FNPF fiasco as revelaed by batikadi…

Bloggers, well here you have it from an insider whom I shall call ‘batikadi’. Vinaka batikadi and more revelations to come.

  

Tui Savu.

President.

 

The FNPF Investment Limited (a fully owned subsidiary of FNPF) has 80% of the share and 20% is owned by Fiji Investment Corporation (100% owned investment company of the Fiji Government – used to be run by Atama Maharaj until after the coup in 2006)

 

Government has not fully paid their shares in GPH Limited – a balance of about $250k is yet to be paid.

 

PM is his budget speech in November 2008 said that something will be done in the first quarter of 2009 – so the pressure was to keep up his promise.

 

The old Board were pressured by Parmesh Chand to do something (who was the FIC/Govt representative in the GPH Board). This could be one of the factors that led to their termination.

 

When John Prasad was the Chairman in July 2009 – one of his mandates from the PM was to sell GPH and no more subsidiary of FNPF and all the subsidiaries come under the Fund.

 

Last week of Aug to first week of Sep 2009 – John Prasad and Aisake Taito (CEO FNPF) flew to Singapore to sign a Sale & Purchase Agreement to sell “the old grand lady” at US$7.5 million with a deposit to the deal of US$250k.

 

When they went they did not take the seal of the GPH Limited – so the Agreement was signed without it; The company in Singapore signed even though they are based in Singapore they did not seal the Agreement. The Company in Singapore was cross checked by the Australian Chief Investment Officer in December 2008 – and he advised the Board against dealing with the said company.

 

The deposit is yet to be given and the FNPF and Government been saying in the Fiji Times lately that they are still trying to sell the GPH.

 

Holiday Inn is fully owned by the FNPF Investments – if someone with business acumen would check and ensure that the new Hotel Operator that is taking over GPH – to be in different line of service compared to the Holiday Inn. Yet no such clause was in the Sale & Purchase Agreement.

 

The Board that was terminated on 22 June 2009 – had agreed in the Board meeting in the earlier part of June 2009 to put $10 million into the project – renovate the GPH, landscape it and Holiday Inn to manage both and expand or separate the two properties when the economy picks up – use the synergy and the proximity of the sister property. But this did not come about when they were axed by the PM.

Flawed memo by Anthony Gates behind Frank’s decision to expel top Australian diplomats

 Bloggers, this was taken from Raw Fiji News, which in turn was taken from the Australian. It shows Gates as a pathetic, manipulating fellow who knew how to push the idiot Bainimarama’s buttons. His allegations against Sir Timoci Tuivaga pales in significance to his involvement in this coup!

• Tui Savu.
• President.

November 8, 2009

Merritt, Legal Affairs editor

From: The Australian

November 09, 2009 12:00AM

FIJI Prime Minister Frank Bainimarama expelled Australia’s High Commissioner last week after receiving a memorandum from the country’s chief justice containing fundamental errors about Australia’s travel bans on Fiji’s judges.

The memorandum, written by Anthony Gates, provides an outline of how the bans are working that appears at odds with first-hand information the judge received just five days earlier.

Chief Justice Gates told Commodore Bainimarama that Australia had adopted a “shabby policy” under which it was attempting to control which foreign judges were permitted to enter Fiji to join the judiciary.

“These policies are a quite indefensible interference in our judiciary,” wrote Chief Justice Gates, who holds dual Australian and British citizenship.

Australia’s Department of Foreign Affairs has said that, while Australia imposes bans on serving Fiji judges, the bans do not apply until foreign judges take their oath of office in Fiji.

Chief Justice Gates’s memo to Commodore Bainimarama also criticises a letter from Australia’s acting High Commissioner, Sarah Roberts, who had said the bans would be applied on a case-by-case basis. “Therein lies their plea of guilty to the charge of interference, for they will choose which judge to let in and which to refuse,” the Chief Justice wrote.

