Trials since the Fiji coup of 2000
Encyclopedia
A number of prominent participants in the coup have been tried, and some convicted, in 2004 and 2005. Many of those tried include Cabinet Minister
, parliamentarians
, and others who have links to the present government, which has come under criticism from some quarters for releasing on parole
some of the persons convicted.
Strained relationships among some of Fiji's senior judges have raised some concerns about the conduct of the trials. The Fiji Sun claimed on 3 November 2005 that documents in their possession revealed that three Justices - Nazhat Shameem
, Anthony Gates
and John Byrne
- had written to Chief Justice
Daniel Fatiaki
asking that Justice Michael Scott be excluded from any Supreme Court
panel hearing appeals against any of their cases, saying that Scott had exercised "extreme hostility" toward them ever since the upheaval of 2000. They alleged that he had demanded an inquiry into their conduct and had threatened to sue them on his own retirement from the bench. Shameem unsuccessfully applied to have Scott excluded from the panel hearing the appeal of former Senator
Ratu Rakuita Vakalalabure
, who was convicted by Shameem of coup-related offences.
Police Commissioner
Andrew Hughes
revealed on 4 January 2006 that 782 individuals had been charged and convicted for 28 types of offences in relation to the coup.
, sometimes known as Ratu Timoci Silatolu, and Josefa Nata, were convicted of treason
on 21 March 2003. They were sentenced to life imprisonment
, with a minimum term of 9 years for Silatolu and 7 years for Nata. Silatolu, a disgruntled back-bench MP in the Chaudhry government, had made a crucial telephone call on the day of the coup, alerting his to-conspirators that the time was right for it, and was subsequently appointed to George Speight's rebel cabinet, first as Prime Minister then as Deputy Prime Minister after Speight himself claimed the office. Justice Andrew Wilson found that Silatolu and Nata, a journalist, had told many lies in their defence. In June that year, the pair were sentenced to life imprisonment
. They had earlier rejected plea bargain
ing, refusing an offer of a seven-year sentence if they pleaded guilty.
On 15 July 2005, the Court of Appeal
ordered the government to provide Silatolu and Nata with a lawyer for their pending appeal
.
At a court appearance on 15 September 2005, High Court
Justice Gerard Winter refused an application from Silatolu's lawyer, Inoke Josefa, to require the Military to produce the results of an inquiry it had conducted into the 2000 crisis, accepting their objection that it could compromise national security. Silatolu made a second attempt to force the release of the inquiry on 21 October. Meanwhile, the trial has been adjourned until 16 November. He partially reversed this decision on 27 January 2006, however; he would order the documents to be released, he said - but only after studying them himself to ensure that they did not threaten national security.
Fiji Village
quoted Military lawyer Major
Ana Rokomokoti on 7 February as saying that the Military would seek a stay order on Winter's decision that he should be allowed to view the documents, which the Military declared to be top secret. On the 8th, Winter gave the Military till the 14th to file affidavit
s, pending his ruling on the 23rd. On the 23rd, however, a stay order was placed, and it was announced that a decision would be made the following week as to whether the documents could be declassified and used as defence evidence by plaintiffs.
Fiji Live
reported on 4 March that earlier in the week, Winter had ruled against the Military's request. Winter will now view the documents privately, before deciding whether to make them available to defendants.
The Fiji Times
reported on 1 March that lawyer Abhay Singh had called for Silatolu and Nata to be given a retrial, accusing Justice Andrew Wilson of having been biased in his judgement. "Judge Andrew Wilson was imbalanced in his summing up of the case ... the learned judge made his directions to the assessors on behalf of the prosecution thus influencing the assessors' decisions in that my clients were guilty as charged," he alleged.
Justice Gordon Ward
in the Court of Appeal
dismissed Silatolu and Nata's appeal. Lawyer Abhay Singh announced his intention to lodge a further appeal with the Supreme Court
.
, the then Vice-President, was convicted of falsely swearing in ministers in 2000, and was sentenced to four years' imprisonment. Ratu Rakuita Vakalalabure
, the Deputy Speaker of the House of Representatives
, was also convicted and imprisoned for the same offence. Ratu Viliame Volavola, Peceli Rinakama
, and Viliame Savu were convicted with them, and sentenced to three-year prison terms. On 25 May 2005, the High Court
upheld a decision by the parliamentary
Speaker, Ratu Epeli Nailatikau
, to expel Vakalalabure for nonattendance.
Ostensibly for "health" reasons, Seniloli was paroled on 29 November 2004, having served less than four months of his sentence, generating a storm of protests from the Indo-Fijian dominated opposition and, significantly, from the ethnic Fijian-dominated military
. On grounds of good behaviour, Volavola and Rinakama in turn were released on 17 December 2005 to serve the remainder of their sentences extramurally.
Apisai Tora
(71), along with 11 other men - Peniasi Sabolo (62), Viliame Rakubuli (71), Paula Saukuru (53), Napolioni Vasu (69), Mosese Tuisa (59), Peni Raicebe (60), Vela Tawake (44), Ananaisa Mocei (42), Apenisa Nayate (51), Aca Tuigaloa Sakuru (49) and Kinisimere Qoro (58), and one woman - Peniasi Qoro (27) - were acquitted in the Nadi
Court of charges of unlawful assembly
, for allegedly seizing a military checkpoint on Queen's Highway in the Nadi
suburb of Sabeto on 13 July 2000. Magistrate
Syed Muhktar Shah said he found "extraordinary" and "alarming" discrepancies in police statements and court testimonies, and also said that the accused had not been informed of their rights under Fiji's Bill of Rights
.
The Department of Public Prosecutions filed an appeal, and on 19 September, High Court
Justice John Connors overturned Shah's decision to acquit Tora and his accomplices. He remanded them on F$500
bail pending sentencing in the last week of September.
On 27 September, Tora was sentenced to eight months' imprisonment and his accomplices to four months each. Justice Connors said that the offenses were too serious to warrant a suspended sentence or a fine, and a custodial sentenced had to be imposed. He also said that Tora, a Turaga ni Yavusa (tribal chief) had failed in his obligation to set a good example for his people to follow, as had his fellow-accused, who he said were all mature adults and leaders in the community. "Those with the authority to lead have an obligation to lead in the right direction and not to encourage others to break the law," Connors said.
Tora agreed that he had led his villagers astray, but insisted that he had done so only with a view to getting the attention of the Military and the Great Council of Chiefs
, to hasten the appointment of Ratu Josefa Iloilo to the Presidency. He told the court through his lawyer that as he was the one who had led his villagers to commit the offence, he wished to bear the full brunt of the law, and hoped that his fellow-accused would be dealt with leniently.
Tora's lawyer, Iqbal Khan, has applied for bail
, pending an appeal
against the sentence.
Ratu Inoke Takiveikata
, the Qaranivalu
(a senior chief) of Naitasiri
, was convicted and sentenced to life imprisonment
for facilitating the mutiny at Queen Elizabeth Barracks on 2 November 2000. He was found guilty of giving both moral and practical support to the mutiny, in which four soldiers were killed and four mutineers subsequently beaten to death after the failure of the mutiny. Among other things, he was found to have supplied cellphones to the rebels.
Lautoka
lawyer Iqbal Khan announced on 30 August 2005 that he had filed an application on behalf of Takiveikata and Vakalalabure, to have their convictions quashed. Khan claimed that the two had been denied a fair trial according to Section 29 of the Constitution of Fiji
, as the trial assessors had been handpicked and therefore possibly biased.
