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Follow on consequences of President Iloilo’s illegal actions…

April 12, 2009

 

The abrogation of the 1997 Constitution by President Iloilo was premature and totally uncalled for. It was a knee jerk reaction by the coup perpetrators panicking and desperately trying to save their own skins. The end result will cause them much more misery because their quagmire of illegality has only been further compounded beyond recognition.

When reading his Statement, it is fairly obvious President Iloilo does not have the mental competence to make such findings, let alone abrogate the 1997 Constitution. President Iloilo’s excuse for abrogating the 1997 Constitution because the Fiji Court of Appeal’s ruling in effect meant Fiji no longer had a legal government is weak. He could have ruled through Executive Authority which he is doing at the moment and could have easily appointed a Caretaker Prime Minister over the Easter holidays.

What President Iloilo avoided to answer is who was responsible for appointing the illegal government in the first place? It was none other than President Iloilo himself and the buck stops with him. Remember his statement that if he was in the shoes of Commodore Bainimarama, he would have carried out the same thing, meaning usurp the legal authority from the lawful Qarase government! President Iloilo has committed treason and will be condemned for his grave error. The Statement from Government House was prepared well in advance by the illegal junta anticipating the Court’s upholding truth and justice.

Now the follow on consequences from this treasonous act by President Iloilo. All judicial appointments under decree are illegal, so to all Judges and legal appointments made by President Iloilo under the 1997 Constitution, you are put on notice that should you take up your new appointment or continue in your current appointment, you are acting illegally and have no legal basis for your appointment. You will be held accountable for aiding and abetting an illegal regime.

SWM has already written to Prime Minister Kevin Rudd to criminalise the actions of its citizens who are assisting illegal regimes, like Fiji and with the abrogation of the 1997 Constitution, we shall be again writing to Prime Minister Kevin Rudd and making a stronger case, in light of his condemnation of the same.

SWM will also be writing to New Zealand Prime Minister stating the same argument because of its citizens benefiting from the illegal regime over the past 2 years and who are considering continuing to serve this illegal junta.

SWM will ensure after a lawful government has been reinstated that a Royal Commission of Enquiry into the coup culture be held in the open for all to see and people made accountable for their actions.

SWM will unceasing lobby the Australian, New Zealand, US and any other government in the future to allow for the extradition of its citizens to Fiji to be made accountable for their unlawful actions, so the coup culture is permanently eradicated. All Advisors to the illegal junta will be relentlessly pursued in the future, so I urge you to seriously reconsider your decisions now and depart Fiji.

For those of you who wish to ignore my advice and continue to further exploit the vulnerable citizens and tax payers of Fiji, I ask you this:  ‘is life imprisonment and the ruining of your reputation worth this short term momentary gain?’ If so, then carry on and anticipate the inevitable….

 

Tui Savu.

Townsville.

Queensland. AUSTRALIA.

 

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17 Comments leave one →
  1. Celua Niumataiwalu permalink
    April 12, 2009 5:41 AM

    tell it as it is Tui and I don’t support life imprisonment, I suggest the gallows!!!

  2. Mark Manning permalink
    April 12, 2009 7:17 AM

    The other countries should be pursued as well for all their illegal involvement , Indians who advised the regime and supported the coup financially , surely they also are responsible for treason or supporting an illegal regime in advance as are those in New Zealand and China , if also partly responsible and the people who advised the regime from the beginning , particularly Sami and the New Zealand lawyer who knowingly gave legal advise to the regime in advance against a sovereign nation .

  3. Peace Pipe permalink
    April 12, 2009 11:51 AM

    This should now be regarded as coup number 5 – the president’s coup. Well of course we know it was not actually the president acting on his own accord but was directed by the losers Frank and co. We are now awaiting the 6th coup to take place when someone arises from the shadows and liberate Fiji from this coup curse. Crank Frank went on to say that he did not advise iloilo to abrogate the constitution. His lies are so blatant and incessant we do not believe any word he says anymore. Frank and co have raised the stake and so has the repercussion on them.

  4. meme permalink
    April 12, 2009 1:20 PM

    It’s abovious that Bainimarama had already brain washed the president because during his address last night he said that the president elected him and he’s team because they want continuity and reform agenda fast tracked…..what did he mean by such statement!!

