Kubuabola as being part of that process."

Among the military regime's most strident critics, both New Zealand and Australia's chief diplomats were expelled from the capital Suva last November, which Smith said left both nations "bereft" of the ability to initiate or have meaningful talks.

"We don't want Fiji to be isolationist, and we've always held ourselves out as willing to have a dialogue," he said.

"I'm not expecting that all of those issues or problems will be solved in one meeting, but we do want to start that process."

Both Smith and McCully stressed the meeting did not signal a change to their "very strong" views about Fiji's need to return to democracy, nor did it mean sanctions, including travel bans, would be lifted.

McCully said the talks would focus on ways the two countries could "get to a point with Fiji where we can maintain missions, regardless of serious disagreements."

Smith added that "a fair amount of water will need to go under the bridge" before Suva agreed to reinstate Canberra and Wellington's top envoys.

"But what is the significance or importance of the day's meeting is the actual having of the dialogue," he said.

"It may well be that all we agree as a result of the day's meeting is to speak again in the future. Frankly, I'd regard that myself as progress."

It is the first meeting of Australian and Fijian foreign ministers since military leader Voreqe Bainimarama tore up the constitution in April in response to a court ruling that his regime was illegal, said Pacific expert Brij Lal. Bainimarama overthrew Fiji's elected government in a 2006 coup.

"Certainly this is the first time in a long, long time that a minister from the Fiji government has been allowed to come to Australia to meet with a minister here," said Lal, professor of Pacific politics at the Australian National University.

"I think all talks thus far have been outside Australia."

Fiji was suspended from the 16-nation Pacific Islands Forum in May last year and from the Commonwealth in September over Bainimarama's broken promises to hold elections by March 2009.

He also sacked the judiciary and tightened media censorship following the court ruling, prompting widespread international condemnation led by Australia and New Zealand.

Lal said the latest talks showed "a commitment on the part of Australia and New Zealand to engage with Fiji."

"But on the other hand all these good gestures might not come to fruition," he said.

Copyright © 2010 AFP. All rights reserved. More »

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 7:37am

Wednesday, February 3, 2010
What act of TREASON is done "in good faith"?
The decree factory seems to be working around the clock and on overdrive these days. After the tirade by Bainimarama to the people of Kadavu on how after his elections in 2014, the new democratic government and the people of Fiji will still be under his brand of "democratic" rule (AKA- DICTATORSHIP) should be of GRAVE CONCERN to all who treasure and value the real ideals of a democracy.


TRUE EVERLASTING FREEDOM! LIBERTY! POWER TO THE PEOPLE!


Back to the subject at hand, we wish to question, what exactly is an act of treason that is done "in good faith"?

Fijivillage report: A new section is included under the Treason and other Offences Against Government Authority part of the Crimes Decree, and it mainly focuses on the court to have regard to which a conduct occurred including whether the person charged with an offence under this part conducted the act in good faith.

The section deals with the determination of certain elements of offences under the part of the decree which the court should take into regard.


Is this Bainimarama and his cohorts trying to tell us that his coup was done "in good faith", so, the "circumstances" in which his treasonous (illegal/dubious as provided in the Qarase vs Bainimarama Court of Appeal Judgment ABU0077 of 2008S) act took place had to be considered? Good faith for what? or for whom?


Treason
64.—(1) A person commits the indictable offence or resident, the person—
(c) causes harm to the President or the Prime Minister, or imprisons or restrains the President or the Prime Minister; (Didn't Bainimarama do this after his Dec. 5, 2006 coup to PM Qarase?)


Let's not beat around the bush on this one. Make it clear, good faith or not, WHEN A PERSON OR A GROUP USE GUNS TO DEMAND THAT AN ELECTED GOVERNMENT BE DEPOSED, IT SHOULD BE WRITTEN IN LAW, THAT THAT IS AN ACT OF TREASON. Period.


We know from our coup history that ONLY THE PEOPLE WITH GUNS OR ACCESS TO IT, have been the ONLY ONES who are perpetuating our country's UGLY coup culture. We have mentioned this before and will say it again - THE GUNS IN OUR MILITARY is the ROOT OF OUR PROBLEMS. Because even an intelligent person will be made a coward when they believe that it is only with the use of guns can they dictate to a nation of people. And more dangerous though, is when a group of UNDEREDUCATED people with guns believe they are heaven's answer to a problem that is NON-EXISTENT.


GUNS as we know is used to PROTECT ONE FROM ITS ENEMIES AND/OR MAIM AND KILL ENEMIES!

Fijivillage reports: Section 70 of the Treason part of the decree states that for the purposes of determining whether a person has intended that force or violence shall occur in the context of an offence under the Treason section, the court shall have regard to the context in which the conduct occurred, and whether the person conducted the act in good faith to show that the President, the Prime Minister, their advisers or a person responsible for the government of another country were mistaken in any of their counsels, policies or actions.