On 5 November 2000, New Zealand
's Foreign Minister Phil Goff
publicly accused Lieutenant Colonel
Filipo Tarakinikini, who had served as the Military's principal spokesman during the main events of the coup, of complicity in the mutiny
that had taken place four days earlier, leaving eight soldiers dead. Tarakinikini angrily denied the charges, but the Military ordered an investigation. Tarakinikini left Fiji shortly afterwards, to take up a post as a security adviser at the United Nations
in New York
. He continues to hold this position as of November 2005, but the Military has continued in its efforts to deport him from the United States
to face a court martial in Fiji over the allegations. His resignation from the Army, delivered to President Ratu Josefa Iloilo
in 2002, was rejected by the President at the request of the Military commander, Commodore Bainimarama.
Tarakinikini is fighting the President's refusal of his resignation in the courts. The trial was supposed to begin on 12 September 2005, but was postponed because Tarakinikini's lawyer, Samuela Matawalu, was recovering from a minor stroke
. On 30 November, High Court
Justice Gerald Winter scheduled a hearing for 22 February 2006 and ordered Matawalu to file submissions by 16 January, and the President's Office to reply by 17 February.
(the Tui Cakau
and Minister for Lands and Natural Resources), Senator
Ratu Josefa Dimuri
, Ratu Rokodewala Niumataiwalu (the Tui Wailevu), and Ratu Viliame Rovabokola (the Tui Nadogo), were convicted of unlawful assembly
for having met with the plotters while the coup was in progress, and were imprisoned for eight months.
On 14 April, Lalabalavu and Dimuri were released on parole
, after having served only eleven days of their eight-month sentence. This provoked an angry reaction from the opposition Fiji Labour Party
and from the Citizens Constitutional Forum. Poseci Bune
, Deputy Leader of the Labour Party, called their release "a travesty of justice and made a mockery of the country's judicial system," and accused the government of perverting the course of justice in order to retain the support of its coalition partner. Akuila Yabaki
of the Citizens Constitutional forum concurred, saying that the decision smacked of political interference in the judicial process, showed disrespect to the court, and abused principles of equal treatment.
The Fiji Military Forces
added its own voice to the criticism on 17 April. In a strongly worded statement, Commodore Frank Bainimarama said that he was "frustrated, disturbed, and disappointed" by the decision which, he said, "made a mockery of the military, police, and the judiciary." He went on to emphasize that he was speaking on behalf of the military, not only for himself. His outburst provoked a strong response from Home Affairs Minister Josefa Vosanibola
, who warned him that he would face "discipline" if he did not cease making statements to the media without consulting him. The row escalated, with Bainimarama saying on 19 April that he would not be silenced. Army spokesman Captain Neumi Leweni
also issued his own statement supporting Bainimarama's criticism of government policy. Leweni also criticized Aisea Taoka
, Fiji's Commissioner of Prisons, for his role in the release of the two chiefs, and also hinted darkly of "secret forces in place before the actual release" - believed to be a veiled reference to political intervention in the course of justice. He said that persons convicted of politically motivated crimes "should not be classified as ordinary prisoners" and indicated that early release should not be an option for them. On 20 April, Vosanibola said that he would not be "intimidated" by Bainimarama's comments to the media, and reiterated his threat to take unspecified disciplinary actions against him if he did not cease making public statements without consulting him.
A month before their expiry of their sentences, Rovabokola and Niumataiwalu were released on parole
on 4 August, to serve the remainder of their sentences extramurally. Poor health and old age (both are over 70) were cited as reasons for their early release. Niumataiwalu suffers from high blood pressure and swelling of the feet, while Rovabokola has heart complications.
, former director of the Fiji Intelligence Service, were convicted of consorting with people carrying firearms. They were also found guilty on two counts of unlawful assembly
. "I am satisfied that each of the accused consorted, that is, 'spent time, associated' and were in harmony with the crowd and with George Speight
. They were also in company of persons who were carrying or had possession of arms and ammunitions," declared Magistrate
Ajmal Khan. Khan refused bail
to the defendants, and remanded them in custody pending sentencing. He rejected their defence that they had gone to the Parliamentary complex and met with Speight in order to negotiate an end to the crisis. "I find they knew [in advance] of the illegal takeover of Parliament by George Speight and his men's activities, and had full knowledge of the guns and hostage situation during the duration of the May 19 to July 2000," Khan said.
On 5 May, Khan sentenced Bukaru and Mua, as well as a third defendant, former politician Eroni Lewaqai, to prison terms of two and a half years. Two other defendants, Viliame Sausauwai and Joji Bakoso, received terms of two years and fifteen months, respectively. Lewaqai had been sworn in, illegally, as a Cabinet Minister
, while the other two had attended meetings on Speight's executive committee.
The five reappeared in court before Justice Nazhat Shameem
on 11 July to appeal
their sentences. On 17 September, Justice Anthony Gates
announced that their appeal would be heard on 14 October, but at their appearance on that date, Justice Shameem agreed to adjourn the hearing to 4 November, as their lawyers were not present. It was subsequently postponed till 8 November. The five appealed on the grounds that there was a five-year interval between their initial arrest and the beginning of the trial. After viewing TV footage of the coup events for clarification, Justice Shameem dismissed the appeal on 18 November, saying that they had received less than the maximum sentence allowed, namely four years imprisonment and a fine of $2000
.
Fiji Live
reported on 27 January 2006 that Mua, Bukarau, and Lewaqai had applied for a Compulsory Supervision Order, meaning in effect that they had applied to be released on parole
; the Fiji Sun
reported the next day that all five had applied. Attorney-General
Qoriniasi Bale
said that he was awaiting a report from Prisons Commissioner Aisea Taoka
before making a decision. Taoka said that he would finalize his report in his own time. "The AG will just have to wait because I will not be rushed," the Sun quoted him as saying.
Bale told Fiji Live
on 20 February that he had received the applications, but declined to comment on whether any decision had been made.
On 7 March, Attorney-General Qoriniasi Bale
trefused he applications of Mua, Bukarau, Bakoso, and Sausauwai to serve the remainder of their sentences extramurally.
Unless released early, the men are due for release in 2007.
appeared in court along with four other defendants, Levani Tonitonivanua, Eroni Lewaqai, Viliame Sausauwai, and Antonio Tanaburenisau
on charges of having taken an illegal oath of ministerial office during the coup, on 20 May 2000. Tanaburenisau, who had already admitted the charge on 22 April, apologised. The others, including Kaitani, all pleaded not guilty. The trial of all except Tanaburenisau began on 17 June. A number of witnesses were summoned, among them the Parliamentary Secretary, Mary Chapman
, and Senator
Mitieli Bulanauca
, who was given immunity to testify.
On 20 June, former Cabinet Minister Tu'uakitau Cokanauto
testified. He, too, had been approached by Speight to join the Taukei Cabinet, he said, but had refused.
Former Fiji Television
cameraman Trevor Whippy and policewoman Sainimili Cavuilati testified on 7 July. Cavuilati said that she met Lewaqai on May 20, 2000, the day of the coup, and that he told her he had been appointed Assistant Minister for Urban Development in the rebel cabinet. Whippy, for his part, said that he did not see any of the accused taking an oath or signing any documents.
On 25 July, Kaitani claimed that he could not remember signing any Oath of Allegiance
to be part of Speight's rebel cabinet. In a written statement, he said that he remembered signing many papers, but no oath of office. On 1 August, Kaitani's defence lawyers Iqbal Khan and Rabo Matebalavu called for the charges against Kaitani and his fellow-accused to be dismissed on the grounds that twelve state witnesses who testified, including New Zealand
Police
handwriting expert David Boot, had failed to conclusively link the accused to their alleged crime. Judge Anthony Gates
dismissed the application on 9 August, however, ordering the trial to continue.
