Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Saturday 24 August 2013

An Independent Judiciary?

Former High Court Judge Nazhat Shameem* had this to say in reply to an enquirer:

I have been saying all this while, that there is no evidence that the judiciary lacks the ability to make independent and impartial decisions. While there has been much talk of stifling free speech in the Yabaki case, if one reads the judgment, one will find that the law applied by the judge was the law of England on contempt of court which says that while people are free to express the most trenchant criticisms of judgments, saying that they are wrong or mistaken, what one cannot say is that the judge or judiciary is corrupt or biased or that it is motivated by irrelevant considerations such as a bribe or public opinion.

This jurisdiction of contempt is alive and well in every Commonwealth country. It survives not to protect individual judges but to protect the judiciary from scurrilous attacks which may undermine public confidence in the institution. The judiciary depends on public opinion for legitimacy.

However if the judiciary really is corrupt a person can rely on the defence of truth to defend against a charge of contempt. So for instance Yabaki could have argued the truth. However he was unable to do so.

This is because allegations that the judiciary lacks independence are based on no evidence at all. Gossip and rumour do not constitute evidence. Nor is a Law Society of England report evidence of lack of independence.

A number of the Decrees in Fiji have ouster clauses saying that a person cannot challenge the lawfulness of the Decree in a court. Ouster clauses are not popular with judges because they purport to oust or limit the power of the court to consider legal challenges on some issues. However many countries have ouster clauses in relation to immigration or anti-terrorist laws and while that might not be the best situation for any country such clauses do not make the judiciary tainted. In fact judges still sit to consider whether the ouster clause applies to a particular fact or circumstance.

It has been alleged also that the government in Fiji cannot be sued. I heard this the other day from a USP academic, to my surprise. This is of course nonsense. People sue the government weekly for medical negligence, personal injuries and malicious prosecution. Then courts have ordered costs against the State in criminal cases far more than they order costs against the defence. Even the old prohibition on obtaining injunctions against the State has been whittled down by the courts especially in the area of human rights laws.

I conduct training for the judiciary and I have never found any evidence that the judges are partial to the executive, or that they are in any way interfered with.

Persons who may not be popular with the government such as Tuisolia and Imrana Jalal, the boatswain (for want of a better word) who was alleged to have helped Tevita Mara to escape to Tonga and Mahendra Chaudhery have been either acquitted by judges or had charges stayed without any repercussions from the State.

Sadly these facts are known to everyone but they are not always palatable to everyone.

I believe that the judiciary is in a much better place than it was when I was a judge, from 1999 to 2009, fighting serious gender and racial hostility on the bench, confronting judge-shopping by lawyers, and dealing with serious delays in the delivery of judgments and decisions. There was no judicial collegiality, and very little support for the judges who were attacked in parliament or in the media for implementing human rights cases under the Constitution. Most civil judges sat in chambers away from the public eye and judgments were not published on a daily or weekly basis.

There are some stronger steps that would protect the judiciary further though, and they are:

1. Security of tenure for judges meaning life appointments for local judges and 5 year appointments for expatriates;
2. A resurrection of the Judicial Services Commission with one lay member on it preferably a woman (this will probably happen after the new Constitution);
3. Continuous gender training (they already get gender training three times a year but there is always a need for more!)
4. A  new Code of Judicial Ethics more closely modeled on the Bangalore principles with a provision for discipline for breach. The 2005 Code is inadequate and woolly. Discipline should be controlled by judges themselves and there should be a complaints similar to the UK model which seems to work the best in terms of clarity and transparency.
5. Apart from paclii [USP's Law Library] which is very good and posts all judgments up on the net daily there should be a regular Fiji law reporting service controlled by the judiciary.
6. Currently all courts are open and no one is allowed to sit in chambers. However, there is a need for greater case management of the civil courts as there are still delays in the system. However criminal cases are case managed and the turnaround time for charge-trial-conviction/.acquittal is 18 months and only 12 months in Labasa.

