Monthly Archives: October 2012

Real Men Flew the Boeing 707, 727 and the DC-8’s

13 Saturday Oct 2012

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WHEN YOU HEARD (YES SIR CAPTIAN) from Dispatch, Flight Service, Gound Service, Maintance, your copilot did not carry NASA get out of jail forms, and 
CHIEF PILOTS HAD BALLS.

In the age of the 707

Those were the good ole days.  Pilots back then were men that didn’t want to be women or girlymen.  Pilots all knew who Jimmy Doolittle was.  Pilots drank coffee, whiskey, smoked cigars and didn’t wear digital watches.

They carried their own suitcases and brain bags like the real men that they were. Pilots didn’t bend over into the crash position multiple times each day in front of the passengers at security so that some Gov’t agent could probe for tweezers or fingernail clippers or too much toothpaste.

Pilots did not go through the terminal impersonating a caddy pulling a bunch of golf clubs, computers, guitars, and feed bags full of tofu and granola on a sissy-trailer with no hat and granny glasses hanging on a pink string around their pencil neck while talking to their personal trainer on the cell phone!!!

Being an Airline Captain was as good as being the King in a Mel Brooks movie. All the Stewardesses (aka. Flight Attendants) were young, attractive, single women that were proud to be combatants in the sexual revolution. They didn’t have to turn sideways, grease up and suck it in to get through the cockpit door.  They would blush and say thank you when told that they looked good, instead of filing a sexual harassment claim. Junior Stewardesses shared a room and talked about men, with no thoughts of substitution.

Passengers wore nice clothes and were polite, they could speak AND understand English.  They didn’t speak gibberish or listen to loud gangsta rap on their IPods.  They bathed and didn’t smell like a rotting pile of garbage in a jogging suit and flip-flops. Children didn’t travel alone, commuting between trailer parks. There were no mongolhordes asking for a “mu-fuggin” seatbelt extension or a Scotch and grapefruit juice cocktail with a twist.

If the Captain wanted to throw some offensive, ranting jerk off the airplane, it was done without any worries of a lawsuit or getting fired.

Axial flow engines crackled with the sound of freedom and left an impressive black smoke trail like a locomotive burning soft coal. Jet fuel was cheap and once the throttles were pushed up they were left there, after all it was the jet age and the idea was to go fast (run like a lizard on a hardwood floor). Economy cruise was something in the performance book, but no one knew why or where it was. When the clacker went off no one got all tight and scared because Boeing built it out of iron, nothing was going to fall off and that sound had the same effect on real pilots then as Viagra does now for those new age guys.

There was very little plastic and no composites on the airplanes or the Stewardesses’ pectoral regions. Airplanes and women had eye pleasing symmetrical curves, not a bunch of ugly vortex generators, ventral fins, winglets, flow diverters, tattoos, rings in their nose, tongues and eyebrows.

Airlines were run by men like Howard Hughes and Juan Trippe who had built their companies virtually from scratch, knew many of their employees by name and were lifetime airline employees themselves…not pseudo financiers and bean counters who flit from one occupation to another for a few bucks, a better parachute or a fancier title while fervently believing that they are a class of beings unto themselves.

And so it was back then….and never will be again.

Synopsis of the Key Issues in attached Submissions to the Constitution Commission on Constitution 20XX of Fiji

