Monday, September 19, 2011

The Fiji Judiciary: Perceptions and Reality

by Ratu Tevita Mara
Truth for Fiji - 19 September 2011

To almost all military dictatorships, apart perhaps from North Korea and possibly Burma, perceptions, especially international perceptions, are of greater importance than reality. The current Fiji military junta is no exception.

From its very inception, after the murderer Bainimarama’s illegal coup in 2006, the regime has studiously slaved to present an image of international respectability. Chief proponent of this illusion is the alleged Attorney General and his think-tank. With studious care they in particular (amongst other illusions which they have fostered) have sought to create an image of an independent judiciary. Such an exertion on behalf of the alleged AG mirrors other efforts by the junta to give a false appearance of respectability. These are all false and do not reflect the truth.

The alleged Attorney General, articulate and apparently sincere, has sought to weave a web of deceit over the eyes of the international community. Notwithstanding the systematic campaign of torture and abuse of human rights orchestrated by the junta which gives him a living more lucrative than any he could have dreamed of in his previous career in the Australian law firm of Minter Ellison. 

The alleged Attorney General has consistently asserted the continuing independence of the judiciary under his watch, nut the facts say otherwise. The alleged Attorney General has elaborately created alleged "independent" bodies for appointment purposes. He is the "voice of reason" of the military junta and more articulate and subtle than his puppet the murderer Bainimarama, whose paranoid ramblings he seeks to replace.

The real truth about Fiji’s judiciary is evident in the recent statements by both the New Zealand and Australian Law Societies condemning Fiji’s military junta and the enforced demise of the Fiji Law Society. 

Fiji’s judiciary is not independent. To call the Fiji judiciary independent is an abuse of language, notwithstanding the fine garments, which the junta has given the judiciary to wear, and notwithstanding the appearance of normality of court proceedings that the alleged Attorney General works so feverishly to maintain -- The use of “smoke and mirrors” to hide the true picture from the people of Fiji, especially in the rural areas.

The alleged Attorney General was rightly stripped of his Australian Permanent Residence for his involvement in the latest coup. His activities will undoubtedly expose him to prosecution once the current military junta falls and a new democratic Government is elected. All those people currently masquerading as Judges will also suffer an equivalent fate.

Fate of Fiji’s Current Judges.

All current purported Judges, including those garnered by a worldwide trawl by the alleged Chief Justice, took office knowing the full legal and Constitutional position. That legal and Constitutional position was established by the Fiji Court of Appeal ruling of 2009, which declared the coup of 2006 to be unlawful and all actions taken under it to be unlawful. No alleged Judge currently sitting can claim ignorance of this basic truth.

These purported Judges must have taken an oath of some sort or other, no doubt concocted by the alleged Attorney General. These are ALL False oaths. Taking any oath other than the proper oath to Fiji’s Constitution, which was endorsed by the Court of Appeal in 2009, is a false oath. The making of a false oath is a serious criminal offence. Such false oaths were the basis of charges laid against the leaders of the 2000 coup. 

Any person who makes an oath swears allegiance, no matter what else that person may say or do. Any oath taken by the current purported Judges, other than the proper oath, reveals allegiance to the military dictatorship. Involvement of alleged "independent" commissions does not solve this problem.

A person who swears allegiance to the current military junta should be an outcast from the international legal community.

Further, all current purported Judges are fully aware or capable of being fully aware of the campaign of torture and abuse of human rights currently being waged across Fiji by the junta against any real or imagined opponents. Simply put, by their oaths and their actions they pledge themselves to accept the validity of the "decrees" created by the alleged Attorney General that purport to preclude them from dealing with human rights abuses by the junta. They must turn a blind eye to the systematic torture while gilding themselves in splendid robes to adjudicate in respect of anything, but such illegal matters. 

Giving judgements, in certain cases, against the junta does not in any way falsify the above picture. The judges are not dealing with the one thing that matters most- the regimes campaign of torture.

Current purported Judges would do well to resign now to avoid the wrath to come. All will in fullness of time stand trial for their misdeeds as described above.

Long live Fiji.

1 comment:

Anonymous said...

Naboro for Bainimagana, Khaiyum and All their immediate families. They will rot in a cell. Fiji's revolution.