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Encyclopedia > Counter Revolutionary Warfare Unit Court Martial, Fiji
 This article documents a current event.
Information may change rapidly as the event progresses.
Politics of Fiji


Constitution of Fiji
Main article - Preamble
Chapters 1 2 3 4 5 6 7 8
::9 10 11 12 13 14 15 16 17

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Main article
Diplomatic relations of Fiji Wikipedia does not have an article with this exact name. ... To suggest a relevant news story for the main page, refer to the criteria then add your suggestion at the candidates page. ... File links The following pages link to this file: Foreign relations of Fiji Fiji Suva Freedom House Atu Ratu-mai-mbula Samulayo Burotu Degei Murimuria Cibaciba and Drakulu Dakuwanga Lewalevu Lingadua Nabangatai Ndauthina Ndengei Ngendi Ngurai Tui Delai Gau Vitu OFC Nations Cup List of national flags Fijian language 1995... Constitutional Structure See main article: Constitution of Fiji and linked articles. ... Background The Constitution of the Republic of the Fiji Islands dates from 1997. ... This article is a commentary on the Preamble to the Fijian constitution. ... Chapter 1: The State. ... Chapter 2: Compact. ... Chapter 3: Citizenship. ... Chapter 4: Bill of Rights. ... Chapter 5: Social Justice. ... Chapter 6: The Parliament. ... Chapter 7: Executive Government. ... Chapter 8 Great Council of Chiefs (Bose Levu Vakaturaga) Chapter 8: Executive Government. ... Chapter 9 Judiciary Section 117 Judicial power (1) The judicial power of the State vests in the High Court, the Court of Appeal and the Supreme Court and in such other courts as are created by law. ... Chapter 10 State Services Section 140 Recruitment and promotion policy The recruitment of persons to a state service, the promotion of persons within a state service and the management of a state service must be based on the following principles: (a) government policies should be carried out effectively and efficiently... Chapter 11 Accountability Part 1 Code of Conduct Section 156 Code of Conduct (1) This section applies to the President, Vice-President, Ministers, members of Parliament, holders of offices established by or continued in existence under this Constitution, members of commissions, Secretaries of departments, the Secretary to the Cabinet and... Chapter 12 Revenue and Expenditure Section 175 Raising of revenue The raising by the Government of revenue or moneys, whether through the imposition of taxation or otherwise, must be authorised by or under an Act. ... Chapter 13 Group Rights Section 185 Alteration of certain Acts (1) A bill alters any of the following Acts, namely: (a) Fijian Affairs Act; (b) Fijian Development Fund Act; (c) Native Lands Act; (d) Native Land Trust Act; (e) Rotuman Act; (f) Rotuman Lands Act; (g) Banaban Lands Act; or... Chapter 14 Emergency Powers Section 187 Emergency powers (1) The Parliament may make a law conferring power on the President, acting an the advice of the Cabinet, to proclaim a state of emergency in Fiji, or in a part of Fiji, in such circumstances as the law prescribes. ... Chapter 15 Amendment of Constitution Section 190 Alteration of Constitution This Constitution maybe altered in the way set out in this Chapter and may not be altered in any other way. ... Chapter 16 Commencement, Interpretation and Repeals Section 193 Short title and commencement (1) This Act maybe cited as the Constitution Amendment Act 1997. ... [Chapter 17] Schedule Oaths and Affirmations [Part 1] A. Oath or Affirmation of Allegiance Oath: I, A.B., do swear that I will be faithful and bear true allegiance to Republic of the Fiji Islands, according to law. ... Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ... The Fijian vice-presidency is a mostly ceremonial office. ... Fiji received its independence in 1970. ... 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 Attorney General of Fiji is his countrys official lawyer within the government. ... The post of Leader of the Opposition is a political office common in countries that are part of the Commonwealth of Nations. ... Fijis Parliament is bicameral. ... The Senate of Fiji is the upper chamber of Parliament. ... Overview The House of Representatives is the lower chamber of Fijis Parliament. ... The Speaker is the presiding officer of the Fijian House of Representatives. ... The High Court of Fiji is independent of the legislative and executive branches of the acting government. ... 