Within hours of receiving the Gates memo, which is dated November 3, Commodore Bainimarama held a news conference and announced that he was expelling top diplomats from Australia and New Zealand. The disclosure of the Gates memo is the latest indication of his key role in the deterioration in diplomatic relations with Australia.

Chief Justice Gates has confirmed that he provided a briefing on the travel bans to Commodore Bainimarama and Attorney-General Aiyaz Sayed-Khaiyum and had a meeting with Commodore Bainimarama last Tuesday, the day the expulsions occurred.

The issue at the heart of the Gates memo is an attempt by seven Sri Lankan judges and magistrates to obtain transit visas so they could fly through Australia to take up their judicial posts in Fiji. Commodore Bainimarama referred to this incident, and another involving New Zealand, when explaining his decision to expel the envoys.

What the Prime Minister did not reveal was that his government had threatened to take action against Australia over the travel bans well before the incident involving the seven Sri Lankans occurred.

Fiji served an ultimatum on Australia on October 23 threatening “further precipitate action” unless High Commissioner James Batley provided “unequivocal confirmation” by October 27 that the travel bans on Fiji’s judges had been reversed.
 
New Zealand received an almost identical ultimatum the same day.

Neither ultimatum, both of which have been obtained by The Australian, mentioned the Sri Lankan judges.

On the day Fiji’s foreign affairs secretary Solo Mara wrote the ultimatum to Australia, visa applications from the seven Sri Lankans had been with the high commission in Colombo for just two days.

This has been outlined by one of the Sri Lankans, K. Priyantha Fernando, in an email sent on October 30 to Sri Lanka’s honorary consul in Fiji, Ajith Kodagoda.

A copy was sent to the personal email account of Chief Justice Gates on the same day.

Justice Fernando’s account of his contact with the Australian high commission appears to be at odds with one aspect of the Gates memorandum.

Chief Justice Gates wrote that one of the Sri Lankans had taped a telephone conversation with an Australian visa officer in Colombo “in which the officer clearly said the visa was declined”.

According to Australia’s Department of Foreign Affairs, all seven Sri Lankans withdrew their applications before learning they had, in fact, been approved.

None had been rejected.

Justice Fernando’s email appears to be in accord with Australia’s version that the applications were withdrawn and not rejected.

“As we had to confirm the airline bookings and since we had not received the transit visa up to 29th October, 2009, we withdrew the applications,” the email says.

The alleged illicit recording that Chief Justice Gates referred to in his memorandum has been supplied to The Australian by Radio Fiji. It contains no reference to a visa application being rejected.

According to the department, the high commission in Sri Lanka had not recorded the conversations with the seven judges, but the department had obtained a copy of the tape on which there was no mention of a current visa application being rejected.

The recording makes it clear the conversation took place after the judge concerned had withdrawn an application for an Australian transit visa and had decided instead to fly to Fiji via Korea.

The recording does not contain the judge’s side of the conversation but does include an extensive explanation of the travel bans Australia applies to Fiji’s serving judges.

The fact this conversation took place after the visa application had been withdrawn is apparent from the way the consular officer responded to a remark from the judge.

“OK then,” the officer said. “Oh, OK, you are going by Korea as well are you? OK, no problems. Well be that as it may, thank you very much for your time.”

There is no suggestion it was Justice Fernando who made the alleged illicit recording. However, his email confirms the high commission told the judges about the travel bans on Fiji judges only after they had withdrawn their visa applications.

“This fact was never informed to us by the Australian high commission at the time I withdrew the application and received the passport or before,” he wrote.

“I am informed that some other judicial officers who applied for transit visa also received the same call after the withdrawal of the application stating that the officers will not be given visa to Australia during their tenure of office as judicial officers of Fiji,” Justice Fernando wrote.

Although the Gates memorandum says a visa officer “clearly said” on the tape that a judge’s application for a visa had been declined, the department said this was at odds with the structure of the high commission

Copy of Tui Savu’s 2nd letter sent to PM Rudd today

Dear Prime Minister Hon. Kevin Rudd MP,

Following on from my letter to you yesterday, I wish to elaborate further on my claim that enacting domestic laws prohibiting Australian nationals from assisting, supporting, taking up employment, consulting with, etc an illegal government is within the spirit of the Biketawa Declaration.