From the moment Bainimarama and the Fiji Military threatened the Fijian government, with GUNS in tow, their intention was to use FORCE! That is not something that should be decreed as ACCEPTABLE BEHAVIOUR because IT IS NOT! It is BARBARIC and INHUMANE!

Fijivillage reports: Under the Treason Section of the Crimes Decree, the courts shall also take into account on whether the person acted in good faith to point out errors or defects in the government of Fiji, the constitution, legislation of Fiji or another country and the administration of justice of or in Fiji, or another country, with a view to reforming those errors and defects.

The court shall also have regard on whether the person charged with an offence under the Treason section is pointing out in good faith, any matters that are producing or having a tendency to produce feelings of ill-will or hostility between different groups, in order to bring about the removal of these matters.

LAME EXCUSE! Normal people use proper democratic channels like the vote of no confidence, courts of law and elections to point out errors or defects in a government. ONLY cowards and lunatic brandish GUNS at unarmed peaceful citizens to get what they want. Is that what our societal values have been dragged down to? To USE force to get what you want. You can't be hypocritical in your crimes decree to say, prostitutes and those who practice abortion have to pay for their crimes, but power-mongers who use guns ("in good faith") to depose an elected government should not.



Fijivillage reports: Meanwhile the statute of limitation of two years for the offence of treason is no longer in place after the Crimes Decree came into effect on Monday.

Under the Penal Code which is now repealed, a person could not be tried for treason, misprision of treason and instigating invasion, unless the prosecution is commenced within two years after the offence is committed.

Now there is a major change because in the past, police and prosecutors faced major difficulties and could not charge a person with treason or other treasonable offences if two years had lapsed after the offence was committed.

The two year limitation has been taken away under the Crimes Decree.


So, come elections after 2014 we can all take Bainimarama and his cohorts to court (like Chandrika Prasad) so, we can really make a better Fiji for our children and grandchildren free of military idiots who think their guns can allow them to make illegal acts "in good faith".
BRING IT ON!
Posted by Tears for Fiji at 4:29 AM
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Permalink Reply by Loruama Tawawili on February 3, 2010 at 7:46am

News Opinion Taiwan Living Learn English The China Post Subscribe RSS Feeds AsiaOtherVietnamThailandTaiwanSingaporePhilippinesPakistanNew ZealandMalaysiaKoreaJapanIndonesiaIndiaAustraliaChinaREGIONALBUSINESSUpdated Wednesday, February 3, 2010 5:24 pm TWN, By ROD McGUIRK, AP
Australia relaxes travel ban for Fijian minister
CANBERRA, Australia — Australia has relaxed a travel ban on members of Fiji's military-led regime to allow the first Fijian minister to visit Canberra since a 2006 coup on the South Pacific island nation created a deep diplomatic rift.
Foreign Minister Stephen Smith said he had invited his Fijian counterpart, Ratu Inoke Kubuabola, to a trilateral meeting in Canberra on Wednesday to discuss restoring senior envoys to their posts in Australia, Fiji and New Zealand.


New Zealand Foreign Minister Murray McCully will also attend the meeting, which indicates a thaw in diplomatic relations that have been in tatters since Fiji's democratically elected government was overthrown by military commander Frank Bainimarama.


Fiji has since expelled Australian and New Zealand top envoys, known as high commissioners. Australia and New Zealand retaliated by expelling Fijian high commissioners.


Smith said he expected the meeting would start the process of restoring all diplomatic heads their former posts. Australia was not backing down from its view that Fiji must return to democracy, he said. But he added, "We've also always made the point that there's a need to have a dialogue."


Fiji's Foreign Ministry confirmed on Wednesday that Kubuabola was in Australia. He could not be immediately contacted for comment.


Bainimarama has resisted international pressure to restore democracy or to ease strict censorship before his timetable for elections in 2014.


Ron Huisken, an Asia-Pacific security expert from the Australian National University's Strategic and Defense Studies Center, said Australia's desire to thaw relations could stem from concerns about growing Chinese influence in Fiji and elsewhere in the South Pacific.


"That is a legitimate piece of speculation," Huisken said.


Bainimarama visited Beijing last year to seek aid for Fiji's sinking economy.


The Canberra meeting comes after U.S. Secretary of State Hillary Rodham Clinton announced the Obama administration wanted to engage with the Pacific region.


Her plans to visit Australia, which regards the United States as its most important ally, as well as New Zealand and Papua New Guinea, the most populous South Pacific island nation, were canceled at the 11th hour due to the Haiti earthquake last month.


President Barack Obama is due to visit Australia in late March, as well as the Pacific U.S. territory of Guam and Indonesia, the Southeast Asian nation where he spent part of his childhood.

