Tuesday, June 07, 2011

Dictator Bainimarama Should Be Charged for Sedition & Inciting to Mutiny Before 2006 Coup

Posted by Raw Fiji News - 07 June 2011

Sri Lankan DPP should charge her own boss Bainimarama for seditious comments and inciting to mutiny before 2006 coup

Frank Bainimarama’s son Meli guarding elected Prime Minister, Laisenia Qarase  and his family, under house arrest at their official Prime Ministerial residence while Frank announced his 2006 coup d’etat
The seditious Frank
On 4 May 2011 the Sri Lankan national and Fiji’s illegal Director of Public Prosecutions Ayesha Jinasena sanctioned the prosecution of Major General Pita Driti and Lieutenant-Colonel Ratu Uluilakeba Mara stating that, “BY VIRTUE of the powers granted to me Under Section 67[3] of the Crimes Decree No 44 of 2009, I HEREBY SANCTION the prosecution of the above accused person[s] for committing a SEDITIOUS OFFENCE contrary to section 67[1][b] & 66[1][1] of the Crimes Decree 44 of 2009”.
The Crimes Decree was promulgated and gazetted on 5 November 2009. A day earlier, on 4 November, Ratu Epeli Nailatikau, now President, but then acting, signed it into effect in his capacity as the Vice President of Fiji.
What are seditious offences contrary to section 67[1][b] & 66[1][1] of the illegal Crimes Decree of 44 of 2009? Section 66[1][1] reads as follows: “A ‘seditious intention’ is an intention – to bring into hatred or contempt or to excite disaffection against the Government of Fiji, as by law established…’.
While Driti and Mara are charged with one count of uttering comments breaching Section 67 of the Decree, Driti faces an additional count of Inciting to Mutiny contrary to section 72[1][a] of the Crimes Decree 44 of 2009.
Section 72[1][a] reads as follows: “A person commits an offence if he or she attempts to – seduce any person in the military forces of Fiji or any police officer from his or her duty and allegiance to Fiji…”
Who is the person that Driti and Mara are alleged to have incited or made seditious comments to – the answer is one Manasa Ralawa Tagicakibau, a junior lackey military officer from Tailevu, now running around the barracks as Lieutenant Colonel Tagicakibau.
In Driti’s case, he is alleged to have uttered seditious words, between 1 August 2010 to 31 October 2010 at Suva, to the effect: “AG should be removed for he is influenced in a lot of critical decisions which is deemed to be mooring the Government away from its chartered course” and that “the Commander has lost his plot and has been webbed by the AG and his other aides” and that “Commander RFMF needs to be removed from his position” and that “If His Excellency the President refused to accept the proposal then there is no other option but to remove his Excellency”.
Before proceeding, let us be reminded that the present Government of Fiji is not established by law; it was established through the barrel of the gun.
Returning to our challenge to the Sri Lankan lawmaker, it is Bainimarama who should be charged with making seditious comments and inciting to mutiny.  We have written elsewhere that on January 5, 2004 secret advice to Bainimarama not to execute a takeover of the government warned of the chaos and damage that could follow. It was in the form of a letter, and had referred to two meetings held on December 16 and 18, 2003, a gathering of senior officers.
Meanwhile, the first was to have been a 2004 budget briefing by the Director of Military Resources, Captain Esala Teleni, the future evangelist police commissioner. According to the minutes of the meeting, those present included the heads of the navy, land forces, engineers division, two other majors and the future coup mouthpiece but then Warrant Officer in the RFMF band Neumi Leweni.
Soon after he opened the meeting, Teleni received a call from Bainimarama ordering him to suspend it until he arrived. He also told them to have his chief of staff, Colonel Ratu George Kadavulevu present. On arrival Bainimarama took control of the meeting and announced his intention to take over the duly elected Laisenia Qarase led SDL government with the exception of the Ministry of Foreign Affairs and the Great Council of Chiefs.
Also present at this meeting was Colonel Alfred Tuatoko who was later deposed along with Lieutenant Colonel Samuela Raduva and naval Commander Timoci Koroi. They had refused an order from treasonous Bainimarama to execute a coup d’etat against the Qarase government in 2004. The following is based on the three officers (Tuatoko, Raduva and Koroi’s) combined statement in support of a “redress of wrong” petition to the Government, and which had been passed onto theFijipolice for criminal charges to be filed against Bainimarama.
The Redress of Wrong petition from the three senior officers reads in part:
“When Comd RFMF arrived he took over the meeting and advised us of his intent to remove the current government … (He) also indicated that some NGOs and diplomatic corps are behind him. The commander instructed that we draw up plans for the removal of the government and to provide back briefing to him on his return on December 21, 2003 from his visit to Labasa. Lt-Col Pita Driti then said in the conference “io, vinaka me caka ni sa tui levu na butako.”  (“Yes, good do it as there is too much stealing (corruption)”.
“Commander then rang the Ministry of Home Affairs and asked to speak to the minister. When told the minister was not available, he asked for the parliamentary sitting schedule for 2004. He ended the conference by saying “dou cakava vaka totolo na plan de dou qai kidacala au sa liu sobu i ra.”   (“You people carry out the plan quickly, or I’ll surprise you by doing it ahead of you”.)
“After the commander left the meeting we decided that we would not draw up plans for the military takeover as this was a criminal and treasonable act. However, the staff of HQ RFMF would draw up an advice for Commander RFMF advising against his intention to remove the government.
“On Thursday 18 December during Comd’s scheduled conference he reiterated his intent to remove the government of the day save HE the president and that we were to continue to draw up plans for the takeover of the government. He added that he did not want anybody sitting on the fence and if anyone does not agree with his intention, he is to leave. At the end of this meeting Comd personally interviewed several officers. These officers are Col Kadavulevu, Col Tuatoko, Capt (N) Teleni, Lt-Col Raduva and Comdrs Koroi and Natuva.
“In my interview with Comd he stated that he would forcefully remove the present government if his term as Comd RFMF was not renewed. I advised him that such an act was illegal and amounted to treason. I advised him that there are legal ways to settle his disagreement with government and that he must follow that legal path. Comd said that doing so would take too much time. He said that removing the government would be legally wrong but was morally correct. He also said he must remain as Comd because there was no one who could be Comd and pursue the May 2000 prosecutions as he was doing.
“I told him that the issue regarding the renewal of his term was a matter between him and the government. He should not use the institution as a means of renewing his term. Comd did not accept this and asked where I stood regarding his intention to remove the government. I told him I could not support him on such an illegal and treasonable act. Comd then directed that I must keep out of the planning activities. My interview thus ended.
“Following the individual interviews we spoke amongst ourselves and except for Cmdr Natuva whom I did not speak to, we all had advised Comd that his intention was illegal and treasonable and that each of us did not support the Comd in such an activity. Col GK (Kadavulevu) then advised us we must provide Comd with a written advise (sic) in order to convince him not to carry out his intent. The advice should be ready for Comd before 31 Dec. The advice was actually tendered to the Comd in early Jan 04.”
On December 19 in a meeting in the sergeants’ mess, Bainimarama told officers and senior NCOs that 2004 would be a difficult year and their individual loyalty to him would be put to the test.
Then, on the afternoon of Monday January 12, 2004, Colonel Kadavulevu gathered headquarters staff and announced he had been relieved of all his duties and told to go on leave as a result of the advice given to Bainimarama not to remove the government. He added that the commander had ordered that all other officers who contributed to the advice must also go.
It was the first of his many purges to follow.


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