11 Thursday Oct 2012

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Synopsis of the Key Issues in attached Submissions to the Constitution
Commission on Constitution 20XX of Fiji
Dr Shaista Shameem
10th October 2012.
1.0 Perspective
The submissions presented to the Constitutional Commission are in the form of
amendments to the 1997 Constitution for three main reasons:
(i) The 1997 Constitution clearly needs amendment- parts of it were excellent
but other parts did not make sense in the general scheme of things causing
a tension between the Bill of Rights provisions and the governance
clauses.
(ii) In 1997 good governance, transparency, accountability and good
administration were not considered to be human rights issues, but now
they are incorporated into international law. The new Constitution of 20XX should reflect that shift in constitutional law towards postmodernity.
(iii) The 1997 Constitution was adopted by consensus and enacted as law.
Justice Gates said in his Chandrika Prasad decision, which was up-held by
the Fiji Court of Appeal, that “the presumption is that the Constitution
remains unimpugned until pronounced otherwise in court”. If we abide by
the rule of law and undertake to do so in future under another Constitution,
we must presume that the court must have the final say in the matter of
abrogation. This has not yet been tested. Therefore our discussions must
begin with the 1997 Constitution.
The 1997 Constitution is amenable to amendment because that document itself makes
it possible to do so (the 1997 Constitution was an amendment of the 1990
Constitution), and also because amending it is the only possible method for making
important changes in the body politic of Fiji, particularly if significant interest groups
still speak favourably of it.
It is no secret that the very first paragraph of the People’s Charter for Change, Peace
and Progress (2008) states that ‘we the people of Fiji affirm that our Constitution
represents the Supreme Law of our country, that it provides the framework for the
conduct of government and the people’. The reference to ‘our Constitution’ in the
People’s Charter meant the 1997 Constitution. This paragraph in the Charter provides
us with an effective rite of passage between the 1997 Constitution and the new one,
without a break in the grundnorm of the nation which was established well before
colonialism, and is an important legal consideration for change.
However, clearly there are parts of the 1997 Constitution that are autocratic and
authoritarian and must be removed. My amendments of the Constitution consider how
best we can retain the democratic and consensus-building parts without the patriarchal, linear, binary and hierarchical governance provisions which give primacy to undemocratic structures in civil and political life. At the same time, I keep in mind the non-negotiable principles established by Decree No 57 of 2012 without which any submissions are unlikely to be accepted since the Constitution Commissioners have, by law, agreed to work within these parameters in taking up their appointments.

2.0 Principles
My proposed amendments of the 1997 Constitution are based on the following
principles:
(i) The amended Constitution emphasises the social contract principle by
defining rights, duties and responsibilities of both the state and the people
from the Bill of Rights perspective so that governance and administration
are understood as a ‘rights and duties’ commitment.
(ii) The Bill of Rights is expanded to include duties of the people to each other
as well as to the State and Government, equal representation in parliament,
and responsibility of the public service and all arms and branches of the
State, as well as the judiciary.
(iii) It is the duty of the State to ensure that every institution within it, as well
as its laws, reflect and consider all views and opinions and give effect to
the social contract perspective of governance.
(iv) The amended Constitution emphasises the accountability principle.
Accountability is required from the very top- from the President, the
House or Houses of Parliament, and from all public officials including the
judiciary. Accountability is expected of anyone who is funded by the State.
The Government, if it expects state funding to come from taxes and other
non-monetary contributions of the people, will have to account for its own
behaviour and those of its state institutions while in power.
Accordingly, the amended Constitution, attached, proposes the following:
(a) The Head of State is appointed by consensus or elected (by the
electoral college of Parliament)
(b) Senior appointments to any public office are made after rigorous and
full consultation with all the people’s representatives in parliament.
(c) Additional independent mechanisms of accountability are included to
give effect to the social contract principle of governance.
(d) New voting mechanisms will closely follow the standards of
representation satisfactory to all communities whether in majority or
minority and conform to international post-modern standards for
voting in complex societies.