This extract from Wikipedia on Nazhat Shameem who is now in private practice:

From 1994 to 1999 she was Director of Public Prosecutions after serving as a prosecutor for ten years. She is a graduate of Sussex University and Cambridge University, and is a Barrister of the Inner Temple in London. She holds a Master of Laws and a Master of Philosophy in criminology. She is a former chairperson of Fiji Children's Coordinating Committee for Children and is particularly interested in the way the justice system affects women and children. She has attended conferences internationally and has delivered papers on corruption, judicial transparency and gender equality.

She was appointed to the bench in 1999 as Fiji's first, and 2007 so far only, Indo-Fijian female High Court judge. Justice Shameem is in the criminal jurisdiction of the High Court of Fiji.

Shameem is best known for her trials since the 2000 Fijian coup d'état conviction and sentencing of perpetrators of the 2000 Fijian coup d'état, in which the government of Mahendra Chaudhry was deposed in May 2000. She also heard a number of cases in which she was very critical of prison conditions for remand prisoners in Fiji. In 2005, she declared the remand centre in Suva inhumane and degrading and in breach of the Fiji Constitution. She also heard a case on mandatory imprisonment for drug offenders in 2001, and declared such sentences as disproportionatly severe and in breach of Section 25 of the Constitution. The Drugs decree was later repealed by Parliament.

111 comments:

Semi Ratu said...

condemn judgment not the judge. Those who have no defence against judgment, would love to jump at the judge. What say Jon Apted

Doctrine of necessity said...

What a farce. Just another junta groupie who has filled her pockets by supporting an unlawful regime. Eventually she will be investigated for her role in the coup and any treasonous acts committed.

Rohit Prakash said...

The time will tell that. Who the hell are you to judge you nameless coward.

Anonymous said...

@doctrine
Whats with the personal attack? You got a problem with hearing something you dont like to hear?

Grace said...

@doctrine
you are such a loser that you want to jump at a conclusion abt the writer. Your comment shows you are personally against the writer.

Ba Lawyer said...

I am proud to have appeared before ma'am.Great personality and great human being.

Nikhil Naidu said...

I think this person saying that this ex judge will be investigated, he or she or may be point five (whoever is writing) is suggesting that all civil servants under Bainimarama government should resign because all could be investigated for being under employment by this government. What a crap. The life must go on.

Abrogator said...

"Gossip and rumour do not constitute evidence"

So what about police reports by journalists, activists, death of a few fellas at the hands of military personal, a VIDEO beating of a prisoner and his mate, etc etc??? Are these gossip and rumours that should be ignore by the entire justice system?????

The judicial system doesn't need a report or newspaper or reverend to say it's not independent or transparent or trustworthy.. It's doing an awesome job on its own.

You want the "truth"?? Open up the media and freedom of expression.. Ease off the censorship and just maybe.. Maybe you'll find out what we the citizens of Fiji really feel and think. If it's all roses and daisies like the Fiji Sun says it is... Why worry?

Fear the truth, seek immunity

Anonymous said...

Yeah yeah. Whats all that got to do with the judges? Whats asylum seeker laws got to do with the Oz judiciary? Or internet surveillance got to do with theUS judiciary? Highly illogical arguments Abrogator!

Anonymous said...

Whom are you telling to seek 'immunity'? And for what? Name them, lets see how reliable your information are.

Kirath Khatri said...

Its all personal attack at this woman.

Ratu Soso said...

Personal attacks on thus lady has been made by failed politicians, disbarred lawyers and terminated civil servants. Bladdy loser

Reddy K said...

@Abrogator: gossip and rumour are tools for Chaudhary, Madraiwiwi, qarase, Munroleys n Women NGO's.
Go and shoot on other stupid blogs. We are dealing wid profestional n ethical issue here, so contribute if you have something relevant to the post.

Thomas Huge said...

These ex politicians wants the country to come to an stand still. Again they have proved that its all about themself and their personal power hungry attitude.
That is the very reason they asking everyone to ease their support in running of the country. According to them whoever does anything to move the country forward should be investigated. In that context more
than half the population of this country will be investigated n tried before the Courts. How pathetic it sounds

Abrogator said...

Wow... Now I have to be a professional to comment on this blog. No worries. I don't have a degree or equal education as mo of you. I say it as I see it. I like this blog because it gives an opportunity to see what regime supporters see on our government. I apologise for offending other bloggers. But it's pretty funny how no one comments on issues I stated. I guess you don't have to because it's so irrelevant yet so blatantly obvious.

