Identifier
Created
Classification
Origin
07SUVA479
2007-10-02 18:25:00
CONFIDENTIAL
Embassy Suva
Cable title:
FIJI: PROOF OF IG MEDDLING IN THE JUDICIARY
how-toVZCZCXRO4937 PP RUEHPB DE RUEHSV #0479 2751825 ZNY CCCCC ZZH P 021825Z OCT 07 FM AMEMBASSY SUVA TO RUEHC/SECSTATE WASHDC PRIORITY 0100 INFO RUEHBY/AMEMBASSY CANBERRA 1821 RUEHPB/AMEMBASSY PORT MORESBY 1389 RUEHWL/AMEMBASSY WELLINGTON 1589 RUEHNZ/AMCONSUL AUCKLAND 0536 RUEHDN/AMCONSUL SYDNEY 0944 RHHMUNA/HQ USPACOM HONOLULU HI RHHJJAA/JICPAC HONOLULU HI
C O N F I D E N T I A L SUVA 000479
SIPDIS
SIPDIS
E.O. 12958: DECL: 10/03/2017
TAGS: PREL PGOV MARR PHUM FJ
SUBJECT: FIJI: PROOF OF IG MEDDLING IN THE JUDICIARY
REF: SUVA 473
Classified By: Amb. Dinger. Sec. 1.4 (B,D).
Court documents show high-level attempt to steer cases
--------------------------------------------- ---------
C O N F I D E N T I A L SUVA 000479
SIPDIS
SIPDIS
E.O. 12958: DECL: 10/03/2017
TAGS: PREL PGOV MARR PHUM FJ
SUBJECT: FIJI: PROOF OF IG MEDDLING IN THE JUDICIARY
REF: SUVA 473
Classified By: Amb. Dinger. Sec. 1.4 (B,D).
Court documents show high-level attempt to steer cases
-------------- --------------
1. (C) Clear proof has surfaced of the interim government
(IG) attempting to meddle in the Fiji judiciary. The murder
case against the Commander of the Fiji Navy, CDR Francis
Keane, is nearing trial before Justice Gerrard Winter. Keane
is Commodore Bainimarama's brother-in-law and he is accused
of beating a man to death at the wedding reception for
Bainimarama's daughter last New Year's eve. Keane's attorney
filed a challenge seeking forced recusal of Judge Winter from
the case since, allegedly, Winter has shown bias against the
IG. The legal challenge is public record, and attached to it
are two "confidential" documents. One dated Sept. 10 is from
interim Police Commissioner Teleni (formerly the Deputy
Commander of the Fiji military) to the Permanent Secretary
for Justice (also a former Fiji military senior officer)
proposing that no cases concerning the legality of the IG
should go before Justices Winter or Jitoko since, in the
police view, those two judges have exhibited bias against the
IG in past rulings from the bench. The second document dated
Sept. 11 is the Justice PermSec's response telling Teleni
that the police request has been forwarded to acting Chief
Justice Gates for action.
Hypocrisy run rampant
--------------
2. (C) Judge Winter, who holds New Zealand, Australian, and
British citizenship, is due to end his term with the Fiji
judiciary at the end of October. Judge Jitoko is an
ethnic-Fijian. Both have issued rulings in recent months
casting doubt on the legality of the coup, though neither has
presided over a case directly addressing that issue. Judge
Winter's car was tampered with recently, with two lug nuts
removed from a wheel and steering fluid drained from its
reservoir. The recusal issue is to come before Judge Winter
for hearing late this week. Presumably the judge will not be
amused.
3. (C) The hypocrisy of Teleni's request to the judiciary is
remarkable but not surprising. Many observers are now aware
that Acting CJ Gates and his close friend Justice Shameem
colluded with the military prior to the coup and have
continued to intrigue with the IG since then. Yet Gates has
assigned himself to sit with two retired judges on the case
that deposed PM Qarase filed against the IG challenging the
legality of the coup. That case is to reach trial later this
week.
DINGER
SIPDIS
SIPDIS
E.O. 12958: DECL: 10/03/2017
TAGS: PREL PGOV MARR PHUM FJ
SUBJECT: FIJI: PROOF OF IG MEDDLING IN THE JUDICIARY
REF: SUVA 473
Classified By: Amb. Dinger. Sec. 1.4 (B,D).
Court documents show high-level attempt to steer cases
-------------- --------------
1. (C) Clear proof has surfaced of the interim government
(IG) attempting to meddle in the Fiji judiciary. The murder
case against the Commander of the Fiji Navy, CDR Francis
Keane, is nearing trial before Justice Gerrard Winter. Keane
is Commodore Bainimarama's brother-in-law and he is accused
of beating a man to death at the wedding reception for
Bainimarama's daughter last New Year's eve. Keane's attorney
filed a challenge seeking forced recusal of Judge Winter from
the case since, allegedly, Winter has shown bias against the
IG. The legal challenge is public record, and attached to it
are two "confidential" documents. One dated Sept. 10 is from
interim Police Commissioner Teleni (formerly the Deputy
Commander of the Fiji military) to the Permanent Secretary
for Justice (also a former Fiji military senior officer)
proposing that no cases concerning the legality of the IG
should go before Justices Winter or Jitoko since, in the
police view, those two judges have exhibited bias against the
IG in past rulings from the bench. The second document dated
Sept. 11 is the Justice PermSec's response telling Teleni
that the police request has been forwarded to acting Chief
Justice Gates for action.
Hypocrisy run rampant
--------------
2. (C) Judge Winter, who holds New Zealand, Australian, and
British citizenship, is due to end his term with the Fiji
judiciary at the end of October. Judge Jitoko is an
ethnic-Fijian. Both have issued rulings in recent months
casting doubt on the legality of the coup, though neither has
presided over a case directly addressing that issue. Judge
Winter's car was tampered with recently, with two lug nuts
removed from a wheel and steering fluid drained from its
reservoir. The recusal issue is to come before Judge Winter
for hearing late this week. Presumably the judge will not be
amused.
3. (C) The hypocrisy of Teleni's request to the judiciary is
remarkable but not surprising. Many observers are now aware
that Acting CJ Gates and his close friend Justice Shameem
colluded with the military prior to the coup and have
continued to intrigue with the IG since then. Yet Gates has
assigned himself to sit with two retired judges on the case
that deposed PM Qarase filed against the IG challenging the
legality of the coup. That case is to reach trial later this
week.
DINGER