  5. Peace Pipe permalink
    April 12, 2009 1:45 PM

    Meme it more like slow tracked because its going to take bloody 5 years to complete. All that spurt out his mouth are lies and more lies. Liars try to cover lies with more lies and the heap just keeps growing. I don’t listen to these criminals anymore as it just insults my intelligence big time.

  6. Anon permalink
    April 12, 2009 3:40 PM

    See Michael Field on treason and the constitution at

    http://www.michaelfield.org/fiji%20constitution.htm

    Please repost it and pass on to the other blogs.

  7. April 12, 2009 7:52 PM

    Excellent clarification, Tui. This needs to be broadcast all over Fiji. Not sure which newspaper would print it at this point, but it would be one way to test media freedom.

  8. Ropate permalink
    April 12, 2009 10:33 PM

    To get Australia, NZ and US to act against this illegal regime set up by Iloilo who acted according to the deliberate judgement of Frank and his cronies, it is necessary to speak the language that our near neighbours understand. Besides the human rights angle that dominates the current discussion we need to introduce some geo-political themes to get our neibouring govts to act. Example? Well, a peaceful, law abiding and economically thriving Pacific is in the best interest of the ANZUS powers. This area is in their back yard so to speak and because of its historic ties to these countries and close proximity the area is part of the vital interests of the ANZUS powers. These powers cannot afford to sit idly by and watch Fiji slide into a dictatorship and anarchy, for in the long run Fiji may become a breeding ground for international terrorism. What is needed is the Grenada option, where the US sent in a couple of choppers to surgically remove the leadership of a fledgling Marxist state that was starting to destablise the Caribbean.
    No doubt, the influence of Marxism does extend into the current regime. John Sami was an avowed Marxist during his student days. His Charter model is influenced by Democratic Centralism which is the preferred mode of governance of Marxist regimes. The Attorney General Aiyaz studied in Hong Kong under Prof. yash Ghai who while prior to moving to Hong Kong University was a well known Marxist legal authority based at Warwick University, the UK. Indeed, that was the main reason why he shifted to Hong Kong as it was returning to Communist rule, for he is a leading authority on Marxist-Lennonist legal jurisprudence. He is one of the persons who may end up advizing the illegal regime in Fiji about its new Constitution as his name was put forward at last week’s Presidential Forum Dialogue. Both he and his willing pupil, Aiyaz, will ensure that China establishes a firm hold in Fiji, and with China’s recent fast build up of its submarine fleet I’m not surprised that Frank & Co has already been having discussions with China on it setting up a forward submarine base in Fiji.
    There is no other way. The ANZUS powers must knock Frank, Iloilo, and their co conspiritors off their perch, hold them at Christmas Island then bring them to justice in the International Criminal Court, the Hague or to be tried in Fiji for treason under the restored 1997 Constitution.
    In the meantime, the Pacific Islands Forum will need to set up a RAMFI similar to RAMSI in the Solomon Islands, Regional Assistance Mission to the Fiji Islands. The Deputy Head of RAMSI is a Fijian, and can be brought in to head RAMFI. The solution for Fiji right now is a military one as all other political solutions have been shown not to work with this lot in power

  9. Nacanieli Rogoimuri permalink
    April 12, 2009 10:35 PM

    Why isn’t anyone considering military option? All avenues have been exhausted in trying to bring sense to this regime and the cowardly military behind it.

    They choose to hold all of us ransom under the gun, so I am sure the majority of law-abiding citizens of Fiji would not mind an invading army on our shores to show those cowards at Delainabua and around the country what real soldiers are made of.

    Can that be one of our request to these countries that a combined military operation be put together to free the unarmed citizens of Fiji from these cowards?

    Thank you Tui for your leadership.

