(o) Deportation of Fiji Times Publisher
Opinion: Crosbie Walsh 27 January 2009

The deportation of Fiji Times publisher Australian Rex Gardner has been widely criticised by many parties in Fiji. Media Council chairman Daryl Tarte said the action sent a "damaging message to foreign organizations." The Law Society questioned the "process". The Pacific Islands News Association (PINA) claimed further evidence of attacks on a "free press." Citizen's Constitutional Forum chairman Akuila Yabaki said the act was "unreasonable and ineffective" (no improvement in media reporting had occurred after three previous deportations.) And a Fiji Times editorial asked who was offering such "dubious advice" to the Interim Government . "It is inconceivable", it said, "that a government would take such drastic action on the eve of a regional forum to discuss the nation's future."

One cannot but agree with these judgments, whatever their motivations. Gardner was deported in the wake of a High Court decision fining his paper $100,000 for contempt. Its editor was given a suspended three months jail sentence but Justice Hickie made no judgment against Gardner because a judgment would have visa and work permit implications. The IG, however, thought otherwise, arguing that in pleading guilty to contempt of court Gardner had automatically breached work permit conditions. Immigration Director Viliame Naupoto said "It is consistent with other foreign nationals that were deported. Once they are in breach, they leave.”

Whatever the rights and wrongs of this incident, it provides the IG's critics with more fuel for their fires, and is another example of the IG's diplomatic ineptness. The Government desperately needs wise advisers and spokesmen who think very carefully before they speak. If its cause is just, as it believes, it is certainly not winning any friends by Gardner's deportation.

The irony is that Gardner's work permit expired in a month's time and he was returning to Australia on Saturday, anyway.

For the court decision, see http://www3.paclii.org/fj/cases/FJHC/2009/8.html