Author Archives: fijipensioners

Justice Abused is Justice Denied ll

24 Saturday Nov 2012

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To Whom It May Concern, (It concerns every pensioner and every and every citizen of Fiji )

The following is a summary of my legal observations of the justice/legal regulatory regimes in Fiji. These observations are derived from my own legal research and not by virtue of my position as Fiji’s shortest serving ad-hoc resident magistrate/ Head of the Legal Practitioners Unit.

Judicial Oversight: 
The judiciary of Fiji is regulated by the Administration of Justice Decree 2009. Section 16 states:

Judicial Service Commission
 16.-(1) This section establishes a Judicial Service Commission consisting of:
 (a) The Chief Justice, who is to be its chairperson;
 (b) The President of the Court of Appeal;
 (c) A Legal Practitioner with not less than 15 years post-admission practice, to be appointed by the President on the advice of the Attorney-General;
 (d) A person, not being a legal practitioner, appointed by the President on the advice of the Attorney-General.

 (2) The quorum of the Judicial Service Commission shall consist of the Chairperson and one other member.

 (3) In addition to the functions conferred on it elsewhere in this Decree, the Judicial Service Commission may investigate complaints about judges and judicial officers of courts subordinate to the High Court and may take disciplinary action against them.

(4) For the purposes of taking disciplinary action under subsection (3) above, the Judicial Service Commission may make such Rules as it deems fit for the performance its functions.

(5) The members of the Judicial Service Commission are entitled to such allowances as may be fixed by law.

(6) The Secretary of the Judicial Service Commission shall be the Chief Registrar, or any other person performing the functions of that Office.Firstly note section (s) 16 subsection (ss)(3), above. The effect of this section is that any judge or judicial officer s, subordinate to a high court judge can be subject of any complaint. and dismissed by the Judicial Services Commission, a quorum of which is the Chief Justice and one other member.

This work of legal trickery ensures that the judiciary of Fiji can never be independent whist this decree exists. All judicial officers are beholden to the Chief Justice. In New South Wales, by way of comparison, all judicial officers are subject to parliamentary oversight, not judicial oversight. Whilst the Judicial Commission has the power to investigate complaints, it is Parliament alone that has the power to dismiss, not the Chief Justice with a presidential “rubber stamp”.

The existence of this situation is a cause to the high volume of complaints that are received by the Legal Practitioners Unit. In my short time in office, prior to my dismissal (for reasons unknown) I was unable to ascertain the percentage of complaints that are attributable to the lack of legal profession/judicial independence. 
How can judicial officers in Fiji exercise their functions without “fear or favour”? They simply cannot.

Regulation of the Legal Profession in Fiji 
The legal profession of Fiji is regulated under the Legal Practitioners Decree 2009. The power sits with the Chief Registrar, who in turn acts under the direction of the Chief Justice. This means that the legal profession and the judiciary are under the powers of the Chief Justice. The position of Chief Justice is clearly the most powerful position in Fiji.

The Head of the Legal Practitioners Unit cannot be independent as they are under the direction of the Chief Registrar and the Public Service Commission. This represents a complete lack of independence of legal profession oversight. 
When I raised this issue I was terminated and upon my attempted to return to work, prior to being notified of my termination, I was unlawfully arrested and detained at Nadi Airport and escorted onto the first plane back to Sydney. This was done under Orders of the High Court. 

In NSW the Legal Profession is oversighted by the Office of the Legal Services Commission. This is an independent body with powers to investigate and institute disciplinary proceedings. The Office of the LSC is answerable to Parliament alone. Not like Fiji, where the legal profession is regulated by the Chief Registrar who is answerable to, guess who, the Chief Justice.

In NSW, disciplinary proceedings against the legal profession are prosecuted by the OLSC and taken before members of the Administrative Decisions Tribunal. The members of the ADT are independent and not judicial officers per se.

In Fiji, the Chief Registrar is the prosecutor and the Independent Legal Services Commission (ILSC) is akin to the ADT. Sections 84-98 of this decree establish the ILSC. Section 85 states:

Appointment of Commissioner 
85.—(1) The Commissioner shall be appointed by the President, on the advice of the Attorney-General.

(2) The Commissioner must be a person who is qualified to be a judge under section 15 of the Administration of Justice Decree 2009. 
(3) In advising the President as to the person to be appointed as Commissioner pursuant to subsection (1), the Attorney-General must be satisfied that the person—
 (a) is familiar with the nature of the legal system and legal practice in Fiji; and
 (b) possesses appropriate qualities of independence, integrity and fairness.