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 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 Chief Justice is Fijis highest judicial officer. ... Fijis Court of Appeal is chaired by the President of the Court of Appeal. ... Fiji is divided administratively into four divisions, which are further subdivided into fourteen provinces. ... Fiji has established municipal governments have been established for two cities (Suva and Lautoka) and ten towns (Ba, Labasa, Lami, Levuka, Nadi, Nausori, Nasinu, Savusavu, Sigatoka, and Tavua). ... Fijis municipal elections of October 2002 produced results that allowed three major political parties, the United Fiji Party (SDL), the Fiji Labour Party (FLP), and the National Federation Party (NFP) to claim a victory of sorts. ... Municipal elections were held for 11 of Fijis twelve city and town councils on 22 October 2005. ... The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a constitutional body in the Republic of the Fiji Islands. ... The Great Council of Chiefs The Great Council of Chiefs (Bose Levu Vakaturaga in Fijian) is a formal assembly of Fijis senior hereditary chiefs, along with some representatives of the national government and provincial councils, who may or may not be hereditary chiefs themselves. ... A political party is a political organization subscribing to a certain ideology or formed around very special issues with the aim to participate in power, usually by participating in elections. ... Fiji was a British Crown Colony from 1874 to 1970, and an independent dominion in the British Commonwealth from 1970 to 1987. ... Fiji became a British Crown Colony in 1874, and an independent dominion in the British Commonwealth in 1970. ... Fijis British colonial rulers established the office of Chief Minister in October 1967, along with the Cabinet system of government. ... The Fijian Legislative Council was the colonial precursor to the present-day Parliament, which came into existence when Fiji became independent on 10 October 1970. ... // Historical overview Fijis electoral system is the result of complex negotiations, compromises, and experiments conducted over the years leading up to and following independence from British colonial rule in 1970. ... The Fijian House of Representatives consists of 71 members, all elected from single member constuencies. ... Open constituencies represent one of several electoral models employed in the past and present in the Fijian electoral system. ... Communal constituencies have been the most durable feature of the Fijian electoral system. ... National constituencies are a former feature of the Fijian electoral system. ... Elections in Fiji gives information on election and election results in Fiji. ... The general election to the Fijian Legislative Council in 1966 was the last to be held before independence from the United Kingdom was granted in 1970. ... Politics of Fiji Categories: Stub | Elections in Fiji | Fiji-related stubs ... Fijis election for the House of Representatives held in March 1977 was the second since independence from the United Kingdom in 1970. ... A general election to Fijis House of Representatives was held in September 1977, to resolve the impasse of an earlier election that had been held in March. ... Politics of Fiji Categories: Stub | Elections in Fiji | Fiji-related stubs ... The general election of April 1987 was Fijis fifth since the country had gained its independence from the United Kingdom seventeen years earlier. ... A general election was held to restore Fiji to democracy in 1992. ... Fiji held a general election in 1994, three years earlier than scheduled. ... The general election to the Fijian House of Representatives, held in May 1999, was historic. ... The Constitution of Fiji was restored by a Supreme Court decision, following the failure of the Fiji coup of 2000. ... The Constitution of Fiji requires general elections for the House of Representatives to be held at least once every five years. ... Fiji maintains an independent, but generally pro-Western, foreign policy. ...