Nikhil Naidu said...

@Abrogrator : its a pitty you can't read. I do keep this in mind that you are a early school drop out. You are one of those who just loves to hear thIngs against the judiciary and government: our government as you also used the word 'our government'

Abrogator said...

Immunity clause in the draft constitution which is basically ironically 'untouchable' is what I am referring to.

Anonymous said...

Abrigator you have also not answered me! And yes read what Thomas Huge wrote. You need to read more bro b4 u write.

Abrogator said...

@Nikhil Naidu.

Yes you are right about me using our government. I don't love to hear things about our government, I say it as I see it. I make up my own mind on things, not get swayed by what I hear. I am not attacking you or any other blogger here. I am merely stating my stance on how as an iTaukei citizen of Fiji is seeing our country run by an unelected government. Please don't judge me by my level of education. If we were sitting face to face I'm sure we wouldn't disrespect each other like that.

Anonymous said...

Abrogator, lack of education doesnt excuse you for going off the topic and changing the subject. Issue is the judiciary. Not freedom of press etc

Nikhil Naidu said...

Mate it's. not me who is showing disrespect but it's you who are showing disrespect to Judges n Judiciary at large.

Anonymous said...

Poor Abrogator. You go on the attack with your poor sad and tired human rights abuse song, then when you are caught by Nikhil you sob in the corner and play the victim game. Poor you. Not a thug, just a pussy cat!

Semi Voriti said...

Abrigator is the only one who uses his mind and the rest of us do not use our minds! Please make up your mind first what your debate is about then look at your post and decide who is irrelevant.

Anonymous said...

I know what is in Constitution. Read my question: whom are you asking to seek immunity: ppl who are moving the country forward such as our Judiciary officers? What will happen if all these officials resign?

Abrogator said...

Have I really a tapped a nerve? I'm really trying hard to find one constructive comments to counter what I've said but really there are just personal attacks on me.

Our Judiciary system is struggling to put public confidence in it. That's my point. And it's all linked to an illegal regime. Yes No Maybe??????

Nikhil Naidu said...

Ok mate lets put it ur way: you mean judiciary has lost public confidence becoz of illegal government? Now you tell us what the judiciary should do?
a) reverse all judgments against Qarase, Rt Takiveikata n others
b) Give PC back to lawyes such as Rt Jones Madraiwiwi, Rajen Chaudhary, Dr Sahukhan n others
c) Put Fatiaki back as CJ

Anonymous said...

Vinaka Nikhil.
When we have a coup the judges should
1. Close the courts and ho on long leave,
2. Keep the courts open but keep busy declaring everyone and everything illegal,
3. Half the judges should back the regime and the other half should try to destroy it,
4. Just hear cases one by one, stay impartial and decide on the merits.
Yes? No? Maybe?

Nikhil Naidu said...

Anon do you really mean or want this to happen? I'm speechless on your four suggestions. God Bless Fiji-our Fiji

Anonymous said...

The corrupted junta judiciary is a disgrace. From the illegal chief justice down to the foreign judges for hire by the human rights abusing regime. Where are the so called chief justice and the treasonous shameen when military thugs bash roped prisoners? They are more guilty than the moronic thugs.

Grace said...

There is a saying: no matter how many goals a goalkeeper saves, some ppl will only remember the one he missed
You are quedtioning the intergrity of same Nazhat Shameem who was the first judge to raise concern about prison conditions.
Our judiciary is best administeted under Chief Justice Gates's leadership. One needs to evaluate this with open eyes

Semi Voreti said...

I doubt Anon knows meaning of 'teasonous'.

Nikhil Naidu said...

Some ppl have learnt a word: illegal and are running with it like a kid runs with a kite. You need courage to stand by in this type of tough time. CJ Gates is that strong, focused and capable Soldier who kept our judiciary functioning. I am proud of you Sir. God Bless you Sir.

Anonymous said...

The case of Francis Keane is a clear indication of how impartial these judiciary is.

Abrogator said...