Also on 9 August, Kaitani filed an unsworn statement in court that he had deliberately remained in the parliamentary complex during the upheaval, not to support the rebels, but to use his skills as a qualified conflict management trainer to calm the situation. "In my professional capacity, I simply could not leave the parliamentary complex and watch it being taken over," he said. "I decided to take the bull by the horn and remain there." Along with Tonitonivanua, Lewaqai and Sausauwai, he continued to deny having taken an oath or signing an oath. "I did not take an oath of allegiance or sign any documents," he declared, adding that the first he knew of his alleged unconstitutional ministerial appointment was from a newspaper.
He said that of the ten thousand people who had gathered in the parliamentary complex when the crisis was at its height, not one had seen him taking an oath or signing any documents. He questioned why the three alleged witnesses, including former Vice-President Seniloli, had not been called to give evidence against him.
Tonitonivanua said that when the police and army had raided his home with a search warrant, he had told them they could write whatever they wished. Sausauwai, for his part, claimed that the police had extorted a false confession out of him, while Lewaqai complained that he had not been allowed to call his lawyer during the police interview.
Lawyers for the accused attacked the credibility of state witnesses, claiming that Boot had failed to prove "beyond reasonable doubt" that the signatures on the ministerial oath forms were those of the accused.
In her summing up, however, state prosecutor Ashishna Prasad said that in the course of several police interviews, neither Kaitani nor his fellow accused had denied their involvement in the swearing-in ceremony on 20 May 2000. All of them, she said, had been seen to have spent two minutes in a room with Seniloli, who had been appointed President by Speight, after which they gave one another congratulatory handshakes when they left. She rejected Kaitani's defence that he "shook hands with everyone he meets to express the love and affection of God", saying it was a clear indication that he had sworn a ministerial oath. She quoted Kaitani as having told the police, "Yes, it looks like mine" when shown the oath form. She further alleged that Kaitani had insisted on having his name correctly typed on the form where that of Ratu Kinijoji Maivalili
, who had declined appointment to the Primary Industries portfolio, had been crossed out. The others had also confirmed their signatures on the document, she said.
Five court assessors found Kaitani and his co-accused not guilty on 12 August. Judge Anthony Gates
ratified their decision on 15 August. He said that the prosecution had failed to prove beyond reasonable doubt that the defendants were guilty of the charges specified. "The State's case relied on certain key witnesses as its supporting pillars," Gates said. "If the pillars of the case were not ultimately to be relied on, the house which the prosecution sought to build would collapse. This appears to have been the result in this case ... each of the three central pillars of the evidence upon which the prosecution relied, possessed potential and obvious defects ... (that) could properly give rise to reasonable doubt about the guilt of each of the accused." He declared Kaitani and his fellow-accused acquitted.
On 16 August, Tanaburenisau was handed a suspended sentence for his admitted taking of an illegal oath of office. Justice Gates sentenced the 57-year-old Tanaburenisau to a two-year prison term, suspended on condition that he remain out of trouble during the term of the sentence. Gates said that Tanaburenisau's role had been a relatively minor one, that he had gotten "carried away" and had acted without thinking of the consequences to himself or to his fellow-citizens. Gates said that he had taken Tanaburenisau's age into account, along with the fact that he had pleaded guilty, apologised, and expressed genuine remorse for his actions. Tanaburenisau thanked the court for the suspended sentence, saying that his offence warranted a custodial sentence. He said that he was deeply sorry that his own errors of judgement had caused so much pain.
charges. The four - Jemesa Lawebuka, Filimone Vadei, Lepani Raitila, and Sesoni Sabera - had been arrested along with George Speight
and his rebel group at Kalabu Fijian School in 2001. All four pleaded guilty, and Magistrate
Ajmal Gulab Khan sentenced them to be bound over for twelve months, with a fine of F$300
each. They had not been the leaders of the Kalabu roadblock, Khan considered, but mere sheep following orders. Their decision to plead guilty had also allowed them a discount on what their sentence would have been.
, appeared in court facing a larceny
of documents charge. The charge relates to her having been found in possession of eight classified military documents, and two documents belonging to the Civil Aviation Authority of Fiji, which Military
spokesman Captain Neumi Leweni
considered potentially a valuable clue to the Counter Revolutionary Warfare Unity
(CRW)-led mutiny
at Suva
's Queen Elizabeth Barracks
on 2 November 2000.
According to police Inspector Sekaia Suluka, the following documents were found in Afu's possession:
She was found to be in possession of the documents when arrested on a separate coup-related charge on 21 January 2005, and taken from Koro Island to Suva for questioning. Suluka said that police had discovered the documents in her possession, some of them in her suitcase, while questioning her in Nabua
over the destruction of a studio belonging to Fiji Television Limited
during the 2000 coup. She had denied knowing that the documents were stolen, saying that former CRW soldier Selestino Kalounivale, a close relative of Afu's, who was killed by loyalist soldiers in the mutiny in which he allegedly participated, had given them to her at the Parliamentary complex at the height of the coup and instructed her to keep them, according to defence lawyer Angeline Lata. Her fears of the Military had inhibited her from returning the documents to them, Afu said. Suluka rejected this defence, saying that her keeping of the documents for five years was an indication that she knew they were stolen.
Leweni said that a Military investigation would be conducted as to how and why Afu came to be in possession of the documents.
On 27 January, Magistrate
Ajmal Khan acquitted
Afu in the Suva High Court
. The prosecution had not provided evidence to support its charges that the documents were original, or that Afu had intentionally stolen them, Khan said. He accepted her defence that she had not known the confidential nature of the documents when Kalounivale had given them to her for safekeeping; Kalounivale, for his part, was dead and therefore could not give evidence, he ruled.
On 16 August 2005, the Fiji Court of Appeal
delivered a landmark ruling, ordering a retrial of 20 soldiers from the Counter Revolutionary Warfare Unit (CRW) who had been convicted in a court martial of participating in the 2000 coup and in a subsequent mutiny in November 2000, and sentenced to prison terms of between three and six years. Various legal technicalities have resulted in several adjournments in the court martial retrial since the naming of the court martial panel, under Judge Advocate Graeme Leung
, on 5 October.
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
, parliamentarians
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
, and others who have links to the present government, which has come under criticism from some quarters for releasing on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
some of the persons convicted.
Strained relationships among some of Fiji's senior judges have raised some concerns about the conduct of the trials. The Fiji Sun claimed on 3 November 2005 that documents in their possession revealed that three Justices - Nazhat Shameem
Nazhat Shameem
Nazhat Shameem is a former Fiji Indian judge.She was appointed to the bench in 1999 as Fiji's first, and 2007 so far only, Indo-Fijian female High Court judge...
, Anthony Gates
Anthony Gates
Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...
and John Byrne
John Byrne (judge)
Justice John Byrne is the Senior Judge Administrator of the Supreme Court of Queensland. Having been a judge of that court since 1989, he is one of the court’s most experienced judges.-Pre-judicial Career:...
- had written to Chief Justice
Chief Justice (Fiji)
The Chief Justice is Fiji's highest judicial officer. He or she is appointed by the President on the advice of the Prime Minister, who is required by the Constitution to consult the Leader of the Opposition. This does not give the Leader of the Opposition a veto, only the right to be consulted. ...