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This is a list of politics articles available for every country. ... This is a list of state leaders, showing heads of state and heads of government where different, mainly in parliamentary systems; it should be noted that often a leader is both in presidential systems or dictatorships. ... This is a list of national legislatures, whether parliamentary or congressional, that act as a plenary general assembly of representatives with the power to legislate. ... Elections by country gives information on elections. ... This electoral calendar lists the national/federal direct elections in the countries listed in the list of countries. ... This article is 200KB or more in size. ... Welcome to the index of political parties, an alphabetical list of (mainly) present-day political parties listed in the list of political parties. ...

History of Fiji

Timeline
Discovery
The rise and fall of Cakobau
Colonial Fiji

Fiji since 1970
Main article
Constitutional crisis of 1977
Coups of 1987

Coup of 2000
Main article
Timeline - Mutinies
Aftermath - Allegations
Investigations - Trials
Court Martial - Military unrest

Reconciliation Commission
Main article
Supporters - Opponents
Qualified positions
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Religious reaction
Military-church relations
Foreign reaction

Events since 2000
Military unrest, December 2005 The timeline below shows a thumbnail sketch of Fijian history, from ancient times to the present day. ... Located in the central Pacific Ocean, Fijis geography has made it both a destination and a crossroads for migrations for many centuries. ... The first three quarters of the Nineteenth Century were marked by tribal warfare, incursions from neighbouring Tonga, and the increasing encroachment of foreign powers. ... The United Kingdom turned down its first opportunity to annex Fiji in 1852. ... Since attaining independence from the United Kingdom on 10 October 1970, Fijian history has been marked by exponential economic growth up to 1987, followed by relative stagnation, caused to a large extent by political instability following two military coups in 1987 and a civilian putsch in 2000. ... Categories: Pages needing attention | Stub | Fiji-related stubs | History of Fiji | Politics of Fiji ... Fiji Coups of 1987 refers to the 1987 overthrow of the government of Fiji by Lieutenant Colonel Sitiveni Rabuka, then third in command of the Royal Fiji Military Forces. ... The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of Prime Minister Mahendra Chaudhry on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and his own resignation, possibly... Timeline (2000-2001) May: 19, 20, 26, 27, 29, 30. ... Two military mutinies took place in connection with the civilian coup détat 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. ... The Constitution of Fiji, which had been abrogated by the Interim Military Government of Commodore Frank Bainimarama (who organized a counter-coup to neutralize the civilian coup détat instigated by George Speight in May 2000), was reinstated by the High Court on 15 November that year. ... Conspiracy theories abound concerning the Fiji coup of 2000, in which the elected government of Prime Minister Mahendra Chaudhry was deposed. ... A number of separate, but overlapping, investigations have been conducted by the police into various aspects of the 2000 coup. ... A number of prominent participants in the coup have been tried, and some convicted, in 2004 and 2005. ... Following the quashing of George Speights civilian coup détat in 2000, the Military handed power over to a civilian administration led by the banker, Laisenia Qarase, who won the parliamentary election held to restore democracy in September 2001. ... The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on May 4, 2005, is passed. ... The controversial legislation proposed by the Fijian government to establish a Reconciliation and Unity Commission has the strong support of Prime Minister Qarase, Attorney General Qoriniasi Bale, and other members of the ruling coalition. ... Most Fijian politicians outside of the government have come out against the legislation to establish a Commission with the power, subject to presidential approval, to pardon perpetrators and compensate victims of the coup détat against the elected government in 2000. ... In the midst of the strident public statements both for and against the legislation to establish a Reconciliation and Unity Commission with the power, subject to presidential approval, to compensate victims and pardon persons involved in the coup détat which deposed the elected government in May 2000, a number... Commodore Frank Bainimarama, Commander of the Republic of Fiji Military Forces, has been a vociferous and uncompromising critic of the governments proposal to establish a Reconciliation and Unity Commission, with the power to grant compensation to victims of the 2000 coup, and amnesty to perpetrators of it. ... The Military of Fiji has always had a close relationship between the countrys churches, particularly the Methodist Church, to which some two-thirds of indigenous Fijians belong. ... The controversial Reconciliation, Tolerance, and Unity Bill being promoted by the Fijian government throughout 2005 has generated enormous debate, both locally and internationally. ...

The 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. A total of 42 soldiers from the Counter Revolutionary Warfare Unit, who sympathized with George Speight, whose own civilian coup d'état had been put down by the Military in July, were subsequently convicted of involvement in the mutiny. Among those convicted was Ratu Inoke Takiveikata, the Qaranivalu of Naitasiri, one of Fiji's most senior chiefs. Two military mutinies took place in connection with the civilian coup détat 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. ... Suva is the capital of Fiji. ... November 2 is the 306th day of the year (307th in leap years) in the Gregorian Calendar, with 59 days remaining. ... This article is about the year 2000. ... George Speight George Speight, occasionally known as Ilikimi Naitini (born 1957), 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. ... The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of Prime Minister Mahendra Chaudhry on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and his own resignation, possibly... 2000 : January - February - March - April - May - June - July - August - September - October - November - December This is a timeline for events in July, 2000. ... Ratu Inoke Takiveikata Ratu Inoke Takiveikata (born 1949) is a Fijian high chief and politician. ... The Qaranivalu is a senior Chief of Naitasiri province, Fiji. ... Naitasiri is a Province of Fiji. ... Ratu is a title used by Fijians of chiefly rank. ...