Article 2 (iv) of the Biketawa Declaration says:

“If after actions taken under (iii) the crisis persists, convene a special meeting of Forum Leaders to consider other options including, if necessary, targeted measures.”

There have been some commentators who have cautioned against using this Article to justify the imposing of sanctions because whatever guise it undertakes, it has been proven to violate human rights and they point to Iraq, Cuba, Haiti, etc.

Although this maybe true and will need full consultation with other Members of the Forum before it can be implemented, however the enacting of Australian domestic laws prohibiting Australian nationals from supporting, taking up employment, taking up any appointing, consulting, etc an illegal government is act Australia can take unilaterally and comes within the definition of ‘targeted measures.’

If each Forum Island Member State were to first start in their own backyards and enact their own domestic laws prohibiting its own citizens supporting, taking up employment, taking up any appointing, consulting, etc an illegal government, it not only encapsulates the spirit of the Biketawa Declaration, but it is also cost-effective and does not negatively impact on the innocent citizens as much as it does on the unscrupulous and opportunists foreigners and the illegal government.

It would also be the most humane of sanctions. I say the most humane because it portrays first of all Australia condemning the illegal government and then acting consistently by prosecuting its own citizens who supports, takes up employment or appointment, etc with the said illegal government.

This act will go a long way towards the permanent eradication of the coup culture in Fiji and prevent it from spreading within the Region, which was one of the main concerns behind the formulation of the Biketawa Declaration.

Australian nationals like illegal Chief Justice Anthony Gates and illegal Legal Services Commission John Connors who delight and thrive on their close association with the illegal government in Fiji and unashamedly prostitute themselves on its behalf, shows utter contempt on your government’s stance.

Australia is the major power amongst the Pacific Island States and I urge you to take up the leadership challenge and start first at home by laying down long term strategies, which are consistent with Biketawa Declaration starting with the enactment of a domestic law prohibiting any Australian national from supporting, taking up employment, taking up any appointing, consulting, etc an illegal government anywhere into the world.

Vinaka vaka levu.

• Tui Savu.
• President.
• Solivakasama World Wide Movement

Well Anthony Gates, you have f@#!.,^# up big time!

  I find it ironic when the wannabe illegal chief justice Anthony Gates, who portrayed himself as a ‘constitutionalist’ in his Chandrika Prasad ruling and levelled allegations against for Chief Justice Sir Timoci Tuivaga, ousted Chief Justice Daniel Fatiaki and former Justice Michael Scott for acting improper during the Speight coup is now committing the very same offence!

It is very clear that Anthony Gates together with Aiyarse briefed Frank and recommended the removal of the Australian and New Zealand diplomats from Fiji. Inoke Kubuabola was left in the dark, so he should now realise that he is not an integral part of the power structure and his current tenure as Minister for Foreign Affairs is as permanent as the morning dew.

Actions speak louder than words and Anthony Gates is proving just where his allegiance lies and what his true beliefs are in his taking an active and proactive stance together with Frank Bainimarama. You have totally dishonoured yourself Anthony Gates and you will pay for your crime.

• Tui Savu.
• President.

Copy of Tui Savu’s letter to Australian PM Kevin Rudd and South Pacific Island Leaders sent today

 

Dear Prime Minister Hon. Kevin Rudd MP,

As President of the Solivakamasa Worldwide Movement, I wish to raise my grave concerns of the perpetuating of the coup culture in Fiji with disastrous implications for the Pacific Island Region. Solivakasama is one of Fiji’s most popular freedom blog sites, which opposes the illegal junta in Fiji with close to 2 million hits since its launch some 12 months ago.

I have been a constant critic against the Military Dictator Commodore Frank Bainimarama prior to his December 2006 coup up to the current time.