Daniel Fatiaki
Daniel Fatiaki
Taniela Vafo'ou Fatiaki CF was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Court and the Supreme Court, but is constitutionally barred from presiding over, or even sitting on, the...
asking that Justice Michael Scott be excluded from any Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
panel hearing appeals against any of their cases, saying that Scott had exercised "extreme hostility" toward them ever since the upheaval of 2000. They alleged that he had demanded an inquiry into their conduct and had threatened to sue them on his own retirement from the bench. Shameem unsuccessfully applied to have Scott excluded from the panel hearing the appeal of former Senator
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Ratu Rakuita Vakalalabure
Rakuita Vakalalabure
Ratu Rakuita Saurara Vakalalabure is a Fijian lawyer and politician. He was first elected to the House of Representatives in 1999 and following the elections after the 2000 political uphevals was a candidate of the Conservative Alliance...
, who was convicted by Shameem of coup-related offences.
Police Commissioner
Commissioner of Police (Fiji)
Fiji has a unified national police force, the Fiji Police, whose motto is Salus Populi.The Fijian Commissioner of Police title had been held by Australian police officer Andrew Hughes since 2003 but after the 2006 takeover of the Government the post has been reserved for a local.The Commissioner is...
Andrew Hughes
Andrew Hughes (police)
Andrew 'Andy' Hughes is a senior officer of the Australian Federal Police who, until recently, served as the Chief Police Officer for the Australian Capital Territory . The CPO position is similar to the role of Australian Commissioners of Police, that is, the chief executive of the ACT Policing...
revealed on 4 January 2006 that 782 individuals had been charged and convicted for 28 types of offences in relation to the coup.
Timoci Silatolu and Josefa Nata
Timoci SilatoluTimoci Silatolu
Timoci Qiolevu Silatolu, sometimes known by his chiefly title of Ratu, is a former Fijian politician.- Political career :As a candidate of the Fijian Association Party, Silatolu was elected to represent the Rewa Fijian Communal Constituency in the House of Representatives in the general election of...
, sometimes known as Ratu Timoci Silatolu, and Josefa Nata, were convicted of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
on 21 March 2003. They were sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, with a minimum term of 9 years for Silatolu and 7 years for Nata. Silatolu, a disgruntled back-bench MP in the Chaudhry government, had made a crucial telephone call on the day of the coup, alerting his to-conspirators that the time was right for it, and was subsequently appointed to George Speight's rebel cabinet, first as Prime Minister then as Deputy Prime Minister after Speight himself claimed the office. Justice Andrew Wilson found that Silatolu and Nata, a journalist, had told many lies in their defence. In June that year, the pair were sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. They had earlier rejected plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
ing, refusing an offer of a seven-year sentence if they pleaded guilty.
On 15 July 2005, the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
ordered the government to provide Silatolu and Nata with a lawyer for their pending appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
At a court appearance on 15 September 2005, High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
Justice Gerard Winter refused an application from Silatolu's lawyer, Inoke Josefa, to require the Military to produce the results of an inquiry it had conducted into the 2000 crisis, accepting their objection that it could compromise national security. Silatolu made a second attempt to force the release of the inquiry on 21 October. Meanwhile, the trial has been adjourned until 16 November. He partially reversed this decision on 27 January 2006, however; he would order the documents to be released, he said - but only after studying them himself to ensure that they did not threaten national security.
Fiji Village
Fiji Village
The Fiji Village is an online news service in Fiji. Published daily, it covers political, business, sporting, cultural, and other news items, and also includes the Yellow Bucket commentary, an editorial which does not necessarily reflect the views of the Fiji Village owners or staff, according to...
quoted Military lawyer Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Ana Rokomokoti on 7 February as saying that the Military would seek a stay order on Winter's decision that he should be allowed to view the documents, which the Military declared to be top secret. On the 8th, Winter gave the Military till the 14th to file affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
s, pending his ruling on the 23rd. On the 23rd, however, a stay order was placed, and it was announced that a decision would be made the following week as to whether the documents could be declassified and used as defence evidence by plaintiffs.
Fiji Live
Fiji Live
Fijilive is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder....
reported on 4 March that earlier in the week, Winter had ruled against the Military's request. Winter will now view the documents privately, before deciding whether to make them available to defendants.
The Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....
reported on 1 March that lawyer Abhay Singh had called for Silatolu and Nata to be given a retrial, accusing Justice Andrew Wilson of having been biased in his judgement. "Judge Andrew Wilson was imbalanced in his summing up of the case ... the learned judge made his directions to the assessors on behalf of the prosecution thus influencing the assessors' decisions in that my clients were guilty as charged," he alleged.
Justice Gordon Ward
Gordon Ward
Lord Chief Justice Gordon Ward was a judge on the Supreme Court of Tonga. He resigned this post in protest at attempts to ban the Taimi 'o Tonga newspaper, a paper unsympathetic to the government, a move which he considered to be unconstitutional. On leaving this post, he took up a new position as...
in the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
dismissed Silatolu and Nata's appeal. Lawyer Abhay Singh announced his intention to lodge a further appeal with the Supreme Court
Supreme Court (Fiji)
The Supreme Court of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" - in other words, there is no judicial authority higher than the...
.
Ratu Jope Seniloli and Ratu Rakuita Vakalalabure
On 6 August 2004 Jope SeniloliJope Seniloli
Ratu Jope Naucabalavu Seniloli is a Fijian chief who holds the title of Turaga Taukei Naua and who served as Fiji's Vice-President from 25 March 2001 to 29 November 2004, when he was forced to resign following his conviction for treason on August 6 2004, and the rejection of his appeal early in...
, the then Vice-President, was convicted of falsely swearing in ministers in 2000, and was sentenced to four years' imprisonment. Ratu Rakuita Vakalalabure
Rakuita Vakalalabure
Ratu Rakuita Saurara Vakalalabure is a Fijian lawyer and politician. He was first elected to the House of Representatives in 1999 and following the elections after the 2000 political uphevals was a candidate of the Conservative Alliance...
, the Deputy Speaker of the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
, was also convicted and imprisoned for the same offence. Ratu Viliame Volavola, Peceli Rinakama
Peceli Rinakama
Peceli Rinakama is a politician in Fiji and a former member of the Parliament of Fiji.-2000 coup and aftermath:Rinakama was elected to Parliament in the 1999 election, representing the constituency of Naitasiri for the Fijian Association Party. During the 2000 Fijian coup d'état, he joined the...
, and Viliame Savu were convicted with them, and sentenced to three-year prison terms. On 25 May 2005, the High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
upheld a decision by the parliamentary
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
Speaker, Ratu Epeli Nailatikau
Epeli Nailatikau
Brigadier-General Ratu Epeli Nailatikau, CF, LVO, OBE, MSD, OStJ, is a Fijian chief and the current President of Fiji. He has had a long career in the Military, diplomatic service, and government...
, to expel Vakalalabure for nonattendance.
Ostensibly for "health" reasons, Seniloli was paroled on 29 November 2004, having served less than four months of his sentence, generating a storm of protests from the Indo-Fijian dominated opposition and, significantly, from the ethnic Fijian-dominated military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
. On grounds of good behaviour, Volavola and Rinakama in turn were released on 17 December 2005 to serve the remainder of their sentences extramurally.
Apisai Tora
On 3 November 2004, SenatorSenate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Apisai Tora
Apisai Tora
Mohammad Apisai Vuniyayawa Tora is a Fijian politician and former soldier and trade unionist. As a labour leader, he was a fighter for dock workers. As a soldier, he served in Malaya and is currently the President of the Ex-Servicemen's League....