  10. April 12, 2009 11:18 PM

    Military solution does not seem advisable. Voreqe and his cronies shoot themselves in the foot everyother day. They do this without guns. If you use violence you provoke them to violence and that is their strong point Frank would love have an excuse to start using he army to go to war, or to squash a rebellion. You will beat this guy by using your brain and your pen, not with violence. It has works so far, thought slow. Last week Voreqe and the President completely stepped in it, too stupid to understand the judges were giving them an escape route, too stupid to understand that by removing the elected PM they had committed treason, and too reckless to get an opinion from a lawyer before acting with a knee jerk. These guys have left themselves open at the flank and they are all but cooked. The mechanics of it I do not know, but there is no question anymore about their innocence or guilt. They have been effectively convicted by a court of law. All those who have been sworn in have taken an illegal oath which is treason as well. Those magistrates who are about to be sworn in will also have committed treason. They are all going to be put away and isn’t it wonderful to see all the guilty ones walking right up to the gallows, oblivious fools who think overthrowing a country is an afternoon picnic.

  11. Katalina Balawanilotu permalink
    April 12, 2009 11:30 PM

    @NR, military intervention from NZ/AUST is inevitable but those on the ground have to take the necessary steps I spoke of in earlier posts.

    Fijians take to the streets and our neighbors will be there in full force. It will be swift.

    We then can pick ourselves up; dust ourselves off, clean our streets of debris, count our losses, bury our dead AND

    MOVE

    THE

    COUNTRY

    FORWARD.

  12. ex Fiji tourist permalink
    April 12, 2009 11:38 PM

    Sacked Fiji judges warn expats on treason

    Chris Merritt and John Stapleton | April 13, 2009

    Article from: The Australian

    THE Australian judges who triggered Fiji’s latest political crisis have branded the Pacific nation’s president a dictator and warned that any expatriate judges who accept job offers from him could be seen as treasonous.

    The attack on president Josefa Iloilo was unleashed yesterday after he had sacked the country’s judiciary, torn up the constitution and reappointed a prime minister whose regime the judges had declared illegal.

    “He is effectively a dictator – that is a strong word, but that is the situation,” said Ian Lloyd, one of the three Australian judges on Fiji’s Court of Appeal who last Thursday ruled that military leader Frank Bainimarama’s seizure of power in a 2006 coup was illegal.

    Mr Iloilo responded to the ruling by sacking all Fiji’s judges, declaring a 30-day state of emergency and, on Saturday, swearing Mr Bainimarama back into office as prime minister. Press censorship has also been imposed.

    Mr Iloilo promised to appoint his own judges to replace those he had sacked. But Mr Lloyd warned that “any expat now thinking of taking a position will effectively be swearing allegiance to an illegal dictator”.

    “On one view, you could be regarded as being treasonous because this regime is illegal,” he said. All three Australian judges fear that those judges who remain loyal to Fiji’s constitution are risking a confrontation with the military. The Australians – Mr Lloyd, Randall Powell SC and Francis Douglas QC – warned that this could come tomorrow when Fiji’s courts reopen for the first time since the coup.

    The Australians, who normally practise as barristers in Sydney, ruled that Mr Iloilo had unlawfully purported to validate the 2006 coup that brought Mr Bainimarama to power.

    Mr Douglas, who was sworn in by the president only last Monday, said he agreed with Mr Lloyd’s assessment that Mr Iloilo was now a dictator.

    The three Australian judges handed down their controversial ruling on Thursday after walking past a contingent of between 50 and 80 uniformed troops who had arrived at the court building in Fiji’s capital, Suva.

    “They weren’t in the court itself, but they were in the precincts of the court,” Mr Lloyd said. “They were scattered around the corridors and guarding the stairways. “It may have been to protect us, but we didn’t really think we needed protection from the public,” he said.

    All three judges said yesterday that the President’s decree sacking the judiciary had no legal effect.

    “We are still judges,” said Mr Douglas. And they believe that applies to all the magistrates and judges who have purportedly been sacked by the President.

    Mr Lloyd, who was the last of the three to return to Sydney, said Australian consular officials in Fiji had urged him to leave the country immediately and to keep a low profile until he boarded a flight to Sydney on Saturday.

    But before he left, he said he had learned that Fiji’s Chief Justice, Anthony Gates, wanted the country’s judges to appear in court tomorrow, despite their purported dismissal.

    Chief Justice Gates, who holds joint British and Australian citizenship, had told Australian expatriate judge Tom Hickie that the best course of action would be to turn up for court on Tuesday “and see what happens”.

    About six expatriate Australians are part of Fiji’s judiciary, including Chief Justice Gates, Justice Hickie and high-profile judge Jocelynne Scutt.