A suggestion is let the Fijian people voice their opinion in our media. For years we have been systematically dismantled, had constitution shoved down our throats and for some reason this is acceptable to people like Nicholas Naidu.... Question the process not the intention. Ask the hard questions.

Anthony Gates is a Gay man yes? (fact) isn't that illegal?? How can someone who blatantly speaking is morally disabled hold such a high office??

Nikhil, you support an illegal regime. Past leaders as mentioned before weren't perfect, we know. But why not let the people decide??

Nikhil Naidu said...

Look at your motive, now you coming out wid ur true colour. Who says it is crime to be a gay? You are putting a personal attack here. Jon Apted is also a gay but he appears in Court wIthout any discrimination. The bottom line is that when you had nothing better to say, you make personal attack. Ok put it this way: everythg is illegal n it won't change. Now grab ur bag n run away to a country where everthg is legal pursuant to you.

Grace said...

Being a gay means being disabled? Which book says this?

Anonymous said...

Whoa with the emotions. Which military thugs beat which roped prisoners? Oh you mean the police who have been beating prisoners for years, yes long before 2006? But what has that to do with the judges? Or do you mean the judges beat them too? If the case never went to court why blame judiciary? Man who are these morons on this blogsites?

Anonymous said...

@anon10.09
Who are you to attack homosexuals you fascist? What are you, some fundamentalist fascist? It is illegal to attack gays, yes even under the 1997 Constitution. Under Yash Ghais Constitution gay marriage was even going to be legalised.

Nikhil Naidu said...

We are better thinking ppl then you. You need to find out who threw confessions made by these. prisoners to police? Answer is CJ Gates.
Go n get your facts right.

Grace said...

you are a free loader like Raven Chod n Nikhil Singh - hopeless unemployed people

Grace said...

Rajen Chod

Anonymous said...

My first question would be to ask who is the enquirer that has interviewed her ? How credible is this reporting ? Why is the enquirers name not revealed ?Knowing Naz as long as I have I don't believe this is a fair and true version of an interview with her if there was even an interview conducted.

Abrogator said...

Expressing ourselves doesn't make us morons.

Morally Disabled is what I said.
Personal attacks no. In 2010 homosexuality was decriminalised by a decree.... I wonder why?..

This regime is illegal. Under the very Judiciary system that is getting praised here in this column. And what happened.. Judges got sacked... Constitution gets abrogated.. And boom..we live under an unelected illegal junta. No ifs or buts about that... Yes No Maybe????

Tin Con Beef said...

Correction, homosexuality was never illegal, sodomy was. That is, homosexual or heterosexual, if you engaged in anal sex, you would be breaking the law and sent to jail. To be absolutely clear, a married couple making love in the privacy of their home were only allowed under the law to participate in sex that could result in procreation. Anal or oral sex (sodomy/unnatural sex) was against the law.

This existed in the old penal code written way back in Noah's time, and the law that replaced it in 2010 no longer had this provision. This was the fulfillment of a judgement made by the high court way back in 2005 under the judiciary you think was better than the current one.

As a married man, I find it horrifying that you would prefer such a law to be brought back. What I do with my wife in the privacy of my bedroom is nobody's business, thank you very much.

Nikhil Naidu said...

So at last you have accepted that you know the lady in question and this is a personal attack on her and our Chief Justice. You are one of those losers who have been fixed up by the judiciary .
Shame on you that you are unable to read and digest this post and asking the reason why it was published.
Why the hell you think Croz should answer you? Who are you?

Niklas said...

@Anon, no wonder St. Giles staff were looking for someone at the hibiscus ground. You were the one they were looking for. Boy you should not run away like this from this mental hospital! Get back there as you need urgent treatment.

Queen said...

@Abrogator, it looks like you are disabled that is why you are attacking homosexuals.

Queen said...

@Anon
who cares the interview is geniun or not? She can deny, can't she?

Nikhil Naidu said...

Abragator the public knows the government was declared illegal by aussie lawyers n the judgment was written in Canberra. Does that mean it is REALLY illegal? yes, no or maybe?

Justice, Law & Order said...