(71), along with 11 other men - Peniasi Sabolo (62), Viliame Rakubuli (71), Paula Saukuru (53), Napolioni Vasu (69), Mosese Tuisa (59), Peni Raicebe (60), Vela Tawake (44), Ananaisa Mocei (42), Apenisa Nayate (51), Aca Tuigaloa Sakuru (49) and Kinisimere Qoro (58), and one woman - Peniasi Qoro (27) - were acquitted in the Nadi
Nadi
Nadi is the third-largest conurbation in Fiji. It is located on the western side of the main island of Viti Levu, and had a population of 42,284 at the most recent census, in 2007. Nadi is multiracial with many of its inhabitants Indian or Fijian, along with a large transient population of foreign...
Court of charges of unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
, for allegedly seizing a military checkpoint on Queen's Highway in the Nadi
Nadi
Nadi is the third-largest conurbation in Fiji. It is located on the western side of the main island of Viti Levu, and had a population of 42,284 at the most recent census, in 2007. Nadi is multiracial with many of its inhabitants Indian or Fijian, along with a large transient population of foreign...
suburb of Sabeto on 13 July 2000. Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
Syed Muhktar Shah said he found "extraordinary" and "alarming" discrepancies in police statements and court testimonies, and also said that the accused had not been informed of their rights under Fiji's Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
.
The Department of Public Prosecutions filed an appeal, and on 19 September, High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
Justice John Connors overturned Shah's decision to acquit Tora and his accomplices. He remanded them on F$500
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
bail pending sentencing in the last week of September.
On 27 September, Tora was sentenced to eight months' imprisonment and his accomplices to four months each. Justice Connors said that the offenses were too serious to warrant a suspended sentence or a fine, and a custodial sentenced had to be imposed. He also said that Tora, a Turaga ni Yavusa (tribal chief) had failed in his obligation to set a good example for his people to follow, as had his fellow-accused, who he said were all mature adults and leaders in the community. "Those with the authority to lead have an obligation to lead in the right direction and not to encourage others to break the law," Connors said.
Tora agreed that he had led his villagers astray, but insisted that he had done so only with a view to getting the attention of the Military and the Great Council of Chiefs
Great Council of Chiefs (Fiji)
The Great Council of Chiefs is a now dormant 1997 constitutional body in the Republic of the Fiji Islands. In April 2007 the council was suspended, due to an unworkable relationship with Frank Bainimarama, leader of an "interim government" which came to power through a military coup in December 2006...
, to hasten the appointment of Ratu Josefa Iloilo to the Presidency. He told the court through his lawyer that as he was the one who had led his villagers to commit the offence, he wished to bear the full brunt of the law, and hoped that his fellow-accused would be dealt with leniently.
Tora's lawyer, Iqbal Khan, has applied for bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
, pending an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
against the sentence.
Senator Ratu Inoke Takiveikata
On 23 November 2004, SenatorSenate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Ratu Inoke Takiveikata
Inoke Takiveikata
Ratu Inoke Takiveikata is a Fijian high chief and politician. Since 1997 he has held the title of Qaranivalu, a senior chiefly title in Naitasiri Province...
, the Qaranivalu
Qaranivalu
The Qaranivalu is a senior Chief of Naitasiri Province in Fiji. The Qaranivalu since 1997 is Ratu Inoke Takiveikata. He had played the role of facilitator of the Muanikau Accord between the Fiji Military and coup leader George Speight and his group in July of 2000 that ended the 58 day parliament...
(a senior chief) of Naitasiri
Naitasiri
Naitasiri is one of the 14 provinces of Fiji and one of eight based in Viti Levu, Fiji's largest island.-Geography and infrastructure:Naitasiri as a province covers 1,666 square kilometers , the Province occupies the area to the north and east of Suva, the capital...
, was convicted and sentenced to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for facilitating the mutiny at Queen Elizabeth Barracks on 2 November 2000. He was found guilty of giving both moral and practical support to the mutiny, in which four soldiers were killed and four mutineers subsequently beaten to death after the failure of the mutiny. Among other things, he was found to have supplied cellphones to the rebels.
Lautoka
Lautoka
Lautoka is the second largest city of Fiji and the second largest in the South Pacific. It is in the west of the island of Viti Levu, 24 kilometres north of Nadi, and is the second port of entry in Fiji, after Suva. Lying in the heart of Fiji's sugar cane growing region, it is known as the Sugar...
lawyer Iqbal Khan announced on 30 August 2005 that he had filed an application on behalf of Takiveikata and Vakalalabure, to have their convictions quashed. Khan claimed that the two had been denied a fair trial according to Section 29 of the Constitution of Fiji
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, as the trial assessors had been handpicked and therefore possibly biased.
Filipo Tarakinikini
- See main article: Fiji coup of 2000:MutiniesMutinies of Fiji coup of 2000Two military mutinies took place in connection with the civilian coup d'état that rocked Fiji in 2000, the first while the rebellion instigated by George Speight was in progress, and the second four months after it had ended....
On 5 November 2000, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
's Foreign Minister Phil Goff
Phil Goff
Philip Bruce Goff is the current Leader of the Opposition and the Leader of the New Zealand Labour Party. During the Fifth Labour Government, he served in a number of ministerial portfolios, including Minister of Defence of New Zealand, Minister of Corrections, Minister of Foreign Affairs and...
publicly accused Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Filipo Tarakinikini, who had served as the Military's principal spokesman during the main events of the coup, of complicity in the mutiny
Mutinies of Fiji coup of 2000
Two military mutinies took place in connection with the civilian coup d'état that rocked Fiji in 2000, the first while the rebellion instigated by George Speight was in progress, and the second four months after it had ended....
that had taken place four days earlier, leaving eight soldiers dead. Tarakinikini angrily denied the charges, but the Military ordered an investigation. Tarakinikini left Fiji shortly afterwards, to take up a post as a security adviser at the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in New York
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. He continues to hold this position as of November 2005, but the Military has continued in its efforts to deport him from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
to face a court martial in Fiji over the allegations. His resignation from the Army, delivered to President Ratu Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
in 2002, was rejected by the President at the request of the Military commander, Commodore Bainimarama.
Tarakinikini is fighting the President's refusal of his resignation in the courts. The trial was supposed to begin on 12 September 2005, but was postponed because Tarakinikini's lawyer, Samuela Matawalu, was recovering from a minor stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
. On 30 November, High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
Justice Gerald Winter scheduled a hearing for 22 February 2006 and ordered Matawalu to file submissions by 16 January, and the President's Office to reply by 17 February.
Ratu Naiqama Lalabalavu and Senator Ratu Josefa Dimuri
The political fallout from the coup continued into 2005. On April 3, 2005, Ratu Naiqama LalabalavuNaiqama Lalabalavu
Ratu Naiqama Tawake Lalabalavu is a Fijian Paramount Chief and politician. He was the Minister for Lands and Minister for Mineral Resources in the Cabinet of Prime Minister Laisenia Qarase, prior to his resignation on 7 April 2005...
(the Tui Cakau
Tui Cakau
The Tui Cakau is the Paramount Chief of Cakaudrove Province in Fiji. In Modern Fiji this chiefly title is regarded as the most senior in the Tovata Confederacy, and the third most senior in the country.-Recent history :...
and Minister for Lands and Natural Resources), Senator
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Ratu Josefa Dimuri
Josefa Dimuri
Ratu Josefa Nalumuialevu Dimuri is a Fijian chief and politician, who served as a Senator from 2001 to 2006, when he was elected to the House of Representatives...