(e) The voices of minority groups are heard in concert with majority
groups as a conversation, and not a monologue or diatribe.
(f) As an additional mechanism of accountability, the full spectrum of
rights in international law is confirmed to be an indispensable part of
Fiji’s commitment to the Universal Declaration of Human Rights, and
all its instruments are considered as part of Fiji law.
(g) Everyone’s right to social development, social justice and social
security is protected by the State.
(h) The mechanisms of parliamentary law-making can be independently
assessed against the Constitution and there are checks and balances in
place to ensure that any proposed legislation likely to have an effect on
the rights of people has been properly ventilated and a knowledgeable
decision reached by consensus voting if possible.
(i) Autonomy and self-determination of persons and groups are
accompanied by mechanisms of power-sharing, or joint responsibility,
both vertically (State / People) and horizontally (among families and
communities).
(j) The security services are fully responsible for protecting the
Constitution and parliament and their role includes helping to educate
young people, as part of national service, to understand and commit to
integrated civic responsibility.
(k) The security services will continue to provide assistance internationally
to those in need in other countries whose rights are being violated and
diminished, as part of Fiji’s international responsibility to the world
community.
(l) The security services at all times will keep the people of Fiji fully
informed through the mechanisms of reporting to parliament which
includes the President, the Senate, and the House of Representatives.
(m)The security services shall consider the preamble of the Constitution in
relation to Decree No 57 of 2012.
(n) The Judicial branch of the State will guard its independence with due
diligence and at all times without fear, favour or prejudice.
(o) The Judicial branch will exercise its responsibility to protect the
Constitution through proper resourcing of the Constitutional Court in
particular, and of all other courts of Fiji.
(p) The independent commissions will, at all times, without conflict of
interest, fully exercise their responsibilities pursuant to their mandates.

(q) In situations of crisis, when an emergency must be declared by the
President or appropriate authority, the well-being of the people shall be
of paramount concern in any decision to protect the life of the State.
3.0 Specific Recommendations
The following specific recommendations are made in these submissions:
(i) The Bill of Rights is the core part of the Constitution and all aspects of
governance, administration, state services, representation, accountability
and institutions, including the courts, are based on adherence to the idea of
primacy of rights and duties.
(ii) Parliament (includes the President and two Houses or one) is to be elected
on the basis of an electoral mechanism which gives full effect to rights of
majority as well as minority populations and groups in light of section 30
(2) ‘right to be free from unfair discrimination’.
(iii) The Head of State’s main duty is to protect and up-hold the Constitution
(iv) The primary duty of the security services is to ensure that Parliament is
protected as it does its work in up-holding the rights of the people of Fiji
and makes laws for the betterment of the community of Fiji; a duty that
extends also to devising a scheme of national service as part of the formal
curriculum.
(v) The establishment of the Councils of Elders alongside the Bose Levu
Vakaturaga, as a formal constitutional entity indicating self-determination
and autonomy protected by international law, is for the purpose of
providing all the communities in Fiji with the opportunity to converse with
each other on matters that affect them and to advise the President and, in
turn, receive sage advice from him or her on national issues and concerns.
(vi) The terms of reference of the Councils of Influence shall emphasise
expression of community spirit in the national interest.
(vii) The establishment of the Constitutional Court is a necessary part of the
mechanisms of constitutional protection and is modelled on the South
African Constitution with some significant differences.
(viii) A Charities Commission is proposed to ensure that the public benefit
objective of charities is transparently exercised and accountable to the
people it is designed to assist. It is based on the UK Charities Commission
but other jurisdictions may be considered to decide the best model for Fiji.
(ix) The Human Rights Commission is provided with primary responsibility to
ensure that the rights of everyone in Fiji, particularly the vulnerable
groups, for example, children, disadvantaged persons and groups, women,
people with disabilities, and minority groups are promoted and protected.

(x) In situations of emergency, when the people of Fiji and the life of the State
are threatened, a number of core rights cannot be suspended. Full
consultation with members of parliament and security services is proposed
before a declaration of emergency can be pronounced.
(xi) The oaths of allegiance and office are amended in the Schedule to include
‘up-holding the Constitution’ as a fundamental undertaking of the officers
of the State.
3.0 Role of the Constituent Assembly
The first duty of the Constituent Assembly would be to determine, preferably by
consensus, the principles upon which the governance of the State shall be based.
The discussions should then focus on the types of institutions and voting mechanisms
that would give full effect to those principles.
Acknowledgments:
I am very grateful indeed to the following for making helpful comments on my early ideas
and various drafts: Professor Bradford Morse, Dr David Neilson and Mr Logan Moss
(Waikato University), Dr Chris Wilson and Dr Stephen Winter (Auckland University), and Dr James Anthony and Mr Peter Prasad.