An examination of 'Crimestop' might not go amiss? The term refers to George Orwell's '1984'. "Crimestop means the faculty of stopping short, as though by instinct, at the threshold of any dangerous thought. It includes the power of not grasping analogies, of failing to perceive logical errors, of misunderstanding the simplest arguments.....and of being bored and repelled by any train of thought which is capable of leading in a heretical direction. Crimestop, in short, means protective stupidity.' (The March of Folly - Barbara Tuchman: Epilogue p.481)

This 'protective stupidity' has had us in its grip since 'time immemorial'. The Courts of Fiji were in a most parlous situation. The lavatories in many places were not even working. People travelled miles to seek Justice to Courts which were only functioning in the mornings (if that), they rubbed elbows with their alleged attackers: rapists/incest-mongers, aggravated robbers/drug-dealers/fraudsters/abusers of office and far worse, organised criminals and their cronies in the over-crowded lobbies. Charged murderers (since convicted and sentenced) were permitted to roam around prior to Hearings to threaten anyone in sight(they had not been remanded). No Police Sergeant sat upon the entrance to the Courtrooms to instill discipline and orderly conduct. No one bowed to the Bench upon entering or even upon leaving. They came and went as they pleased, dressed any-old-how in a sign of total disrespect. The United Nations Anti-Corruption Team which visited Fiji in May 2009 was informed of this in specific detail. The situation had become scandalous and repugnant to any ordinary observer seeking justice for wrongs.

Recently, the situation has markedly and specifically improved. But there is yet a long way to go. The ordinary Fijian should be able to access justice at a reasonable cost and with our dignity intact. They should never be threatened by any person or persons on the threshold of the Courts, not even in the parking lots. Security should be of the highest order at all times. There are delays but we might have been assisted in the reduction of these delays had those who were informed at considerable personal cost (not merely financial but also by threats with menaces)been prepared to assist us. UNCAC presumably continues to assess the situation? The Judiciary in Fiji are to be commended for the provision of Judicial Services to the long-suffering people of Fiji. Those who think otherwise need to attend to the following quotation. They shall be held to account by those of us who have borne witness over more than ten years to the dysfunctionality of what obtained. Let anyone who sees fit to query or question this come forward. They shall be duly informed. We are more than a few and we are of diverse backgrounds and experience. Speak also to Peter Ridgeway or to members of the SWG9 who acted in good faith, without remuneration of any kind, for over three and a half years. The Justice, Law & Order Planning Committee of Fiji. The last of nine such Planning Committees. Self evidently so.

"The quality of mercy is not strained, it droppeth as the gentle rain from heaven, upon the the place beneath: it is twice blessed; it blesseth him that gives and him that takes; 'Tis mightiest in the mightiest; it becomes the throned monarch better than his crown; His sceptre shows the force of temporal power, the attribute to awe and majesty, Wherein doth sit the dread and fear of kings; But mercy is above the sceptred sway, It is enthroned in the hearts of kings, It is an attribute of God himself, And earthly power doth then show likest God's, When mercy seasons justice."

(The Merchant of Venice - William Shakespeare IV i 184)

Barbra Malimali said...

Dear Abrogator, you hate judiciary, you hate government, you hate homosexuals, you hate Madam Shameem, you are very defensive when caught in an illogical arguement and you change your arguement when you lose.
It looks like you belong to 4.5!

Anonymous said...

@ justice law etc
Yes and yes and yes. Courts run better. Lawyers behave better since the legal service commission and court staff look like court staff rather than remnants from naboro. Ficac has made people careful about corruption too. But police force a big problem frim youtube video to handling complaints

Nikhil Naidu said...

And the credit for this change goes to Madam Nazhat Shameem and our hero CJ Gates.

The continuing legal education and training has produced this result.
Commendable job!

Abrogator said...

Dear Barbara, I'm glad you read my posts and that you read 4.5 to judge who belongs where. Don't you just love the blogsites? It gives you freedom to say what you want and tick people off at the same time without worrying too much about getting rounded up by soldiers.

So you gauge from my posts my hatred for all those things? Wrong. Can I not question the integrity of systems running my country? Can I not express my disapproval of an unelected Government ruling by decree with no legal mandate and no accountability to its people? Sorry Barbara but I am free to express myself, whether you read it or not. I have to respond to each attack here which requires a change of different argument. eg Nikhil just said that the 2009 ruling by ozzy judges were written in Canberra..... Is that "rumour" but evidence hence the abrogation? I ask questions but no one wants to elaborate - help me out if I'm missing the point.