The deportations of the Australian High Commissioner and the New Zealand High Commissioner from Fiji 2 days ago and the torture and unlawful treatment of Prof. Brij Lal an Australian citizen, reveals the total dominance and intimidation Frank Bainimarama has over the helpless victims of Fiji.

Frank’s illegal regime continues to thrive because of unscrupulous and opportunistic individuals mainly from both Australia and New Zealand, whom have accepted very strategic and lucrative positions in government and whom have directly contributed to the furtherance of the illegal regime’s rule in Fiji.

I specifically refer to illegal Chief Justice Anthony Gates, an Australian citizen who accepted his unlawful appointment after Chief Justice Daniel Fatiaki was removed in early 2007. He was reappointed as the illegal Chief Justice after the abrogation of the 1997 Constitution, which he defiantly upheld in 2001, when Frank Bainimarama tried to abrogate it through his Chandrika Prasad ruling. He is seen by many as the catalyst for this diplomatic row between Australia, New Zealand and Fiji and is a staunch Frank Bainimarama supporter.

I also mention, John Connors, an Australian national who accepted his unlawful appointment as Commissioner into the Commission of Inquiry in the Magistrate’s Court by the then incompetent and illegal President Josefa Iloilo in September 2007, then after the abrogation of the 1997 Constitution in April 2009, accepts his recent appointment as Commissioner of the Legal Services Commission in September 2009 from the illegal regime.

I also mention Christopher Pryde, a New Zealand national, who initially came to Fiji and take up appointment with the illegal regime as a government lawyer, then was promoted to Solicitor General in July 2007, then reappointed as Solicitor General after the abrogation of the 1997 Constitution in April 2009 and most recently taken on the added portfolio of Permanent Secretary of Justice, Electoral Reform and Anti-Corruption.

I mentioned in my previous letter to you that the only way the coup culture can be permanently eradicated in Fiji and the Pacific is for Australia, New Zealand and all Pacific Island Forum Members to enact domestic laws and signing an MOU making it illegal for any of their citizens to assist, consult, take up appointments, take up employment, etc with any illegal regime within its members or anywhere in the world.

The constant political upheavals in Papua New Guinea, recent ethnic tensions in the Solomon Islands and riots in the Kingdom of Tonga serves as a warning and reminder of the tender fabric of democratic principles and institutions, still taking root in the South Pacific Region and will need patience, assistance, co-operation and understanding to nurture it to become strong and self sustaining nations. 

This I believe is in line with the Biketawa Declaration as Fiji is a failing State and it is certainly in Australia, New Zealand and the South Pacific Forum Member’s national interests to permanently eradicate the coup culture because to ignore, condone or acquiesce the coup culture will be disastrous and detrimental in the long run because it will only attract unwanted influences, organised crime, etc into the Region, which will be more expensive and very difficult to curtail in the future.

I commend you and your government’s strong stance against Military Dictator Frank Bainimarama and his illegal regime, but now urge you to enact domestic laws making it illegal for any Australian citizen to assist, take up appointments, take up employments, etc with any illegal regime and if found guilty, to face penalties such as confiscation of proceeds of crime, etc.

I also ask that you urge the Leaders of New Zealand and South Pacific Island Forum to adopt the same and enact their own domestic laws in accordance with the spirit of the Biketawa Declaration.

I look forward to seeing the adoption of this domestic law in Australia in due course.

• Tui Savu.
• President.
• Solivakasama Worldwide Movement.

Australian academic expelled from Fiji

Posted 1 hour 40 minutes ago

Updated 12 minutes ago

In custody: Professor Brij Lal was was involved in drafting Fiji’s constitution in 1997. (National Library of Australia)

Fijian-born Australian academic Brij Lal has been ordered out of the Pacific nation just hours after speaking to the ABC about the current diplomatic stoush between the two countries.

Professor Lal’s expulsion is the latest in a series by Fiji’s military ruler Frank Bainimarama, who last night expelled Australia and New Zealand’s high commissioners.

Commodore Bainimarama claimed both countries had been trying to undermine Fiji’s judiciary and weaken the economy.

