Friday, November 19, 2010

Ratu Epeli Ganilau should be deported to Naboro Prison

posted on coup four point five - FRIDAY, NOVEMBER 19, 2010

By VICTOR LAL

When two dogs are left to lie side by side, they both develop fleas. In the case of the illegal regime, the power struggle between the recently resigned Minister for Defence, National Security and Immigration, Epeli Ganilau and the illegal Attorney-General and Minister for Justice Aiyaz Sayed Khaiyum over Fiji Water CEO’s David Roth was bound to surface, a classic example of the falling out of the thieves.

Both deserve no pity or support, except that when democracy and the rule of law returns to the country, the two should be locked up at the maximum security Naboro prison. 
In Ganilau’s case, Khaiyum has enough evidence to send his former coup conspirator to Naboro before him. He has, according to reliable sources in the A-G’s Office, evidence that Ganilau allegedly received nearly a million dollars from an hotelier to fight the 2006 general election. 

Some of the failed NAF election candidates have presented sworn affidavits to the effect that they never received the cash, for a huge amount was allegedly used to ward off the re-possession of the Ganilau family home. 

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    Not to mention the thousands of dollars the Ganilaus owe to the collapsed National Bank of Fiji. In other words, Khaiyum holds the trump cards, for the time being, at least. He can afford to defy and humiliate the defenceless former bullying former Minister of Defence, National Security and Immigration. 

    Remember the bullying and deportation of the publishers of Fiji Times and the Fiji Sun. While the illegal ‘flea’ Khaiyum was jabbing his fingers at the media, it was his side-kick Ganilau who was using his treasonous fingers to sign off the deportation orders against Evan Hannah of Fiji Times and Russell Hunter of the Fiji Sun. 

    In the case of Hannah, Ganilau said the Fiji Times publisher was removed from Fiji based on Section 13(2) (g) of the Immigration Act, 2003, relating to Prohibited Immigrants.  He said the removal order and the detention warrant were signed by the Permanent Secretary of Defence Malakai Tadulala with his approval and concurrence. 
    Ganilau ludicrously claimed that Hannah was deported from Fiji for allegedly attempting to destabilize the military (illegal) interim government.He went on to claim that Hannah’s removal was done according to the law, in a humanly manner and it was not a special case of removal.

    “Under Section 13 (2) (g), it states “that a person who prior to or after entry into the Fiji Islands, as a result of information received from any country, through official or diplomatic channels, or from any other source that the Minister considers as reliable, is deemed by the Minister, to be a person who is or has been conducting himself in a manner prejudicial to the peace, defence, public safety, public order, public morality, public health, security or good governance of the Fiji Islands.”  

    Ganilau also claimed that Hannah’s actions were breaching national security. “The security interests of the sovereign State of Fiji at this point in time are of paramount importance. Mr Hannah was previously cautioned of the implications of his actions. He, however, chose to ignore this.” 


    On the court order issued by the Fiji High Court, prohibiting Hannah’s removal, Ganilau explained that the order “had not been officially received by the Director of Immigration before Mr. Hannah was removed from Fiji this morning”. “The court order needs to be sighted first by the Director of Immigration before officials can act on it,” he said.

    In Hunter’s case, it was far worse. On the instructions of Khaiyum and Ganilau (and a few others), the Fiji Sun publisher was kidnapped from his home and subsequently deported to Australia.
    Like Hannah, Hunter was deported despite an order issued by Fiji High Court to stop his expulsion. He had only $20 in his pocket and the clothes on his back at the time.

    A statement issued by the bullying Ganilau said Hunter was a prohibited immigrant: “This declaration follows a proper investigation by the relevant authorities, which clearly established that Mr Hunter was conducting himself in a manner prejudicial to the peace, defence, public safety, public order, security and stability of the sovereign state of the Fiji Islands. 
    "As the recipient of a work permit from the Government of Fiji, it was incumbent upon Mr Hunter to be vigilant of his status as a foreign national resident and working in Fiji.
    "Mr Hunter has clearly violated the terms and conditions of his status in Fiji under the immigration laws of Fiji, and the Department of Immigration, has accordingly exercised it statutory responsibility in getting him declared a prohibited immigrant.”

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      The High Court injunction prohibiting Hunter's deportation was signed by Justice Jiten Singh, who was later forced off the Bench. The injunction had ordered the Director of Immigration, his servants, officers and agents or whosoever and howsoever to restrain from removing or deporting Hunter out of Fiji. 
      It restrained the Director of Immigration from acting in any manner in the purported revocation of Hunter's permit to enter and live in Fiji until a further order of the court. It said that if the Director of Immigration, his officers and the Attorney- General of Fiji and/or their servants or agents disobeyed the order, they would be liable “to the process of execution of purpose of compelling you to obey the same”.

      The treasonous Ganilau arrogantly said the illegal State he was running was not obligated to divulge any information that would have an impact on national security. He said a foreign national was not a citizen and should always bear in mind it was not his or her right to be in the country.
      “It is a privilege that should be always kept in the back of a foreigner’s mind in any country that he or she may reside or work in and if it is seen that he or she breaches that trust in this case the work permit, the State is obligated to do whatever it likes under the legislation,” he said.