Sure Nikhil let's congratulate These two for turning a blind eye to the illegal abusing corrupt government and making our court rooms look pretty with flowers and ribbons.

Ratu Soso said...

Abrogator you need a ribbon. wrapped around your neck- tightly baiya
Boy it looks like you have nothing at all to say. Very well said Malimali, this mother fucker is good for blog like 4.5.

Anonymous said...

Abrogator
Your answer is everyone boycotts the courts. If you dont you are turning a blind eye to illegality? Sorry dont agree we need to have child rapists and corrupt businessmen tried. Bit thats ok you carry on boycotting the courts. All the lawyers appear in court. They are also turning a blind eye eh?

Nikhil Naidu said...

Abrogator, we heard enough of your rubbish. Tell me do you pay your tax? If yes then why are you funding illegal government? You will also be investigated and sentenced by this same court. And if you are not a tax payer then the word for you is 'shut up'.

Abrogator said...

Ratu Soso,

Isa. Sa o cala madaga na nomu nanuma de o au e dua na kai idia. Qai o vosaca taki tinaqu. Sa o vakamuri Voreqe saraga na nomu vosavosa ni a vosaca taka e dua nai talai ni kalou. No problem Ratu. That's your way of responding politely then good on you. Keep it up. You belong in the 'New Fiji'.

Again, Barbara, this is what I was just referring to. I state a point and walla.. Ratu Soso decides I belong somewhere else and I'm a MF without even attempting to prove me wrong either with facts, statements or some forms of positive debate. Why? Cmon don't be afraid of a little opposition Ratu. It's healthy.

I like this site. I think I'll stay as long as I wish. Or is there a decree that states I can't? Tsk tsk

abrogator ratblouser said...

Not sifficiently employed with a nasty streak. Unlovely from tip to toe. Surname Ratblouser

Abrogator said...

I'm not asking Anon. I'm stating that this regime has put an untouchable immunity clause in their constitution to protect them from the justice system this article promotes. Why? If the doctorine of necessity was valid to get to where we are to today why seek immunity. Why not front up to the people for their action and brawl it out in court.? No. Too hard? They've just covered their bums in the 'supreme law of the land'. So my question list why immunity????

Anonymous said...

.... Homosexuality is not illegal sodomy is....

Hahaha hahaha hahaha. So 50year old+ Gay men just kissed and hugged for 30+years?

Hahaha haha haha..... Haha

Abrogator said...

Haha another one!

Barbra Malimali said...

Abrogator just answer nikhil. You are a tax payer or not?

Anonymous said...

Maybe abrogator is a child rapist thats why doesnt like judicary.

Ratu Soso said...

Dear Ratblouser I like this site too. Lets play in the sewers together. Must warn you, i am a gay. So your anti gay comments really pissed me off

Abrogator said...

Yes I am an iTaukei middle class tax paying citizen of Fiji. No I'm not a child rapist. Sorry to not fit your 'profiling'. Just another law abiding citizen expressing myself and seeking rational positive debate. Fijis media will not allow me to. I don't know why? Response I get is 'we will get into a lot of trouble with the media council'.

Abrogator said...

Ratu Soso... Nothing more scary then an angry Gay man's invitation to play in the sewers.

I'm terrified.

Anonymous said...

No dear Abro. You are free to speak but not to gay bash or judiciary bash. And that was the law even under Qarase right?

Queen said...

For some people it was okay under Qarase government. but same becomes wrong under Bainimarama government.

Why?

Nikhil Naidu said...

@Queen
becoz for those some ppl this government is illegal.
Actually they don't want to accept this realty that all those who are paying TAX in Fiji are funding this illegal government. The bottom line is that when there will be an investigation, the entire working class citizens will be prosecuted for funding the illegal government by paying Tax.

XO said...

Uro !

Anonymous said...

what a load of farking crap you ghoose!

Abrogator said...