Today Australia and New Zealand retaliated by expelling Fiji’s top diplomats.

The professor’s family says he was escorted from his home in Suva this afternoon by the military, who refused to provide the reason for his detention or where he was being taken.

He was given 24 hours to leave the country.

Earlier, his family said the military had been refusing to confirm he was in custody.

Professor Lal, from the Australian National University (ANU), is an Australian citizen and a leading academic and researcher on Fiji’s political history.

He was was involved in drafting the country’s constitution in 1997 and has been living in Fiji for the past three months.

The latest row has been described as a tragedy for the Fijian people, and one that will further isolate the Pacific island nation from the rest of the world.

Fiji thrown into confusion

Only hours before his arrest, Professor Lal spoke to ABC Radio’s PM program about the sense of confusion amongst Fijians.

"I think that on the whole there’s a sense of puzzlement and a sense of disappointment that this has come to pass," he said.

"This is unfortunately as tragedy for this country."

In September, Fiji was expelled from the Commonwealth for failing to agree to hold a democratic election by next year.

Today Professor Lal said he was doubtful Commodore Bainimarama’s promised 2014 poll would come to pass.

"I just hope that these diplomatic rifts and other such issues will not be used to delay Fiji’s return to parliamentary democracy because at the end of the day, any prolonging of this is simply going to compound the problems of ordinary citizens of this country," he said.

Rudd resists culture of coups

Earlier today, Fiji’s acting Attorney-General, Aiyaz Sayed-Khayum, told Radio New Zealand the sanctions imposed by Australia and NZ were hampering the rule of law in his country.

But Prime Minister Kevin Rudd says Australia is not about to back away from his government’s tough approach to Fiji.

He says he does not want to see what he calls the culture of military coups spread in the Pacific.

"We are not about to legitimise what is a regime which has obtained power through military force," he said.

"We do not want that culture to spread anywhere else in the South Pacific."

Foreign Minister Stephen Smith insists expelling Fiji’s diplomat is not a tit-for-tat response because Fiji had said it would recall its diplomat anyway.

"Very regrettably we came to the conclusion that the only response could be a proportionate response," he said.

Hey Gates, you and President Eveli Nalatikau are both extensions of the illegal junta in Fiji…..

Bloggers, wannabe CJ Gates is so disillusioned he cannot see his own error. He condemns the travel bans imposed by Australia and New Zealand on the judiciary based on the fact, the judiciary is appointed by the illegal President and not the illegal junta, as if that exonerates them of any illegality! Who recommends Judicial appointments to the illegal President? The illegal wannabe AG Ayarse!

Gates, who appointed the illegal President, after the abrogation of the 1997 Constitution, which he strongly defended in his Chandrika Prasad ruling? The illegal President is an extension of the illegal junta, the same as the judiciary and there is no need for a judiciary in Fiji because it an arm of the illegal junta and will rule in their favour all the time.

I ask Australia and New Zealand to not only continue imposing travel bans on these opportunists, but begin enacting your own domestic laws making it illegal for your own citizens to assist illegal governments like in Fiji!

• Tui Savu.
• President.

The suspense is almost unbearable………

Bloggers, well the plot thickens as Eveli Nailatikau is finally officially announced as Fiji’s new illegal 4th President. Interestingly enough, Frank told reporters that Eveli’s appointment will be confirmed during Tuesday’s Cabinet next week, so did Cabinet already approve of Eveli’s appointment or did Frank decide for them instead? Wonder what must be going through Ayarse and Pryde’s mind at this very moment?

Driti has been given the golden handshake and sent off to Iraq with Ului Mara not only Army Chief of Staff, but could also be Land Force Commander making him the most influential Army Officer on a day-to-day basis! Qarauna Frank!

I wrote of ‘common interests’ a long time ago stating these people all came together with their own selfish agendas, power-hungry ambitions, self-preservation from criminal charges, etc  but all shared the common objective, which was to get rid of Qarase!