Click on the following link for the full transcript of Dr. Shaista Shameems Submissions to the Constitution Commission.

Subs to Const Commission Oct 10th 2012

Tomatoes are ‘stroke preventers’

10 Wednesday Oct 2012

Posted by in Health Hints

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A diet rich in tomatoes may reduce the risk of having a stroke, according to researchers in Finland.

They were investigating the impact of lycopene – a bright red chemical found in tomatoes, peppers and water-melons.

A study of 1,031 men, published in the journal Neurology, showed those with the most lycopene in their bloodstream were the least likely to have a stroke.

The Stroke Association called for more research into why lycopene seemed to have this effect.

The levels of lycopene in the blood were assessed at the beginning of the study, which then followed the men for the next 12 years.

They were split into four groups based on the amount of lycopene in their blood. There were 25 strokes in the 258 men in the low lycopene group and 11 strokes out of the 259 men in the high lycopene group.

The study said the risk of stroke was cut by 55% by having a diet rich in lycopene.

‘Major reduction’

Dr Jouni Karppi, from the University of Eastern Finland in Kuopio, said: “This study adds to the evidence that a diet high in fruits and vegetables is associated with a lower risk of stroke.

“The results support the recommendation that people get more than five servings of fruits and vegetables a day, which would likely lead to a major reduction in the number of strokes worldwide, according to previous research.”

He said lycopene acted as an antioxidant, reduced inflammation and prevented blood clotting.

Dr Clare Walton, from the Stroke Association, said: “This study suggests that an antioxidant which is found in foods such as tomatoes, red peppers and water-melons could help to lower our stroke risk.

“However, this research should not deter people from eating other types of fruit and vegetables as they all have health benefits and remain an important part of a staple diet.

“More research is needed to help us understand why the particular antioxidant found in vegetables such as tomatoes could help keep our stroke risk down.”

Lest We Forget

10 Wednesday Oct 2012

Posted by in Remembrance

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They went with songs to the battle, they were young.
Straight of limb, true of eyes, steady and aglow.
They were staunch to the end against odds uncounted,
They fell with their faces to the foe.
They shall grow not old, as we that are left grow old:
Age shall not weary them, nor the years condemn.
At the going down of the sun and in the morning,
We will remember them.

House Guest Rules

10 Wednesday Oct 2012

Posted by in Letters

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  • If the house is a shoe-free house please remember that other people will want to use the entrance without tripping over the shoes you left in the middle of the doorway and breaking their necks! 

    • If you found the time to rinse it, you could have found the time to wash it! 
    • Tell your hostess you are available to help her. Then if your hostess needs help she’ll ask for it, and appreciate your not popping into the kitchen eight times in an hour to ask ‘need any help?’ Let’s face it – you hope she’ll say no and she knows it. And your mission was the lavatory anyway. 
    • While she is busy preparing your dinner your hostess does not need to hear the story of how your Aunt Jemima got stuck in a toilet bowl. 
    • If you have children, please advise your hostess in advance of their weird culinary peculiarities. You might be used to churning out six different unplanned dinners a day for the little wretches – your hostess is most probably not. 
    • Suss the joint. Is this a tidy house or is it not? If it is tidy, it is obvious that dumping your possessions on the dining room table, the buffet, the coffee table, the side tables, the kitchen counters, and vacant floor spaces will not be appreciated. 
    • Understand what ‘peace and quiet’ means. Grant your hostess a little very valuable quiet time now and then. A half hour with a book a couple of times a day will suffice. She’s worked hardbefore your visit – and will work hard during your visit and when you have gone – so give her a break. Sit down occasionally and shut up! 
    • Leave the house. Your hostess has her everyday chores to attend to in addition to caring for your needs. So go for a drive, or go for a walk, or visit a local attraction or the shops, and give her some space. After all, she might need to use her Veet. 
    • If you use something – browse through the book-shelves – make a cup of tea – read a magazine – put it back where you found it! 
    • Please leave the bathroom, bedroom, and recreation areas as you found them. Example: if you blew up the Lilo, let the air out and fold it up as you found it. 
    • If you have to smoke, kindly do it in the garden and up-wind of the house. If you are one of those 10% who actually think to empty the ashtray of butts, please do so in the big lined bin outside the kitchen door; not inside in that little bin for the garden scraps. If you are one of the 5% who, rather than place it in the sink, might actually think of washing the ashtray, please do so while your hostess is sitting comfortably – so she won’t hurt herself when she faints. 
    • You are not going to have to pay the power bill. Whether or not you are in the habit of leaving lights, fans, and sundry other electric appliances on in your own home, please remember to ‘turn it off’ in someone else’s. 
    • If there is something wrong with your bedroom or en-suite don’t suffer in silence. If the door to the garden won’t lock properly, or the faucet springs a leak – tell your hosts. You are not being a nuisance. It’s their house and they need to know what is wrong and correct it. 
    • Remember – as Benjamin Franklin said…Fish and house guests smell after three days.

