FIJI UPDATE 1/19/07 - FATIAKI SUSPENDED; PRESIDENT

C O N F I D E N T I A L SUVA 000043

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/19/2017
TAGS: PREL MARR PHUM PINR ASEC FJ
SUBJECT: FIJI UPDATE 1/19/07 - FATIAKI SUSPENDED; PRESIDENT
VALIDATES ALL MILITARY GOVERNMENT DECLARATIONS

REF: SUVA 37 AND PREVIOUS

Classified By: Ambassador Dinger per 1.5 (B) and (D)

Summary
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1. (C) President Iloilo suspended Chief Justice Fatiaki and
directed that investigations should be conducted into
Fatiaki's actions in the aftermath of the 2000 coup. Iloilo
decreed today that all decrees and decisions made by the
military government when Bainimarama was "Acting President"
are valid and remain in force. The suspect in the death of
John Whippy at the Suva Yacht Club December 30 has been
turned over to police. We do not know what charges will be
brought against the suspect, widely reported to be
Bainimarama's brother in law, the Commander of the Navy. End
summary.

President Suspends Chief Justice Fatiaki
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2. (C) President Iloilo suspended CJ Fatiaki 1/19 and
issued a directive to investigate allegations that Fatiaki
drafted decrees and provided legal advice in relation to 2000
coup. The Interim Attorney General said a Tribunal would be
set up inquire into the allegations. CJ Fatiaki was placed
on forced leave by the interim government earlier this month.
Anthony Gates was named "Acting Chief Justice" January 16.
(Comment: The ironies of the interim government
investigating a judge for his alleged role in helping provide
legal justification for the removal of an elected government,
in Fatiaki's case allegedly the Chaudhry government, are
staggering.)

Presidential Decree Validates Military Government Declarations
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3. (C) In a classic case of "backdating," President Iloilo
decreed today that all declarations, decrees and decisions
made by the Fiji military and the military government between
December 5 and January 4 are unconditionally ratified,
validated and confirmed. January 4 was the day Bainimarama
handed executive authority back to Iloilo. We hear that
another decree may be forthcoming stating that no actions
taken by the military during the "State of Emergency" are
subject to legal review or penalty. All this is reportedly
triggered by expectations that many people negatively
affected by RFMF and interim-government actions are about to
file lawsuits. One of the filers reportedly will be PM
Qarase.

Corruption Commission Head to Be Named Soon
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4. (C) Pacnews reports that Sekove Naqiolevu, former Chief
Magistrate of Fiji, and now serving as a high court judge in
the Solomon Islands, is expected to be named Chairman of the
new Anti-Corruption Commission announced by Bainimarama 1/18.
We had heard the same information independently yesterday.
RFMF Deputy Commander Teleni is to be Deputy to the Chairman.
The Commission is to report directly to President Iloilo.
It appears obvious that the Commission will orient itself
toward the civilian portions of government and not toward the
RFMF's own checkered past.

Suspect in Whippy Death Now in Custody
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5. (C) The Department of Public Prosecutions has determined
that there is sufficient evidence to proceed with charges
against the man alleged to have beaten to death John Whippy
at the Suva Yacht club 12/30 after the wedding reception of
Whippy's nephew and Commander Bainimarama's daughter. The
suspect, widely reported to be Commander of the Navy Francis
Keane, is now in police custody. (Keane is Mrs.
Bainimarama's brother. Reportedly his tour at MFO Sinai
ended abruptly when he bashed someone there. The Sinai
incident clearly didn't damage his career.) We shall have to
wait and see if murder, or some lesser charge, is brought.
The military has been extremely sensitive to criticism about
how this case has been handled. In a press release last
week, the RFMF stated that "the military will not condone any
irresponsible reporting and publication" about the case,
saying such reporting would be "an incitement to
instability."
DINGER