We can't just stop paying tax Nikhil. We have to keep working to feed our families. As per one of my earlier posts we have been systematically pushed into a corner that we can't get out of. But there was hope when the Ghai commission did their tour to formulate a constitution - with the peoples contribution. We saw some hope and patiently waited for this document to first go through the constituent process then become the people's constitution.. But no. Frank and co thought otherwise. This is what we're frustrated about. Why ditch it? If it's the people's contribution why say it is not right for Fiji?

Anyway back to the topic you brought up tax we pay funds an unelected regime. You agree?

She will be brought to justice said...

Once the rule of law is returned to Fiji, and a legitimate government is restored, shameem should have no fears of facing investigation and appearing before an uncompromised judiciary (unlike the current situation). If she is found guilty of treason and having any knowledge or input whatsoever for the disastrous 2006 coup she must face whatever penalties come her way. Treason is an evil act which must be punished severely.

Do the crime, do the time said...

When Fiji returns to the rule of law and an uncompromised judiciary shameem, along with other alleged persons who have committed treason, must show some courage and face investigation and a real court. If found guilty she must be appropriately punished. Treason is a serious crime and deserves a serious penalty. If she is prepared to give evidence against others, including the illegal chief justice she could be given some leniency and only given life in prison if found guilty?

Nikhil Naidu said...

Not only Shameem n CJ Gates but more then 24,000 people serving as Civil Servants will face treason charge for funding illegal government - by paying tax.
If this investigation applies for the above two, it applies for all those who pay tax. Rule is same for all.

Anonymous said...

So we can fund the illegal government and support it for money? That makes it ok? We need money so drug trafficking is ok? If needing money makes treason ok then you cant criticise others for treason. You are also treasonous and must pay for it when the time comes. And no, anonymous blogging against the government wont save you. People in glass houses shouldn't throw stones Abrogator or whoever you are. If you are compromised yourself why attack the judiciary for doing what you are doing yourself?

Nikhil Naidu said...

All those whom you are naming for treason also have family and they are also employed for the same reason as yours - got it you 'dick head'?

Abrogator said...

Nikhil

So the working class become 'aiding' parties to this treason? If there are any legal eagles here reading please enlighten the rest of us if this is true according to Nikhil. I'm guessing the RFMF would also be trialled?

By the way what are your thoughts on the immunity clause in the draft?

Tui said...

You need a good fuck. Abrogator. Lets go n play boy and do not ever under estimate Gay. We can give you nightmares for the rest of your life.

Nikhil Naidu said...

RFMF are part of that 24000 civil servants. I'm surprised at your mentality

Anonymous said...

Abrogator,

You are a civil servant.

Isn't the consitution almost the same as the Ghai draft except a few changes. So indirectly, people have been heard.

By the way, pls have a read of the 1991 constitution if u have time.

Anonymous said...

First charge MPC as he was the key person behind the 2006 coup. He has admitted it himself recently in the cane belts.

Anil

Nikhil Naidu said...

Relying on need for money to support treason is no defence to treason. Its cowards defence. As for immunity, it does not cover civilians. But y complain ? It covers people like abrogator who supported 87 & 2000 coup

Queen said...

@ Abrogator
Funny how we run for lawyers when we get into trouble. The question of helping the illegal government is a moral question, not a legal question. So i dont think your legally aided friends will be able to help you.

Boss said...

Abro you are a real small dick only with head. Go and start class 1 b4 you start reading Constitution. Its a big book you small dick
Your views on this blog shows you are pissed of with gay community becoz they kicked you out from their assembly for being not only physically handicap but also mentally.

Anonymous said...

Amazing how some adults behave on blog sites. Must be the in the comfort of your office or home or coffee shop that you feel all tough and brave to spew attacks. Abrogator, these guys are just scared little pufters but when they sit behind the keyboard they turn into tough guy wannabees. No one seems to want to answer your points positively. All they seem to do diminish you maybe because you're an iTaukei. Nothing new taciqu. iTaukei are always judged because of their bank account or the education level. Boss is a dick size anylist. Nikhil is a well educated moron. Shit I'm gonna invite my whole posse here. Abrogator.. Kua ni leqa.. Na mtaqali sa varau post talega ike

Nikhil Naidu said...