Contents


Retrial ordered

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. The Court of Appeal President, Justice Gordon Ward, ruled that the Military Commander, Commodore Frank Bainimarama had acted properly in convening a court martial, but had exceeded his authority in appointing the members of the panel, thus denying the accused a fair trial. The authority to appoint the court martial panel was vested in the President of Fiji, Ward said, and the Commander could make the appointments only after the President delegated the power to him. He also said that the court martial had improperly failed to separate the charges that each defendant faced. August 16 is the 228th day of the year (229th in leap years) in the Gregorian Calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... 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. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... This article is about the year 2000. ... This article is about the year 2000. ... Fijis Court of Appeal is chaired by the President of the Court of Appeal. ... The military rank of Commodore is used in some navies for officers whose position exceeds that of a Captain, but is less than that of a flag officer. ... Josaia Voreqe Bainimarama, popularly known as Frank Bainimarama, (born 27 April 1954), is the Commander of the Fijian military, who served as Head of the Interim Military Government from 29 May to 13 July 2000, when he handed power over to the newly-appointed President Ratu Josefa Iloilo. ... Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ...


Ward also criticized the oversight of the Fijian government in failing to enact appropriate court martial legislation. Instead of having a law of its own, Fiji still followed the British law, inherited from colonial times, accepting by default whatever changes the British government made to it. Fiji should adopt its own legislation to take account of the realities of the local situation, he said. The British Empire was the largest empire in history. ...


On 18 August, the military rearrested the CRW soldiers whose sentences had been overturned by the Appeal Court, pending a retrial. Military spokesman Captain Neumi Leweni said that the 9 CRW soldiers who had participated in the mutiny had been taken into military custody and detained at Suva's Queen Elizabeth Barracks, while 11 others serving sentences related to the coup of May 2000 remain incarcerated in Korovou Prison. Appeal Court Judge Gerald Winter approved the rearrest and refused the defendants' requests for bail, saying that it could be granted only by a court martial panel, not by the Court of Appeal. August 18 is the 230th day of the year (231st in leap years) in the Gregorian calendar. ... Captain is both a nautical term and a military rank. ... Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ...


Court martial panel named

A ten-member court martial panel was named on 5 October. Military spokesman Captain Neumi Leweni and lawyer Sevuloni Valenitabua announced that that Lieutenant Colonel Apakuki Kurusiga had been appointed President of the court martial, with Fiji Law Society President Graeme Leung as the Judge Advocate. Other members of the panel named were Major Sitiveni Qiliho, Captain Anil Kumar, Lieutenant Eliki Salusalu, Lieutenant Marika Vosawale, Captain Viliame Tokalautawa, Captain Viliame Kolinisau and Captain Vatimio Leva. October 5 is the 278th day of the year (279th in Leap years). ... Captain is both a nautical term and a military rank. ... In the U.S. Army, Air Force and Marine Corps, a lieutenant colonel is a commissioned officer superior to a major and inferior to a colonel. ... Graeme Leung Graeme Leung is a Fijian lawyer and the current (2005) President of the Fiji Law Society. ... Major is a military rank denoting an officer of mid-level command status. ... A Lieutenant is a military, paramilitary or police officer. ...


Multiple adjournments

The court martial was supposed to get underway on 12 October but the proceedings had to be cancelled after prison officials failed to deliver the soldiers facing trial. On 19 October, when the court martial was scheduled to convene, Leung was abruptly dismissed without by President Ratu Josefa Iloilo. The Military's Legal Services Director, Major Kitione Tuinaosara, said that the President wanted to appoint his own Judge Advocate. The Military had done their part by appointing the Court Martial panel, Tuinaosara said, and the onus was on the President to check the panel before approving it. He had not done so, Tuinaosara said. The President's actions effectively adjourned the trial indefinitely. October 12 is the 285th day of the year in the Gregorian calendar (286th in leap years). ... October 19 is the 292nd day of the year (293rd in leap years) in the Gregorian Calendar. ... Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ... Ratu Josefa Iloilo Uluivuda (born December 29, 1920) is the President of Fiji. ... Major is a military rank denoting an officer of mid-level command status. ...


On 21 October, Presidential spokesman Rupeni Nacewa said that the President had withdrawn the Convening Order for the court martial because of "a procedural anomaly." He denied a claim by the Commodore Bainimarama that it was because the Judge Advocate, Graeme Leung, was the choice of the Military. On 26 October, President Iloilo reinstated Leung as Judge Advocate. October 21 is the 294th day of the year (295th in leap years) in the Gregorian Calendar, with 71 days remaining. ... October 26 is the 299th day of the year (300th in leap years) in the Gregorian Calendar, with 66 days remaining. ...


