Friday, November 13, 2009

Illegal CJ Likely to Leave - Good Riddance

ONE of Fiji’s sacked judges has predicted that the conduct of Chief Justice Anthony Gates has reached the stage where he is likely to leave the country before it returns to democracy.

Francis Douglas QC said Chief Justice Gates appeared to be “the conductor of the orchestra” in recruiting Sri Lank1an judges to fill the gaps caused by the dismissal of Fiji’s judiciary.

“It is likely that he went to Sri Lanka and recruited the judges because he has a place there,” said Mr Douglas.

“I suspect he intends to retire there so I don’t think he is too worried about what will happen to him if a democratic government comes to power.

“I can’t speak for him but he would probably leave before any election is held.”

Along with fellow Australian silks Ian Lloyd QC and Randall Powell SC, Mr Douglas formed a three-judge bench of the Fiji Court of Appeal that ruled in April that the government of Commodore Frank Bainimarama was illegal. Chief Justice Gates, who was among those dismissed the day after this ruling, was one of the first to agree to return to the bench despite the fact that the constitution had been overturned.

When Mr Douglas had joined the Fiji bench just before the upheaval of April 10, he believed Chief Justice Gates was trying to do his best for the country’s judicial system.

There had been hopes that a working legal system would foster the development of “a kind of culture that would lead to the restoration of democracy”.

But he said the position of the Chief Justice was now “almost untenable”.

While the Chief Justice might leave the country before an election, Mr Douglas said members of the Bainimarama regime might need to be offered pardons in order to persuade them to return Fiji to democracy.

“As a matter of Fijian law, they are in breach of the constitution. So if a democratically elected government were to be brought to power I think that could amount to old-fashioned treason or something of that nature,” Mr Douglas said.

The Australian government this week accused the Chief Justice, who holds dual Australian and British citizenship, of worsening Fiji’s relations with Australia and being linked to the military-backed regime.

The Department of Foreign Affairs issued a statement on Monday saying Chief Justice Gates appeared to have misled the Bainimarama regime over the impact of Australian travel bans on those judges who had taken office in Fiji after the abrogation of the constitution.

“The advice provided by Justice Gates appears to be contrary to information provided by Australian government officials to the interim government only days earlier,” the department’s statement said. “This misrepresentation of the basic facts contributed to the increased tensions and further demonstrates the close links between the Fiji judiciary and the regime,” the statement said.

Mr Douglas said he did not agree with the way Chief Justice Gates had conducted himself “but I have some sympathy for him”.

The Chief Justice had been only a few months away from pensionable age when the constitution had been overturned and he had devoted his entire working life to Fiji.

“I think he has found himself between a rock and a hard place. That is no excuse, but it is certainly an explanation,” he said. While Chief Justice Gates had recruited seven judges and magistrates from Sri Lanka, Mr Douglas said no self-respecting senior lawyer from Australia or New Zealand would be likely to join the Fiji bench.

- The Australian

http://www.theaustralian.com.au/business/legal-affairs/fiji-chief-justice-likely-to-up-sticks/story-e6frg97x-1225797161359

The problem in Fiji is we’ve become so westernised that we’ve allowed our bellies to direct our brains. Urban Fijians are more worried about putting bread and butter on the table and rural Fijians don’t give a damn because they have their farms and their yaqona.

There is no national pride because we lack true leadership. No longer do we have chiefs who will stand up for their people. Chiefs will bend like reeds in the wind to ensure they maintain their social positions at the expense of their own people.

Politicians like Qarase, Beddoes and Chaudhry are simply players in the political game – when it comes to the need to stand up and lead their people they go into self-preservation mode.

We all know that no man is bigger than the country he lives in. No man should be allowed to rape democracy and pilfer the national wealth – no matter what well-meaning intentions he might claim to have.

And, while we call ourselves Christians we must accept that sometimes we must sacrifice human lives to correct the wrongs that have been done. Frank and his group of supporters need to be exterminated because that would be in the interest of the people of Fiji.

There’s no two ways about it. The country and the people that occupy it must be saved and those who have seen fit to install upon themselves the mantle of “saviours” need to be exposed for the fraudsters they are and they HAVE to be executed so that this chapter in our history does not repeat itself.

The Bible provides evidence that God wreaked death upon the Earth through the floods and through plagues to rid the Earth of those who were exploiting what He provided for all mankind.

We need to take our cue from the Bible. Frank and his supporters are usurpers who are inflicting great damage on their fellow countrymen. They need to be executed – that is the only solution to the problem we have.

Someone needs to begin that planning NOW. That somone should have some military background as strategies are needed to counter the cloak-and-dagger approach by the Military Council.

It’s simple, cut off the head and the body will die. Eliminate Frank and the Military Council will flounder as every man on the Council will be too busy protecting his back from the daggers that his fellow Council member keeps as a hidden agenda.

The country and its people have to be bigger than Frank and his supporters. Take our cue from the Bible – destroy for the sake of preservation what needs to be destroyed.

The Oracle

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