, Ratu Rokodewala Niumataiwalu (the Tui Wailevu), and Ratu Viliame Rovabokola (the Tui Nadogo), were convicted of unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
for having met with the plotters while the coup was in progress, and were imprisoned for eight months.
On 14 April, Lalabalavu and Dimuri were released on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
, after having served only eleven days of their eight-month sentence. This provoked an angry reaction from the opposition Fiji Labour Party
Fiji Labour Party
The Fiji Labour Party is a political party in Fiji, which holds observer status with the Socialist International. Most of its support at present comes from the Indo-Fijian community, although it is officially multiracial and its first leader was an indigenous Fijian, Dr. Timoci Bavadra. It is...
and from the Citizens Constitutional Forum. Poseci Bune
Poseci Bune
Poseci Waqalevu Bune is a Fijian politician, who has served as Deputy Leader of the Fiji Labour Party . From June to December 2006, he served as Minister for the Environment, one of nine FLP ministers, in the multiparty Cabinet of Prime Minister Laisenia Qarase...
, Deputy Leader of the Labour Party, called their release "a travesty of justice and made a mockery of the country's judicial system," and accused the government of perverting the course of justice in order to retain the support of its coalition partner. Akuila Yabaki
Akuila Yabaki
Akuila Yabaki is a Fijian human rights activist and Methodist clergyman. He is currently the Executive Director of the Citizens Constitutional Forum, a pro-democracy organization....
of the Citizens Constitutional forum concurred, saying that the decision smacked of political interference in the judicial process, showed disrespect to the court, and abused principles of equal treatment.
The Fiji Military Forces
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
added its own voice to the criticism on 17 April. In a strongly worded statement, Commodore Frank Bainimarama said that he was "frustrated, disturbed, and disappointed" by the decision which, he said, "made a mockery of the military, police, and the judiciary." He went on to emphasize that he was speaking on behalf of the military, not only for himself. His outburst provoked a strong response from Home Affairs Minister Josefa Vosanibola
Josefa Vosanibola
Josefa Bole Vosanibola is a Fijian politician, who has served as Minister for Home Affairs since 16 December 2004, when he was appointed by Prime Minister Laisenia Qarase to succeed Joketani Cokanasiga...
, who warned him that he would face "discipline" if he did not cease making statements to the media without consulting him. The row escalated, with Bainimarama saying on 19 April that he would not be silenced. Army spokesman Captain Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
also issued his own statement supporting Bainimarama's criticism of government policy. Leweni also criticized Aisea Taoka
Aisea Taoka
Aisea Taoka is a Fijian civil servant and former police officer, who currently serves as the Commissioner of Prisons, a position he has held since 1996. He had previously served for 31 years in the Police force....
, Fiji's Commissioner of Prisons, for his role in the release of the two chiefs, and also hinted darkly of "secret forces in place before the actual release" - believed to be a veiled reference to political intervention in the course of justice. He said that persons convicted of politically motivated crimes "should not be classified as ordinary prisoners" and indicated that early release should not be an option for them. On 20 April, Vosanibola said that he would not be "intimidated" by Bainimarama's comments to the media, and reiterated his threat to take unspecified disciplinary actions against him if he did not cease making public statements without consulting him.
A month before their expiry of their sentences, Rovabokola and Niumataiwalu were released on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
on 4 August, to serve the remainder of their sentences extramurally. Poor health and old age (both are over 70) were cited as reasons for their early release. Niumataiwalu suffers from high blood pressure and swelling of the feet, while Rovabokola has heart complications.
Tevita Bukarau, Metuisela Mua, Viliame Sausauwai, Eroni Lewaqai, and Joji Bakoso
On 27 April 2004, five persons, including Tevita Bukarau, the former chief military lawyer, and Metuisela MuaMetuisela Mua
Colonel Metuisela Mua is former Fijian military officer, intelligence officer and politician.He was the director of the Fiji Intelligence Services, established by Colonel Sitiveni Rabuka's military government in 1988, until it was disbanded by elected Prime Minister Mahendra Chaudhry in 1999.He was...
, former director of the Fiji Intelligence Service, were convicted of consorting with people carrying firearms. They were also found guilty on two counts of unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
. "I am satisfied that each of the accused consorted, that is, 'spent time, associated' and were in harmony with the crowd and with George Speight
George Speight
George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...
. They were also in company of persons who were carrying or had possession of arms and ammunitions," declared Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
Ajmal Khan. Khan refused bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
to the defendants, and remanded them in custody pending sentencing. He rejected their defence that they had gone to the Parliamentary complex and met with Speight in order to negotiate an end to the crisis. "I find they knew [in advance] of the illegal takeover of Parliament by George Speight and his men's activities, and had full knowledge of the guns and hostage situation during the duration of the May 19 to July 2000," Khan said.
On 5 May, Khan sentenced Bukaru and Mua, as well as a third defendant, former politician Eroni Lewaqai, to prison terms of two and a half years. Two other defendants, Viliame Sausauwai and Joji Bakoso, received terms of two years and fifteen months, respectively. Lewaqai had been sworn in, illegally, as a Cabinet Minister
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
, while the other two had attended meetings on Speight's executive committee.
The five reappeared in court before Justice Nazhat Shameem
Nazhat Shameem
Nazhat Shameem is a former Fiji Indian judge.She was appointed to the bench in 1999 as Fiji's first, and 2007 so far only, Indo-Fijian female High Court judge...
on 11 July to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
their sentences. On 17 September, Justice Anthony Gates
Anthony Gates
Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...
announced that their appeal would be heard on 14 October, but at their appearance on that date, Justice Shameem agreed to adjourn the hearing to 4 November, as their lawyers were not present. It was subsequently postponed till 8 November. The five appealed on the grounds that there was a five-year interval between their initial arrest and the beginning of the trial. After viewing TV footage of the coup events for clarification, Justice Shameem dismissed the appeal on 18 November, saying that they had received less than the maximum sentence allowed, namely four years imprisonment and a fine of $2000
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
.
Fiji Live
Fiji Live
Fijilive is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder....
reported on 27 January 2006 that Mua, Bukarau, and Lewaqai had applied for a Compulsory Supervision Order, meaning in effect that they had applied to be released on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
; the Fiji Sun
Fiji Sun
The Fiji Sun is a daily newspaper published in Fiji. Owned by Sun News Limited, it was first published in September 1999. An internet edition is also published....
reported the next day that all five had applied. Attorney-General
Attorney-General (Fiji)
Fiji's chief governmental legal officer is the Attorney General. According to the Constitution of Fiji, the Attorney-General is required to be a qualified lawyer and sits in the Cabinet. The office of the Attorney-General is the oldest surviving executive office in Fiji, having been established...
Qoriniasi Bale
Qoriniasi Bale
Qoriniasi Babitu Bale is a lawyer and political leader, who has served twice as Fiji's Minister for Justice and Attorney-General, most recently from 2001 to 2006, when he was deposed in the military coup of 5 December...
said that he was awaiting a report from Prisons Commissioner Aisea Taoka
Aisea Taoka
Aisea Taoka is a Fijian civil servant and former police officer, who currently serves as the Commissioner of Prisons, a position he has held since 1996. He had previously served for 31 years in the Police force....
before making a decision. Taoka said that he would finalize his report in his own time. "The AG will just have to wait because I will not be rushed," the Sun quoted him as saying.
Bale told Fiji Live
Fiji Live
Fijilive is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder....
on 20 February that he had received the applications, but declined to comment on whether any decision had been made.