It was announced on 25 November that the court martial had been postponed until further notice. The decision was made pending a Military application to have Judge Advocate Leung commissioned as an army officer, a necessity for the case to proceed, according to Army Legal Services Director Major Kitione Tuinaosara. The application was made to President Iloilo. Another application by defence lawyer Barbara Malimali, concerning the conditions of the soldiers' imprisonment, was also a factor, Tuinaosara said. "They are being held as civilians although they allegedly committed the offences when they were soldiers so the applications are on things like their rest conditions while in detention, among other things," Malimali's application stated. November 25 is the 329th (in leap years the 330th) day of the year in the Gregorian calendar. ... Major is a military rank denoting an officer of mid-level command status. ...


On 15 December, the court martial was yet again adjourned indefinitely, on grounds that the Home Affairs Ministry had not yet approved Judge Advocate Leung's commission as a Military officer. The commissioning request was lodged with the ministry five weeks before. Lesi Korovavala, the Chief Executive Officer of the Home Affairs Ministry, told Fiji Television that disagreements about the nature of Leung's contract were holding up the appointment. The cost of the contract (F$130,000, to be paid by the Military) was also understood to be a matter of contention. December 15 is the 349th day of the year (350th in leap years) in the Gregorian calendar. ... Fiji Television Limited is Fijis television network. ... The Fijian dollar is the currency of Fiji. ...


The Military's response

On 20 December 2005, Commodore Bainimarama demanded Korovavala's resignation in the wake of the repeated adjournments, which Bainimarama alleged to be a case of political interference to make the Military toe the government line. This provoked an angry reaction from Anare Jale, Chief Executive Officer of the Public Service Commission, who said that the Commander had gone too far. "Mr Bainimarama cannot just make public comments as he wishes. There are proper channels to follow if civil servants have complaints about authority," he stated. December 20 is the 354th day of the year (355th in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...


Home Affairs Minister Josefa Vosanibola said on 21 December that the government could not afford to pay the F$130,000 fees that Leung was demanding. "Even the Chief Justice and other High Court judges do not get that kind of money," he said. Instead, his ministry proposed paying F$30,000 plus a daily sitting allowance of F$200, according to a paid advertisement published by Korovavala. This provoked a further outburst from Commodore Bainimarama, who said that the same contract, with the same enumeration, had been offered to the previous Judge Advocate, Sarvadanand Sadal. At any rate, he insisted, the pay was between Leung and the Military, as it was the Military, not the government, that was footing the bill. The case was a difficult one, Bainimarama said, with politics colouring the issues involved. The Military's legal services director, Major Kitione Tuinaosara concurred, saying that it had been difficult to find a judge willing to hear the court martial because of the seriousness of the charges. 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. ... December 21 is the 355th day of the year (356th in leap years) in the Gregorian calendar. ... The Fijian dollar is the currency of Fiji. ... The Chief Justice is Fijis highest judicial officer. ... The High Court of Fiji is independent of the legislative and executive branches of the acting government. ... The Fijian dollar is the currency of Fiji. ... The Fijian dollar is the currency of Fiji. ... Major is a military rank denoting an officer of mid-level command status. ...


The commander also questioned why it had taken more than a month for the ministry to reply to his initial proposal. The government had expressed no reservations about the contract until the military had inquired about the reasons for Leung's delayed commissioning, he alleged.


In another outburst on 22 December, Bainimarama demanded that civil servants like Korovavala and Jale stop trying to "intimidate" the Military. "Jale and Korovavala have been been trying to take me to task," he said. "I challenge them to take me to task in front of the Public Service Commission. Go ahead and make my day," the Fiji Times reported. In the same press conference, the Commander reiterated that the Military would do all in its power to prevent the Unity Bill from becoming law. December 22 is the 356th day of the year (357th in leap years) in the Gregorian Calendar. ... Fiji Times Online The Fiji Times is a daily newspaper published in Fiji. ...


In a further development reported by the Fiji Times on 23 December, Commander Esala Teleni said that the Military had already signed Leung's contract. This, he said, was the prerogative of the Military, not the ministry. He also claimed that Leung had been chosen as Judge Advocate at the request of President Iloilo. "If Home Affairs does not want him, it would go against the President's wish," Commander Teleni said. Home Affairs acting chief executive Saverio Baleikanacea reacted by demanding to know under what and whose authority the Military had concluded its contract with Leung. Fiji Times Online The Fiji Times is a daily newspaper published in Fiji. ... December 23 is the 357th day of the year in the Gregorian Calendar (358th in leap years). ... Insignia of a United States Navy Commander Commander is a military rank used in many navies but not generally in armies or air forces. ...


