Sep 12, 2008

When is THE Court Decision going to be heard by the people of Fiji?

In the Supreme Court of Fiji, Qarase vs Bainimarama

CIVIL ACTION NO. HBC 60/07
LAISENIA QARASE & OTHERS VS JOSAIA VOREQE BAINIMARAMA & OTHERS HELD
IN THE SUPREME COURT ROOM ON WEDNESDAY, 5TH MARCH, 2008 AT 2.40 P.M.

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Why has it been 6 months, and counting, that there has been no decision reached, OR why IF a decision reached not been reached, WHY has this not been released to the people of Fiji ?


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Where has the Police Oath disappeared to?


Is there officially no law in Fiji ?

Especially since the Police have now demonstrated their refusal to be accountable to their oath of fidelity to the rule of law and the sovereignty of the people as expressed in legislation ?


When did the Judicial Oath evaporate in Fiji ?


What happened to ? :

"I, Hon. Acting Chief Justice A.H.C.T. Gates
Hon. Justice J.E. Byrne
Hon. Justice D. Pathik

swear according to law, ................. and I will do right to all manner of people after the laws and usages of Fiji without fear or favour, affection or ill will. So help me God"


2 comments:

Nero said...

The Fiji Sun had a good editorial :

.... Interim National Security Minister Ratu Epeli Ganilau on the other hand can only say he stands by what Mr Teleni as the Police Commissioner decides.

What this confirms to us, citizens of this country, is that there two sets of rules for the people - one for the military and one for everyone else.

While everyone else will be questioned and investigated by the police over complaints lodged against them, members of the military simply won’t.

What it also implies is that the military may elect to do anything they want outside the law and won’t expect to be pulled up and questioned over it by the police.

In other words, they cannot be made accountable for their unlawful deeds like everyone else. While the interim government continues to assure everyone that the Constitution, the supreme law of the land, remains intact, it on the other hand allows two sets of rules to exist for the people. Put another way, while we are all supposed to be equal under the law, there are some who are more equal than others.

It is also interesting to note the sudden silence over such an important issue in the offices of some non-government organisations who have always been strong advocates of justice, law and order.

Notable among them is the Citizens Constitutional Forum which had always been vocal on such matters.

So what the police are telling us today is not to bother lodging any complaints against members of the military because these won’t be investigated irrespective of how genuine and significant the complaints are. It does not leave much hope for the people, especially those who relatives had been subjected to ill-treatment or even lost their lives since December 5 2006.

These will continue to haunt the nation until those involved are brought to justice. They cast a bad light on the Fiji Police Force for being unable or unwilling to bring the guilty men to justice. Those in power today want us to move forward.

But they need to explain to use today how we can unless the rule of law is respected and justice is available to all.

We want to build a society based on fairness, equality of opportunity, good governance and transparency.

If we really wish to move forward and be the society of the future, we will first need to see that we are fairly treated and exist under one law - and see that justice applies to all.

FijiGirl said...

Well done, DBu for highlighting this situation. The regime continues to ignore it, hoping we will forget about it. Fat chance. Also interesting will be the case brought by Chief Justice Fatiaki, which is also wallowing in the waitlist. Can you imagine Gates finding for Fatiaki? He will have no legal choice but to do so. But instead of behaving like a proper officer of the court, Gates is doing all he can to avoid hearing the case or allowing it to progress. He probably hopes that, if he delays it long enough, a political solution will work itself out and save him the indignity of ruling against himself. What a coward! Keep up the great work, DBu.
God bless Fiji