      He said the move to remove Hunter was not a warning to other expatriates. “It's not a case of we were making an example of Russell's removal. I mean this is a case which justifies that action by government should be taken with regards to what he has done and it is sad in a sense.  We don’t like removing anybody for any reason but if the state thinks there are reasons for the removal of any foreigner because of the breach in their status in as far as work permits is concerned then that prerogative must be left to the state.".

      The illegal regime went one step further, and with a stroke of the pen it overnight amended the Immigration Act, prohibiting any legal challenge against decisions made by the responsible minister (at that time Ganilau) on any removal orders, which under the Act was final and conclusive. This meant deported Hunter, and others after him, could be prevented from mounting a legal challenge against their removal from the country.


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        The amended Act now reads: “Provided that and notwithstanding anything contained in this Act, the decision of the Minister under this paragraph shall be final and conclusive and shall not be questioned or reviewed in any court.” Also Section 58 of the Immigration Act 2003 is amended by adding a new sub-section after sub-section (7): "(8) No appeal shall lie from decisions made by an immigration officer acting in accordance with the directions of, or instructions given in respect of any particular case by the Minister.
        But Ganilau’s actions could not fool the nation. Former Opposition Leader Mick Beddoes said the people of Fiji were “not so stupid” to believe the introduction of the new law was to stop Hunter from seeking redress through the Courts was “pure coincidence” to his deportation.

        He urged Ganilau to truthfully make public the reasons for Hunter's deportation “as his actions are funded by taxpayers of this country. By slipping in new laws to cover his illegal track of unfairly deporting a human being in a most inhumane and undignified manner, what part of good governance is Ratu Epeli demonstrating?"

        Responding, Ganilau claimed that as the Minister responsible for the administration of the Immigration Act of Fiji, “I am not at liberty to disclose those breaches of national security. Otherwise I will compromise my position as Minister of Defence and National Security of Fiji. My actions for the removal of Mr. Hunter is based on a legislation which I am responsible for, as the Minister for Defence, National Security and Immigration of this country.  
        That legislation is called the Immigration Act 2003. As the Minister responsible for this Act, I am required to take necessary actions, as I have done, when an immigrant has breached the national security provision of this legislation, as spelt out in Section 13(2) (g) of the Act.”

        There was widespread speculation that Hunter was deported in relation to a series of articles that he ran by me in the Fiji Sun, exposing the then illegal Finance Minister Mahendra Chaudhry’s millions in Australian and New Zealand bank accounts. 
        Beddoes said Ganilau was part of an interim administration that wanted to set new rules and guidelines for future governments through the Peoples Charter, part of which called for good governance, transparency and accountability.  “What part of transparency does Ratu Epeli’s declaration that he is not obliged to explain to the people, comes from?” Beddoes asked. 

        “By ignoring the calls from the people to come clean on Hunter’s treatment, where does Ratu Epeli demonstrate accountability to the people? And by slipping in new laws to cover his illegal tracks of unfairly deporting a human being in a most inhumane and undignified manner, what part of good governance is Ratu Epeli demonstrating?” 


        “If Mr Hunter’s deportation had nothing to do with the million dollars Chaudhry scam, what major undertaking was he involved with that resulted in him becoming a ‘national security risk’?”  Beddoes said a ‘national security risk’ meant the nation was at risk. 



        “But how can the people take steps to protect ourselves against such a risk if they have no idea what the risk is? And Ratu Epeli as the Minister responsible for the people’s defence and protection keeps saying he is not obliged to give the people any details of this alleged risk."



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          Now, the same Ganilau has come out, partly revealing the reason for his own resignation from the illegal Cabinet. He said his decision to step down was in relation to issues surrounding Fiji Water’s David Roth. He said there were “some differences” over Roth, who reportedly holds a valid work permit for the next three years.



          Unlike the lengthy press statements the bullying and lying Ganilau issued against Hunter and Hannah, in relation to his own case, he said he cannot elaborate further on the matter as he is no longer in government but confirmed that his resignation is linked to the Roth saga.



          There are speculations that Roth (above) was involved in activities that allegedly breached the Immigration Rules. Roth has no one but his free chow “Kano Loto” Ganilau to blame, for his deportation for it was none other than Ganilau who treasonously conspired with Khaiyum and others to amend the Immigration Rules.



          The amended Act was directed at perceived foes of the illegal regime; now it seems it has ensnared Ganilau’s family friend David Roth.



          As to Ganilau’s departure, we should not shed any tears, for he should be deported to Naboro Prison for not only acquiescing in the amendment of the Immigration Act, but also in the amendment of the Great Council of Chiefs Act, which has helped Khaiyum to pursue his genocidal ‘Sunset Clause’ against the i-taukei race in Fiji. Lest we forget the obnoxious Media Decree. 

          Ganilau should be treated with the contempt he rightly deserves. He should be, frankly speaking, deported to maximum Naboro Prison, for a litany of treasonous acts. 



          VICTIMS: First to go Evan Hannah (top right), then Russel Hunter (middle) and now David Roth (bottom left).

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