What a cry babies. Who stopped iTaukei's from getting good education and keeping reasonable bank balance? Everything belongs to you. Even under this government, look at the awarding of scharships and employment opportunities-you guyz rule in percentage.

Don't blame us if we are well educated. That doesn't mean we are maroons.
We are what we are becoz of our attitude towards education, money. And yes we eat to live, not live to eat.

Live to Eat said...

Nikhil just made me hungry

Anonymous said...

You should run for elections Nikhil

Then just keep running. 'Us guyz' will be right behind you

Nikhil Naidu said...

That is what I just said. You guyz want to follow others, why can't you lead? Don't be a crowd chaser but make them follow you. People like Rabuka, Chaudhary and Qarase have used you because of your attitude towards education and money. When will learn?

Abrogator said...

Thanks Anon for the support but with these fellas, we just have to sit back and laugh. Boss, Kemudou! Haha. And I'm the one who belongs on 4.5??haha. Nikhil don't be surprised about my mentality you already know how uneducated I am compared to your gang here. You and a few others profiled me already so that won't change. I guess there really is no positive debate anywhere here or in Fiji for that matter. It's just Frank is an angel and everyone opposing him is racist and stupid.

Time to go to my plantation.

Anonymous said...

And frank

Abrogator said...

Then they should of thought of them before they decided to lead the treasonous act. No need for name calling Nikhil. I know you're better then that... Or are you really hyped up haha

Nikhil Naidu said...

That's the best place and you will not have to pay tax and you will not face investigation. Good day

Anonymous said...

Tui... Your lifelong nightmare is when your arsehole is salulu after being ravaged for so long. Shits meant to come out of it... Not the other way around

Anonymous said...

Day off today Nikhil. Still getting taxed. I'll be back though. Don't go anywhere. Awesome day

Nikhil Naidu said...

Hey Abro wats up mate? you don't have any personal attack ? Shame on you buddy?You reminded me of those failed politicians who are good at making personal attacks.

Elce said...

We have first class judiciary and best Chief Justice till todate. They are doing great job. Iam very happy about the new Constituion which has given complete independence to judiciary.

Nikhil Naidu said...

None of these bloggers have posted anything relevant to the interview of the ex judge. The ones who came, came with personal hatred for the lady and with comments which belittle the attackers not the target. This means she is right about the judge that they are independent. The attacker are just gay bashing right wingers who just ptetend to protect human rights. Given the chance they would put all non itaukei in detention camp.

Asylum case Khan (former brother-in-law) said...

Nikhil Naidu are you the same fellow who was Nazhat Shameem's brother-in -law during 1987 coup? Isa I rest my case !!! You were married to Nikhat Shameem a while back weren't you??

Anonymous said...

Oh Nazhat now blogs as Nikhil Naidu ???? so transparent girl. Does you sister Nikhat know that you are using her ex- husbands name for blogging??

Anonymous said...

I am confused. I thought Nikhil Naidu was a strong pro democracy activist in NZ?

Anonymous said...

Keane was convicted and sentenced by Judge Winters. Now he is a judge in NZ.

Nikhil Naidu said...

Personal attacks only.

There are so many Jons. so many Richards, so many Shamimas, so many Imranas, so many Shaistas and Nikhats and so many Peters as well as Nikhil Naidus :
Do you have a line against the article? I don't think so- empty vessels make the most noise.

Nikhil Naidu said...

Hey porn star y don't you tell nikhat that nikhil is defending naz, you can do that blondi, can't you.

Real Nikhil Naidu said...

Nikhil Naidu a.k.a Nazhat Shameem a.k.a Kavita Sharma ....caught taki lewa....hahahahahahahahahaha try using your own name accha!!

Nikhil Naidu said...

that's my real name you asshole However I'm thinking of changing it to Dr. Shaista Shameem, or Barbara Malimali actually I love these names

Anonymous said...

try using shitfat khan

Nikhil Naidu said...

is that ur mums name? ok will use that as well

Anonymous said...

My name is Peter Prasad and I love my old wife Shaista becoz she spreads her legs whenever an whereever i want. Dont say anything about my sex manic wife
I enjoy when she caughs during our round