Justice Abused is Justice Denied

09 Tuesday Oct 2012

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The Petition of William Roberts Marshall QC, SC Resident Justice of Appeal Fiji since 16th July 2010 
1. This petition is addressed to the Prime Minister, Commodore Voreqe Bainimarama and to the Military Council.

2.  One object of this petition is to explain, with evidence supported by documents, that since 9th  April 2009 there have been progressive inroads into the independence of the judiciary which process has culminated since mid-April 2012 in a judiciary which at all levels now does what it perceives is required of it by the Executive.  At all levels, judges having heard the evidence, having researched and found the applicable law, and having listened to the submissions of the parties now ask themselves,” Now what would the Attorney General like my decision and judgment in this case to be?” and make their judgment and orders in line with their answer.

3. A second object of this Petition is to persuade you that you should change this Executive policy forthwith.  The commendable objective central to your dismissal of the Qarase government in late 2006 was to have a nation where everyone regardless of race are Fijian citizens; where government is inclusive rather than them extractive, multi-racial rather than racist, and honest rather than corrupt.  Such a government is transparent in its actions so that its citizens can appreciate its problems and performance.  If there is nothing to hide then transparency will be appreciated by informed opinion and that good opinion will trickle down to the grass roots.

4. A transparent non-corrupt inclusive government which values and abides by the rule of law has a chance of being elected whenever, inevitably, some kind of electoral process is put into action and Fijians must vote.  You have said you will win in 2014 against Qarase and the SDA.  But you will not if the perception of voters is that your government has undermined the rule of law to the detriment of innocent individual citizens of Fiji who have become victims of miscarriage of justice.  Another matter is that citizens of Fiji do not want a government which if they have a civil or criminal case before the courts, will ensure a result in favour of the Executive.  They see confidence in the independence and impartiality of the courts as essential.

In the 143 page petition, Marshall says Khaiyum deliberately instigated a campaign to destroy the rule of law in Fiji and tells Bainimarama he must dismiss him or pass the reins on to someone in the ‘Military Council who will.’

Marshall recommends Khaiyum be exiled to Rotuma like Apolosi Nawai and be given no access to the Internet. He also suggests:

a) the Chief Registrar (Justice Arachchi, whose contract was terminated last week) be dismissed
b) Chief Justice Anthony Gates be retired
c) Nazhat Shameem be appointed Chief Justice
d) If she doesn’t accept, it should go to Justice Salesi Temo
d) Shaista Shameem be appointed to the office of Attorney General
e) And William Calachini made Independent Legal Services Commissioner
f) And judges from Sri Lanka serving in the Court of Appeal and Supreme Court be dismissed

In the following excerpts from petition, Marshall details the Machiavellian actions of Khaiyum:

To read the full transcript
Click on this link ~ Final Petition of William R Marshall_rvse

Margaret and Bert

09 Tuesday Oct 2012

Posted by in Daily Humour

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Bert always wanted a pair of authentic cowboy boots, so seeing some on sale, he bought them and wore them home. 