(4) The President may appoint a person who is not a citizen of Fiji as the Commissioner. 
(5) The Commissioner may be appointed either on a part-time or full-time basis. 

Note section 85(3)(b) above. It is a prerequisite that the Commissioner be independent. In Fiji the Commissioner is also a high Court judge who is under the direction of, guess who, the Chief Justice. He cannot be deemed to be independent. Remember, justice should not only be done, it should be seen to be done. This very fact is an offence to the basic principles of justice.

All of the ILSC’s decisions will be appealable on the basis that the Commissioner is not independent. There may be some very large damages claims made if and when a new government is formed.

Conclusion 
The judiciary, the legal profession and the ILSC are all under the direct or indirect control of the Chief Justice. This is a dangerous precedent. Justice cannot be done in Fiji until this is remedied. How it came to be like this can only be answered by the Attorney General and the Chief Justice.

I will not provide details of the despicable treatment I received at the hands of the (acting) Chief Registrar, Mohammed Saneem. ( This is the same person who will not accept legal writs against the FNFP from pensioners who have been defrauded ) I will not give details of the evidence I gathered that would warrant the laying of criminal charges against Mr Saneem and Commissioner Madigan. I have alerted the relevant Fijian authorities of these matters. It is not a matter for me. My story will never be told. I gave an undertaking to that effect. 
I pray that JUSTICE may one day come to Fiji. 

Mr Greg Bullard
Former Head of the Legal Practitioners Unit
(8/10/12 to 9/11/12)
Fiji’s shortest ever serving Resident Magistrate

Kevin had shingles.

23 Friday Nov 2012

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Kevin had shingles.
Those of us who spend much time in a doctor’s office should appreciate this! Doesn’t it seem more and more that physicians are running their practices like an assembly line?
Here’s what happened to Kevin:

Kevin walked into a doctor’s office and the receptionist asked him what he had. Kevin said: ‘Shingles.’ So she wrote down his name, address, medical insurance number and told him to have a seat.

Fifteen minutes later a nurse’s aide came out and asked Kevin what he had…
Kevin said, ‘Shingles.’ So she wrote down his height, weight, a complete medical history and told Kevin to wait in the examining room.

A half hour later a nurse came in and asked Kevin what he had. Kevin said, ‘Shingles..’ So the nurse gave Kevin a blood test, a blood pressure test, an electrocardiogram, and told Kevin to take off all his clothes and wait for the doctor.

An hour later the doctor came in and found Kevin sitting patiently in the nude and asked Kevin what he had.

Kevin said, ‘Shingles.’ The doctor asked, ‘Where?’


Kevin said, ‘Outside on the truck. Where do you want me to unload ’em??’

Marijuana Controvesy

22 Thursday Nov 2012

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WASHINGTON — Federal officials have been mostly mute on ballot initiatives legalizing marijuana in the election on November 6. Laws passed in Colorado and Washington will take time to implement. State legislatures must determine the rules for sales, distribution and taxation. Former federal drug officials say the ballot initiatives, which contradict federal law, will be short lived.

A historic moment for supporters of marijuana legalization in the U.S. The states of Colorado and Washington have legalized the possession and sale of marijuana for adult recreational use. The laws put both states on a collision course with federal drug laws.

“The citizens of Colorado and Washington have decided to take the matter into their own hands. And they have seen that prohibition does not work,” said Morgan Fox, communications director for the Marijuana Policy Project.

Critics of current bans on marijuana argue the laws don’t stop anyone from using the drug, and come at great cost to communities through court expenses and incarceration. According to the FBI, 750,000 people are arrested for possession each year, at a cost of more than $40 billion.  

Jasmine Tyler, director of national affairs with the Drug Policy Alliance, compares the marijuana ban to laws that prohibited alcohol use in the U.S. in the 1920s.

“It is the same awe we saw with the toppling of alcohol prohibition, as well. The people knew that the prohibition itself caused more harm and was just ineffective,” said Tyler.

The day after the election, the Justice Department said it was reviewing the ballot initiatives but did not comment on how it will respond. But the statement did say the enforcement of federal drug laws remains unchanged.  