Other criticisms of the delay

The Fiji Human Rights Commission (FHRC) condemned the delays in the commissioning of Judge Advocate Leung. In a strongly worded statement, Dr. Shaista Shameem, the Director of the Commission, said on 22 December 2005 that the delays violated the constitutional rights of a defendant to have the case determined within a reasonable period of time. December 22 is the 356th day of the year (357th in leap years) in the Gregorian Calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


Leung himself said the same day that he had yet to be commissioned as an Army officer, to allow him to assume the position of Judge Advocate.


Lawyer Barbara Malimali, who represents fourteen of the twenty prisoners awaiting retrial, also criticized the delay, saying that it was causing suffering to the people concerned. These men wanted answers, she said. She threatened to take the matter to court if the standoff was not resolved. Then, on 28 December, she told the Fiji Village news service that she had requested President Ratu Josefa Iloilo, in his capacity as Commander in Chief of the Military, to intervene to uncover the reasons for the delay in implementing his directive to convene the court martial retrial. December 28 is the 362nd day of the year (363rd in leap years) in the Gregorian Calendar, with 3 days remaining. ... Fiji became a republic in 1987, when Queen Elizabeth II of the United Kingdom formally abdicated as Queen of Fiji, following two military coups led by Lieutenant Colonel Sitiveni Rabuka. ... Ratu Josefa Iloilo Uluivuda (born December 29, 1920) is the President of Fiji. ... Commander-in-Chief is the commander of all the military forces within a particular region or of all the military forces of a state. ...


Contempt of court allegations; release on bail

On 30 November, Malimali accused the Military of being in contempt of court when it refused to release former CRW soldier Ropate Nakau on bail to visit his father over weekends, as the High Court had ordered on 11 November, and after Commodore Bainimarama had not replied to two letters she had sent. In response, Major Tuinaosara replied that the soldiers facing mutiny charges were dangerous and should not be released. "The offence deals with firearms and the military will not risk redeploying them. People are forgetting why we are having a retrial. People died in the mutiny. They are forgetting how dangerous these people are and they should not forget the mutiny shook the security of the nation and these people speak of rights," Tuinaosara said. Malimali rejected this, saying that the ten soldiers in remand were citizens, and had a right to be presumed innocent until convicted. November 30 is the 334th day (335th on leap years) of the year in the Gregorian calendar, with 31 days remaining, as the final day of November. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ... Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ... The High Court of Fiji is independent of the legislative and executive branches of the acting government. ... November 11 is the 315th day of the year (316th in leap years) in the Gregorian Calendar, with 50 days remaining. ...


On 1 December, Justice Gerard Winter at the High Court in Suva found Commodore Bainimarama not guilty of contempt of court, but nevertheless ordered his earlier decision be allowed bail on weekends must be implemented. He agreed with Malimali that Nakau was entitled to bail, as the court martial had not yet convened. December 1 is the 335th (in leap years the 336th) day of the year in the Gregorian calendar. ... The High Court of Fiji is independent of the legislative and executive branches of the acting government. ... Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (skipping bail, or jumping bail, is also illegal). ...


In a further ruling, the High Court Justice Jiten Singh released nine of the soldiers on bail on 23 December. Bail conditions granted to Barbados Mills (38), Pauliasi Namulo (34), Usaia Rokobigi (38), Feoko Gadekibua (27), Peni Bitu (41), Lagilagi Vosabeci (45), Usaia Waqatakirewa (34), Kalisito Vuki (43) and Daniel Koroi Tavalena(41) included a curfew to be observed from 6pm to 6am, and an order not to communicate with one another, with witnesses, or with Military personnel. They were ordered to surrender their passports and to report to the police daily between 12 noon and 3pm. Their release was confirmed by lawyer Sevuloni Valenitabua. December 23 is the 357th day of the year in the Gregorian Calendar (358th in leap years). ... A curfew can be one of the following: An order by the government for certain persons to return home before a certain time. ...


Their trial is scheduled to reconvene on 13 February 2006. Military lawyer Major Kitione Tuinaosara condemned the continual deferrals, which had resulted in the bailed release of the men who, he claimed, showed no remorse for the serious offences committed during the mutiny of November 2000 and presented a threat to national security. Their application for bail should have been refused, he said. February 13 is the 44th day of the year in the Gregorian calendar. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... Major is a military rank denoting an officer of mid-level command status. ... 2000 : January - February - March - April - May - June - July - August - September - October - November - December This is a timeline for events in November, 2000. ...


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