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Permalink Reply by Loruama Tawawili on February 3, 2010 at 8:36am

I hope Australia is not caught up with another human rights abuser like Driti or Qilio being put forward as Diplomats as drummer boy Leweni was pushed in NZ.As the article suggest Australia must remember that Kubuabola has no credibility whatsoever in this illegal Bainimareama led regime that is in power in Fiji today.He has gone from a neo Nazi nationalist to suddenly a non racist all encompassing entity just to get into the Govt and get employment.His job description:Masipoloist to Bainimarama.

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Permalink Reply by Justin on February 3, 2010 at 8:40am

Witness tells of terror plans in kill plot trial

A State witness in the trial of eight men charged with conspiracy to assassinate Fiji Prime Minister Commodore Voreqe Bainimarama and other top government figures has told of plans to blow up Nadi International Airport and the Monasavu dam.

Lance corporal Peniasi Kuli gave account through an interpreter that he attended meetings in 2006 with former agriculture minister Apisai Tora and Tailevu chief Ratu Inoke Takiveikata where plans to blow up the Nadi International Airport and the Monasavu dam were discussed.

Kuli was an army intelligence officer working under cover at the time.

The accused include Naitasiri high chief Ratu Inoke Takiveikata, Feoko Gadekibau, Barbados Mills, Sivaniolo Naulago, Metuisela Mua, Eparama Waqatairewa, Kaminieli Vosavere and Pauliasi Ramulo.

The evidence heard today was primarily against first defendant Sivaniolo Naulago, an IT consultant with the now disbanded Pacific Connex Ltd, jointly owned by the Native Land Trust Board, Vanua Development Corporation and businessman Ballu Khan.

Naulago is alleged to have held meetings at the Fiji Teachers Association hall which Kuli attended.

Kuli said the meetings discussed a list of weapons that were to be used to murder Bainimarama as well as different methods including a head-on car collision and food poisoning.

Defence lawyer Mehmood Raza cross examined Kuli saying statements and facts he had earlier given police did not match with what he was telling the court.

The case is being heard by judge Justice Paul Madigan and five assessors.

The hearing continues this afternoon.

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Permalink Reply by Justin on February 3, 2010 at 8:42am

GUYS I THINK THIS GUY HERE KULI IS LYING......DIFFIERENT STORIES TO THE POLICE REPORT AND DIFFIRENT STORIES AGAIN IN COURT...
DUA NAKA SA LEQA TIKO..

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Permalink Reply by LOne rAnger aka StRYka on February 3, 2010 at 9:22am

o KULI-na e yaco tiko la na form 5 hahaha!! oti ra qai spy tale tikoga nona fam.

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Permalink Reply by Mere Tuisalalo Samisoni on February 3, 2010 at 10:35am

4/2/10
Justin,
In any independent justice system this "circumstantial evidence" would have been thrown out before being admitted because it presumes guilt before proving innocence.
Mere.

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Permalink Reply by Justin on February 3, 2010 at 10:29am

Cross-examination of state witness continues

Defence Counsels in the conspiracy to murder trial continued to cross-examine the State witness Lance Corporal Peniasi Kuli at the Suva high court yesterday.

One of the Defence Counsels is Iqbal Khan who is representing Naitasiri High Chief, Ratu Inoke Takiveikata who along with seven others, has been charged with conspiracy to murder the Prime Minister, Commodore Voreqe Bainimarama, Attorney General Aiyaz Sayed Khaiyum and former Finance Minister, Mahendra Chaudhry.

Khan asked Kuli to inform the court of the exact date of when the first meeting took place with Ratu Inoke, Kuli replied that he could not remember the exact date, but only recalled the month of which the meeting took place.

Khan then asked Kuli if he knew what the meaning of E.E.I. was, which refers to essential element of information, and being an intelligence officer for 10 years, he told Kuli that he must know the exact date and time of when the first meeting took place.

In response to this, Kuli mentioned, a Sergeant Waqa who was his superior, would know the exact time and date, as he would report to him after the meetings had taken place.

Khan told Kuli to read his Police Statement which he had given on the 3rd of November 2007, and asked whether he had agreed with the statement where he stated to Ratu Inoke that the only option was to remove the Prime Minister.

Kuli replied that he did not state that, but it was Ratu Inoke who had told him that.

Khan then questioned as to how this is so, as Kuli's signature was on the statement which states that he had made the suggestion to remove Commodore 0Bainimarama.

Khan went on to ask Kuli if there was any mention of the Attorney General Aiyaz Sayed-Khaiyum, and Former Finance Minister Mahendra Chaudhry during the very first meeting.

Kuli said there was no mention of the two until the second meeting.

Khan then asked Kuli to inform the court of what happened in the second meeting, and if there was any mention that the Attorney General and Former Finance Minister were going to be shot, to which Kuli replied that he could not recall.

Khan asked Kuli if he told Sergeant Waqa about the plan to shoot the AG and Chaudhry, Kuli said he did.

Khan asked Kuli if he could recall the date of the third meeting, Kuli said he could not recall the date however he did remember that it took place in Toorak, during the day.

Khan continues cross-examination today.

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