Experts say enforcing the federal laws could be politically awkward for the Obama administration. More Colorado citizens voted for the initiative than for the president. And national polls show a majority of Americans support legalizing marijuana.

“I think polling numbers are as high as they have ever been. And they have risen steadily over the last 10 years. And when you think about the polling numbers for medical marijuana and marijuana, you can’t avoid them anymore,” said Tyler.

Former drug control officials have commented that the victory will be short-lived. They predict the Obama administration will either stop the initiatives up front or challenge the laws in court.

Exercise could repair heart damage

20 Tuesday Nov 2012

Posted by in Health Hints

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Researchers found for the first time that regular and strenuous exercise can make dormant stem cells in the heart spring into life, leading to the development of new heart muscle.

Scientists had already discovered that stem cells could be coaxed into producing new tissue through injections of chemicals known as growth factors, but the new study is the first to suggest that a simple exercise programme has a similar effect.

The findings suggest that damage from heart disease or failure could be at least partially repaired through 30 minutes of running or cycling a day, at enough intensity to work up a sweat.

An early-stage study on healthy rats showed that an equivalent amount of exercise resulted in more than 60 per cent of heart stem cells, which are usually dormant in adults, becoming active.

After two weeks of exercise the mice had a seven per cent increase in the number of cardiomyocites, the “beating” cells in heart tissue, researchers reported in the European Heart Journal.

The team from Liverpool John Moores University said they would now study the effects on mice which had suffered heart attacks to determine whether it could have an even greater benefit.

Dr Georgina Ellison, who led the study, said: “The exercise is increasing the growth factors which are activating the stem cells to go on and repair the heart, and this is the first time that this potential has been shown.

“We hope it might be even more effective in damaged hearts because you have got more reason to replace the large amount of cells that are lost.”

Although some patients with severe heart damage may not be capable of intensive exercise, Dr Ellison said a significant number would easily be able to jog or cycle for 30 minutes a day without risking their health.

“In a normal cardiac rehabilitation programme patients do undertake exercise, but what we are saying is maybe to be more effective it needs to be carried out at a higher intensity, in order to activate the resident stem cells,” she said.

Prof Jeremy Pearson, associate medical director of the British Heart Foundation, which funded the research, said: “This study adds to the growing evidence that adult hearts may be able to make new muscle from dormant stem cells.

“However, much more research is now needed to find out whether what’s been seen in this study can be translated into treatments for human patients.”

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TOO RIDICULOUS!

20 Tuesday Nov 2012

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Did you know that November 19 is officially designated ‘World Toilet Day’? Well yes, it is true that millions around the world suffer the lack of good clean toilet bowls and squats – but surely this concerns only those directly involved in providing the deprived with a decent dunny. The rest of us are not going to be bouncing around wishing each other ‘Happy Toilet Day’.

This so tickled my fancy that I Googled…world days…and there they all are, neatly listed along with world weeks and months. Working backwards…

Coming up on Dec 5: National Jandal Day in NZ. Jandals are also known as Thongs and Flip-Flops. This has to be a very worthy day indeed and one which Fiji’s citizens might also celebrate next month by purchasing a new pair and giving the old pair an honourable burial.

Nov 19: International Men’s Day – which is coincidentally paired with World Toilet Day. Which came first? (Sorry chaps)

Oct 13: International Suit Up Day. If you are under 35 you could always nick round to the nearest ‘op shop’ for a neato cast-off.

 Sep 19: International Talk Like A Pirate Day. Yeah? Right.

Aug 30: International Sex Bomb Day. I am NOT making this up!

Jul 6: International Kissing Day. Mmmm – could be fun.

 Jun 2: World’s Whore Day. (Pass)

May 6: International No Diet Day. Probably a plot hatched by McDonald’s, Pizza King and the good Colonel Saunders. 

Apr 27: World Tapir Day. Those are funny shaped furry things with long tails, short legs, tiny eyes and very long snouts – I think. Not very cuddly, but what the heck, with literally hundreds of other celebratory days, why shouldn’t the tapirs have one too?

 Mar 23: World Meteorology Day. This is the day when all the TV weather men who look more like bank tellers than weather men, and all the weather ladies who bend their arms at the elbow and flap them like chooks, get together annually to celebrate how iffy their forecasts were.

Feb 22: World Thinking Day. Ah-ha! So that’s what’s wrong!

Jan 10: World Laughing Day. With all this rubbish we really do need one – badly.