    Mr Powell, Mr Lloyd and Mr Douglas urged the Law Council of Australia and the federal Government to take whatever steps they could to ensure the welfare of Fiji’s judiciary.

    “They need as much help from outside as they can (get),” Mr Douglas said.

    Mr Powell said he would not be surprised if Fiji’s judges continued to sit on cases.

    “They just cannot be dismissed like this. They are still judges. They can only be dismissed for misconduct,” he said. “I am not saying they should make themselves martyrs by going into court.”

    He said he believed anyone who sought to take their place would strike extreme problems.

    “I am still a judge of Fiji for another two years but as a practical matter I will not be allowed back into the country – as least while the military is in charge.”

    Mr Lloyd said Mr Iloilo, 88, appeared to be carrying out Mr Bainimarama’s instructions. Mr Douglas said he was extremely disappointed at the President’s reaction and it meant an opportunity to return Fiji to democracy had receded.

    Fiji has been under pressure to hold elections soon, but Mr Iloilo said they would now not be held for five more years.

  13. Katalina Balawanilotu permalink
    April 13, 2009 12:38 AM

    We thought Bai would be beaten by the might of our pens

    Last week he abrogated the constitution

    Go to the streets — this has happened all over the world.

    March in masses

    Force Bai’s hands. He either will succumb or start shooting. If he takes the latter then he will have effectively open up the doors for our neighbors to step in militarily

    NZ and Australia cannot enter Fiji militarily without the masses’ uprising

    Fijians need to give them a chance to do it

    So do it.

    Enough dreaming and stop fantasizing that these will all just go away all its own without active physical participation on the ground …

  14. Save the Sheep permalink
    April 13, 2009 4:10 AM

    It really is up to the traditional leadership of Fiji now.

    Frank cannot afford to order death on Fijian people. All of those in the Military have family that they cannot protect outside the Barracks. Fiji wouldn’t even need external military intervention.

    Amazingly Frank and co are like the Kaivulangi who interpret our silence as an affirmative..

    But soon the time for silence must end OR we all just bury our heads in the sand and let them do what they want to do…

  15. Nacanieli Rogoimuri permalink
    April 13, 2009 4:36 AM

    Our dilemma is to organise this mass demonstrations around the country. Our problem is the fear the military has injected into the population. They are not even bold enough to frankly talk about the situation around their tanoa for fear of informers.

    I live outside Fiji and do not really know how the people are trusting each other but from relatives and friends I talk to, they say that the military has really penetrated the communities even into the village level.

    My prayer is for a peaceful solution, but noting from what is happening I conclude that there is no end as this people wont allow a democratically elected government because the end result for them is a jail term. Bai does not see himself as a jailbird and will hang on to power as long as possible.

    This is the reason why we should convince our foreign governments to helps us clean these rascals out.

    We should think up some ways to convince them to help. I am sure that some amongst us will be able to figure out some means to do this.

    I would not ask someone to come out into the streets if I am not there personally.

  16. Katalina Balawanilotu permalink
    April 13, 2009 8:13 PM

    Join them

    But only after they have come out on the streets

    We should fundraise for this purpose

  17. April 13, 2009 10:16 PM

    In the President’s own words (or at least, the words Vore has put into his mouth), “To facilitate the holding of true democratic and
    parliamentary elections I hereby abrogate the 1997
    Constitution.
    With this abrogation I appoint myself as the Head of the
    State of Fiji under a new legal order. To effect the abrogation
    I decree the following:
    • Abrogation of the 1997 Constitution
    • Appointment of the Head of State
    • Continuation of Existing Laws; and
    • Revocation of Appointment of All Judicial Officers”
    So effectively, he resigned as President of Fiji, but has appointed himself “Head of the State of Fiji”.
    So we have gone from being a Republic of the Fiji Islands to becoming the “State of Fiji” now?
    Well, news for you, Vore. The 1997 Constitution cannot be abrogated except by Act of Parliament. And your puppet President (with all due respect to his chiefly role) in declaring himself abrogating the Constitution has effectively resigned his position as President.
    Your regime is still illegal, and you can decree until you are blue in the face. It won’t change the fact that YOU ANSWER TO WE THE PEOPLE!
    God bless Fiji

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