On 7 March, Attorney-General Qoriniasi Bale
Qoriniasi Bale
Qoriniasi Babitu Bale is a lawyer and political leader, who has served twice as Fiji's Minister for Justice and Attorney-General, most recently from 2001 to 2006, when he was deposed in the military coup of 5 December...
trefused he applications of Mua, Bukarau, Bakoso, and Sausauwai to serve the remainder of their sentences extramurally.
Unless released early, the men are due for release in 2007.
Simione Kaitani, Levani Tonitonivanua, Eroni Lewaqai, Viliame Sausauwai, and Antonio Tanaburenisau
On 23 May 2005, Transport Minister Simione KaitaniSimione Kaitani
Simione Kaitani is a Fijian politician, who currently serves as Leader of the House, and as such is responsible for the conduct of government business in the House of Representatives. He was previously a Cabinet Minister from 2001 to 2006, serving initially as Minister for Transport and Civil...
appeared in court along with four other defendants, Levani Tonitonivanua, Eroni Lewaqai, Viliame Sausauwai, and Antonio Tanaburenisau
Antonio Tanaburenisau
Antonio Tanaburenisau is a former Fijian politician. He won the Namosi Fijian Communal constituency as a candidate of the Fijian Association Party in the general election of 1999....
on charges of having taken an illegal oath of ministerial office during the coup, on 20 May 2000. Tanaburenisau, who had already admitted the charge on 22 April, apologised. The others, including Kaitani, all pleaded not guilty. The trial of all except Tanaburenisau began on 17 June. A number of witnesses were summoned, among them the Parliamentary Secretary, Mary Chapman
Mary Chapman
Mary Chapman has been the Chief Executive of the Chartered Management Institute in the UK since 1998.-References:*...
, and Senator
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Mitieli Bulanauca
Mitieli Bulanauca
Mitieli Bulanauca is a Fijian politician and former Cabinet Minister.He was educated at Lelean Memorial School in Nausori, Fiji. He graduated from the University of New England, Australia in 1996...
, who was given immunity to testify.
On 20 June, former Cabinet Minister Tu'uakitau Cokanauto
Tu'uakitau Cokanauto
Ratu Tu'uakitau George Cokanauto is a Fijian chief and politician. He is the scion of a distinguished family, as a son of Ratu Sir Edward Cakobau , and brother of the Parliamentary Speaker, Ratu Epeli Nailatikau.- The 1999 election and aftermath :In the parliamentary election of 1999,...
testified. He, too, had been approached by Speight to join the Taukei Cabinet, he said, but had refused.
Former Fiji Television
Fiji Television
Fiji Television Limited is Fiji's television network. It was founded on 15 June 1994 as the first permanent television broadcasting network in the country, although television had previously been introduced temporarily in October 1991 to broadcast the Rugby World Cup as well as Cricket World Cup....
cameraman Trevor Whippy and policewoman Sainimili Cavuilati testified on 7 July. Cavuilati said that she met Lewaqai on May 20, 2000, the day of the coup, and that he told her he had been appointed Assistant Minister for Urban Development in the rebel cabinet. Whippy, for his part, said that he did not see any of the accused taking an oath or signing any documents.
On 25 July, Kaitani claimed that he could not remember signing any Oath of Allegiance
Oath of allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
to be part of Speight's rebel cabinet. In a written statement, he said that he remembered signing many papers, but no oath of office. On 1 August, Kaitani's defence lawyers Iqbal Khan and Rabo Matebalavu called for the charges against Kaitani and his fellow-accused to be dismissed on the grounds that twelve state witnesses who testified, including New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
handwriting expert David Boot, had failed to conclusively link the accused to their alleged crime. Judge Anthony Gates
Anthony Gates
Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...
dismissed the application on 9 August, however, ordering the trial to continue.
Also on 9 August, Kaitani filed an unsworn statement in court that he had deliberately remained in the parliamentary complex during the upheaval, not to support the rebels, but to use his skills as a qualified conflict management trainer to calm the situation. "In my professional capacity, I simply could not leave the parliamentary complex and watch it being taken over," he said. "I decided to take the bull by the horn and remain there." Along with Tonitonivanua, Lewaqai and Sausauwai, he continued to deny having taken an oath or signing an oath. "I did not take an oath of allegiance or sign any documents," he declared, adding that the first he knew of his alleged unconstitutional ministerial appointment was from a newspaper.
He said that of the ten thousand people who had gathered in the parliamentary complex when the crisis was at its height, not one had seen him taking an oath or signing any documents. He questioned why the three alleged witnesses, including former Vice-President Seniloli, had not been called to give evidence against him.
Tonitonivanua said that when the police and army had raided his home with a search warrant, he had told them they could write whatever they wished. Sausauwai, for his part, claimed that the police had extorted a false confession out of him, while Lewaqai complained that he had not been allowed to call his lawyer during the police interview.
Lawyers for the accused attacked the credibility of state witnesses, claiming that Boot had failed to prove "beyond reasonable doubt" that the signatures on the ministerial oath forms were those of the accused.
In her summing up, however, state prosecutor Ashishna Prasad said that in the course of several police interviews, neither Kaitani nor his fellow accused had denied their involvement in the swearing-in ceremony on 20 May 2000. All of them, she said, had been seen to have spent two minutes in a room with Seniloli, who had been appointed President by Speight, after which they gave one another congratulatory handshakes when they left. She rejected Kaitani's defence that he "shook hands with everyone he meets to express the love and affection of God", saying it was a clear indication that he had sworn a ministerial oath. She quoted Kaitani as having told the police, "Yes, it looks like mine" when shown the oath form. She further alleged that Kaitani had insisted on having his name correctly typed on the form where that of Ratu Kinijoji Maivalili
Kinijoji Maivalili
Ratu Kinijoji R. Maivalili is a Fijian Chief and political leader. Since 2001 he has represented the Province of Cakaudrove in the Senate as one of fourteen nominees of the Great Council of Chiefs...
, who had declined appointment to the Primary Industries portfolio, had been crossed out. The others had also confirmed their signatures on the document, she said.
Five court assessors found Kaitani and his co-accused not guilty on 12 August. Judge Anthony Gates
Anthony Gates
Anthony Harold Cumberland Thomas Gates is Acting Chief Justice of Fiji.-Early life:Gates was born in the United Kingdom and is a graduate of Cambridge University, and holds Australian citizenship. He had served as a volunteer teacher as a VSO in Sierra Leone and Sri Lanka...
ratified their decision on 15 August. He said that the prosecution had failed to prove beyond reasonable doubt that the defendants were guilty of the charges specified. "The State's case relied on certain key witnesses as its supporting pillars," Gates said. "If the pillars of the case were not ultimately to be relied on, the house which the prosecution sought to build would collapse. This appears to have been the result in this case ... each of the three central pillars of the evidence upon which the prosecution relied, possessed potential and obvious defects ... (that) could properly give rise to reasonable doubt about the guilt of each of the accused." He declared Kaitani and his fellow-accused acquitted.
On 16 August, Tanaburenisau was handed a suspended sentence for his admitted taking of an illegal oath of office. Justice Gates sentenced the 57-year-old Tanaburenisau to a two-year prison term, suspended on condition that he remain out of trouble during the term of the sentence. Gates said that Tanaburenisau's role had been a relatively minor one, that he had gotten "carried away" and had acted without thinking of the consequences to himself or to his fellow-citizens. Gates said that he had taken Tanaburenisau's age into account, along with the fact that he had pleaded guilty, apologised, and expressed genuine remorse for his actions. Tanaburenisau thanked the court for the suspended sentence, saying that his offence warranted a custodial sentence. He said that he was deeply sorry that his own errors of judgement had caused so much pain.