He sauntered into the kitchen and said to his wife, “Notice anything different about me?”

Margaret looked him over. “Nope.”

Frustrated, Bert stormed off into the bathroom, undressed and walked back into the kitchen

completely naked except for the boots.

Again he asked Margaret, a little

louder this time, “Notice anything different

NOW?”

Margaret looked up and said in

her best deadpan, “Bert, what’s

different? It’s hanging down today,

it was hanging down yesterday, it’ll

be hanging down again tomorrow.”

Furious, Bert yelled, “AND DO

YOU KNOW WHY IT’S HANGING

DOWN, MARGARET?”

“Nope. Not a clue”, she replied.

“IT’S HANGING DOWN, BECAUSE

IT’S LOOKING AT MY NEW BOOTS!”

Margaret replied, “Should have

bought a hat, Bert.

Should have bought a hat.”

 

Take a Brisk Walk and Live Longer

09 Tuesday Oct 2012

Posted by in Health Hints

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Intensity of exercise matters far more than duration, found Danish scientists who studied the health of 4,000 people for a decade.

Those who went on a fast walk daily were at half the chance of having a heart attack or stroke as those who didn’t. Jogging daily cut the odds by 40 per cent.

But those who said they walked for an hour at a leisurely pace had just the same risk as those who were largely inactive.

The research compared the likelihood of developing what is termed metabolic syndrome – a cluster of conditions including high cholesterol, obesity and high blood pressure – among 3,968 people aged 21 to 98. The participants were volunteers in the Copenhagen City Heart Study,

People with metabolic syndrome have a much higher risk of heart disease and stroke in middle and old age.

However, they also found: “Light physical activity and even more than one hour of walking daily did not confer protection against metabolic syndrome.”

Maureen Talbot, Senior Cardiac Nurse at the British Heart Foundation, said: “This study reminds us that it is only physical activities that leave us feeling warm or breathing more heavily that are good for our health.

“Jogging or walking briskly makes the heart beat faster – exercising the heart muscle – and we should all try to do activities each day which get the blood pumping.

“So if you want to make the walk to work or to the shops part of keeping your heart healthy then try turning it from a leisurely stroll into a power walk to get the benefits.”

An aspirin a day may slow elderly brain decline

08 Monday Oct 2012

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An aspirin a day may slow brain decline in elderly women at high risk of cardiovascular disease, research finds.

Around 500 at risk women, between the ages of 70 to 92, were tracked for five years – their mental capacity was tested at the start and end of the study.

Those taking aspirin for the entire period saw their test scores fall much less than those who had not.

The Swedish study is reported in the journal BMJ Open.

Dr Silke Kern, one of paper’s authors, said: “Unlike other countries – Sweden is unique, it is not routine to treat women at high risk of heart disease and stroke with aspirin. This meant we had a good group for comparison.”

The women were tested using a mini mental state exam (MMSE) – this tests intellectual capacity and includes orientation questions like, “what is today’s date?”, “where are we today?” and visual-spatial tests like drawing two interlinking pentagons.

No self-medication

But the report found that while aspirin may slow changes in cognitive ability in women at high risk of a heart attack or stroke, it made no difference to the rate at which the women developed dementia – which was also examined for by a neuropsychiatrist.

Dr Simon Ridley, head of research at Alzheimer’s Research UK, said: “The results provide interesting insight into the importance of cardiovascular health on cognition, but we would urge people not to self-medicate with aspirin to try to stave off dementia.

“The study reports no benefit from aspirin on overall dementia rates in the group, and previous trials investigating the potential of drugs like aspirin for dementia have been negative.”

Dr Kern added: “We don’t know the long term risks of taking routine aspirin. For examples ulcers and serious bleeds may outweigh the benefits we have seen. More work is needed. We will be following up the women in this study again in five years.”