Now after that was achieved, which was the easiest part, they are now finding it very hard indeed to work together or trust each other because they all came on board for very different and selfish reasons. As I said yesterday bloggers, stay tuned for more upheaval because these people only look out for #1!

Once again, I acknowledge FIJI SILENCED for this picture and keep up the good work!

• Tui Savu.
• President.

Frank, caught between a rock and hard place!

Folks, something seems not right, when you have Frank giving Fiji Sun an exclusive saying Eveli Nailatikau was appointed President earlier this week. “We will have everything discussed in our next Cabinet meeting,” said Mr Bainimarama.

When I say something does not seem right because on Fiji Government Online, the latest Cabinet Release is dated 21/10/2009 and is in relation to Cabinet approving redeployment of funds for rehabilitation of ex offenders. No mention of this appointment. This supposed Cabinet decision is not found in any other news media, when it should.

Interesting if Eveli Nailatikau is made President, then he becomes Commander-in-Chief of the Military, making Frank subservient to him and with his brother-in-law, Ului Mara Commander of the 3 FIR, it places Frank  in a very vulnerable position because when the heat is on, guess who will be left to face the music?

Also if Epeli Nailatikau is made President, then Aiyarse, Pryde and company must be looking at their exit plans because they know too, that Epeli Nailatikau and his wife will only look after themselves and very close relatives and no one else. Frank will get a true taste of the ‘vere vaka Bau’.

On the other hand, if Frank recant’s his statement and blames the Fiji Sun as misquoting him, then it will also create dissension within the ranks!

Stay tuned people because another episode of the ‘dysfuntional junta’ is about to begin! That you FDN for this picture and keep up the good work.

• Tui Savu.
• President.

John Connors, where is your honour?

Former High Court Judge John Connor’s hearing complaints against lawyers on charges brought about by the Chief Registrar smacks of hypocrisy and inconsistency. I refer to a speech he gave at the Attorney General’s Conference last year in which he said:

“Jurisdiction over the professional conduct and competence of legal practitioners exists for the fundamental purpose of protecting the public. In such circumstances the serious delays in disposing of the allegations against Mr Barwick (and the other legal practitioner involved) must occasion grave concern. The interests of the public, of complainants and of the legal practitioners themselves require that such matters be dealt with lawfully and fairly but also with more efficiency and expedition than has been the case here. The handling of the allegations involving Mr Barwick has been complicated by the supervening discovery of further and later acts which are alleged to constitute additional instances of professional misconduct; the intervening changes in the applicable legislation and of the institutions responsible for deciding such matters; and the delays attendant on this litigation. But the proceedings do not represent an exemplary model of their kind. Unhappily, the recent experience of this Court suggests that such delays may represent the norm, not an exception.

From my observations of Fiji both the Law Reform Commission and Mr. Justice Kirby could have been speaking about the situation that exists here. “

Whilst I commend the creation of a Legal Services Commission in Fiji, the fact it is the creation of the illegal junta and is prosecuted by the same calls into question their credibility &  independence. Former Justice Connors fails to distinguish the fact, the Legal Services Commission in Australia are all created under legal governments and have the confidence of the people unlike the one he presides over in Fiji, which is going to be an arm of the illegal junta to bully and intimidate lawyers to submit to their authority.

His willingness to preside over such a questionable entity brings into question in my mind his own professional integrity because when the illegal junta executed their coup in December 2006, none of the expatriate Judges of the Fiji Court of Appeal or Supreme Court renewed their contracts because they didn’t recognise the illegal junta or condone the coup.

Former Justice Connors nevertheless accepted his appointment to the High Court by incompetent Iloilo, then now as Commissioner under the illegal junta after the abrogation of the 1997 Constitution.

I would say to former Justice Connors, although your intentions maybe honourable, the fact you have accepted your appointment from an illegal junta reveals your true qualities and lack of moral substance. You should be ashamed of yourself because it is people like you who continue to profit, exacerbate and perpetuate Fiji’s coup culture! You will answer for your unlawful actions one day!

• Tui Savu.
• President.