Jemesa Lawebuka, Filimone Vadei, Lepani Raitila, Sesoni Sabera
It was announced on 6 December 2005 that charges were expected to be laid against a further 98 individuals, with four appearing in court that morning on unlawful assemblyUnlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
charges. The four - Jemesa Lawebuka, Filimone Vadei, Lepani Raitila, and Sesoni Sabera - had been arrested along with George Speight
George Speight
George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...
and his rebel group at Kalabu Fijian School in 2001. All four pleaded guilty, and Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
Ajmal Gulab Khan sentenced them to be bound over for twelve months, with a fine of F$300
Fijian dollar
The dollar has been the currency of Fiji since 1969 and was also the currency between 1867 and 1873. It is normally abbreviated with the dollar sign $, or alternatively FJ$ to distinguish it from other dollar-denominated currencies...
each. They had not been the leaders of the Kalabu roadblock, Khan considered, but mere sheep following orders. Their decision to plead guilty had also allowed them a discount on what their sentence would have been.
Mele Afu
On 20 January 2006 Mele Afu, a 43-year old woman from Narere, Koro IslandKoro Island
Koro is a volcanic island of Fiji that forms part of the Lomaiviti Archipelago. The Koro Sea is named after this volcanic island, which has a chain of basaltic cinder cones extending from north to south along its crest. With a land area of 108.9 square kilometers , it is the sixth largest island...
, appeared in court facing a larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
of documents charge. The charge relates to her having been found in possession of eight classified military documents, and two documents belonging to the Civil Aviation Authority of Fiji, which Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
spokesman Captain Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
considered potentially a valuable clue to the Counter Revolutionary Warfare Unity
Counter Revolutionary Warfare Unit (Fiji)
The Counter Revolutionary Warfare Unit or CRWU was the common name for the First Meridian Squadron, the unit's formal name, which had been disbanded in 2000...
(CRW)-led mutiny
Mutinies of Fiji coup of 2000
Two military mutinies took place in connection with the civilian coup d'état that rocked Fiji in 2000, the first while the rebellion instigated by George Speight was in progress, and the second four months after it had ended....
at Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
's Queen Elizabeth Barracks
Queen Elizabeth Barracks (Fiji)
Queen Elizabeth Barracks is a Fijian Army base, located in the suburb of Nabua, in Suva. It is the national headquarters of the military.The barracks, commonly known as QEB, was the scene of an unsuccessful army mutiny on 2 November 2000...
on 2 November 2000.
According to police Inspector Sekaia Suluka, the following documents were found in Afu's possession:
- Command diaries belonging to the Counter Revolutionary Warfare UnitCounter Revolutionary Warfare Unit (Fiji)The Counter Revolutionary Warfare Unit or CRWU was the common name for the First Meridian Squadron, the unit's formal name, which had been disbanded in 2000...
(CRW). - The minutes of the meetings of the National Security CouncilNational Security Council (Fiji)The National Security Council is, as its name indicates, the Republic of Fiji's National Security Council.It was established in 1990, through the Fiji Intelligence Service Decree, by the interim government which followed the 1987 coups d'état...
in 1999 and 2000. - Civil Aviation Security Decree, and contingency plans.
- Photographs and negatives belonging to the CRW.
- A 1997 contingency plan for NadiNadiNadi is the third-largest conurbation in Fiji. It is located on the western side of the main island of Viti Levu, and had a population of 42,284 at the most recent census, in 2007. Nadi is multiracial with many of its inhabitants Indian or Fijian, along with a large transient population of foreign...
International AirportNadi International AirportNadi International Airport is the main international gateway for the islands of Fiji. It serves about 1.2 million people per year, and is the main hub of Air Pacific. The airport is 10km from the city of Nadi. In 2009 it handled 1,220,000 passengers on international and domestic...
. - Threat analysis.
- Port Police operation procedures.
- A black listBlack ListBlack List is the second of two L.A. Guns compilation albums featuring their third singer Paul Black.-Track listing:#"Stranded in L.A."#"L.A.P.D."#"Show No Mercy"#"One More Reason to Die"#"Looking Over My Shoulder"#"Love & Hate"#"On And On"...
roll. - A document pertaining to SovietSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and LibyaLibyaLibya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
n operations in Fiji. - Briefings from the IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n High Commission.
She was found to be in possession of the documents when arrested on a separate coup-related charge on 21 January 2005, and taken from Koro Island to Suva for questioning. Suluka said that police had discovered the documents in her possession, some of them in her suitcase, while questioning her in Nabua
Nabua
Nabua is a suburb of the Fijian capital of Suva. The Queen Elizabeth Barracks, a major military base which saw a mutiny on 2 November 2000, is located there....
over the destruction of a studio belonging to Fiji Television Limited
Fiji Television
Fiji Television Limited is Fiji's television network. It was founded on 15 June 1994 as the first permanent television broadcasting network in the country, although television had previously been introduced temporarily in October 1991 to broadcast the Rugby World Cup as well as Cricket World Cup....
during the 2000 coup. She had denied knowing that the documents were stolen, saying that former CRW soldier Selestino Kalounivale, a close relative of Afu's, who was killed by loyalist soldiers in the mutiny in which he allegedly participated, had given them to her at the Parliamentary complex at the height of the coup and instructed her to keep them, according to defence lawyer Angeline Lata. Her fears of the Military had inhibited her from returning the documents to them, Afu said. Suluka rejected this defence, saying that her keeping of the documents for five years was an indication that she knew they were stolen.
Leweni said that a Military investigation would be conducted as to how and why Afu came to be in possession of the documents.
On 27 January, Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
Ajmal Khan acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
Afu in the Suva High Court
High Court (Fiji)
The High Court of Fiji is one of three courts established by Chapter 9 of the Constitution of Fiji—the others being the Court of Appeal and the Supreme Court. The Constitution empowers Parliament to create other courts; these are subordinate to the High Court, which is authorized to oversee all...
. The prosecution had not provided evidence to support its charges that the documents were original, or that Afu had intentionally stolen them, Khan said. He accepted her defence that she had not known the confidential nature of the documents when Kalounivale had given them to her for safekeeping; Kalounivale, for his part, was dead and therefore could not give evidence, he ruled.
Counter Revolutionary Warfare Unit - Court Martial
- See main article: Counter Revolutionary Warfare Unit Court Martial, FijiCounter Revolutionary Warfare Unit Court Martial, FijiThe mutiny that took place at Fiji's Queen Elizabeth Barracks in Suva on 2 November 2000, resulted in the death of four loyal soldiers. Four of the rebels were subsequently beaten to death after the rebellion had been quelled...
On 16 August 2005, the Fiji Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...
delivered a landmark ruling, ordering a retrial of 20 soldiers from the Counter Revolutionary Warfare Unit (CRW) who had been convicted in a court martial of participating in the 2000 coup and in a subsequent mutiny in November 2000, and sentenced to prison terms of between three and six years. Various legal technicalities have resulted in several adjournments in the court martial retrial since the naming of the court martial panel, under Judge Advocate Graeme Leung
Graeme Leung
Graham Everett Leung is a Fijian lawyer and former President of the Fiji Law Society. He was also Chairman of the Electoral Commission, and was named as Judge Advocate of a Court Martial panel to retry 20 soldiers convicted mutiny in relation to the Fiji coup of 2000, but a number of complications...
, on 5 October.