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Category Archives: Articles & Reports

Hemp: Could the US rekindle its love affair?

07 Friday Dec 2012

Posted by fijipensioners in Articles & Reports

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origHemp
Jon Kelly, BBC News Magazine – Hemp, once a major US crop, has been banned for years because of its close association with cannabis. But several states now want to resume hemp farming, and two states voted this month in favour of legalisation of cannabis. Could change be in the air?

There’s an all-American plant that weaves its way throughout the nation’s history.

The sails of Columbus’ ships were made from it. So was the first US flag. It was used in the paper on which the Declaration of Independence was printed.

Today, however, industrial hemp is effectively banned by the federal government, damned by association with cannabis, its intoxicating cousin.

While hemp cannot be grown in the US, it can be imported and used to manufacture paper, textiles, rope, fuel, food and plastics.

Its advocates say it is a hugely versatile crop which is already popular with US consumers – a 2012 report by the Congressional Research Service estimated that the annual US retail hemp market could exceed $300m (£188m) in value.

Hemp’s problem is that, like marijuana, it contains tetrahydrocannabinol (THC), a psychoactive chemical, albeit in much smaller doses than its better-known relative.

While the US federal Drugs Enforcement Administration (DEA) adopts a zero-tolerance policy towards THC, hemp advocates say one would have to smoke a telegraph pole-sized joint of hemp to get high from it.

But advocates of its legal cultivation believe the winds of change are blowing.

States such as Oregon, North Dakota, Vermont, Montana and West Virginia have backed its legal cultivation.

In Congress, an unlikely coalition of lawmakers ranging from right-wing Republicans to liberal Democrats are pushing for reform.

And votes in Colorado and Washington state to legalise, regulate and tax marijuana could, supporters believe, open the door of the drug’s less potent relative.

After all, within living memory, fields of hemp abounded in Kentucky and the Midwest.

Continue reading this story Here

Our food imports need better control

05 Wednesday Dec 2012

Posted by fijipensioners in Articles & Reports, Health Hints

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Prawns

CHOLERA-DUSTED prawns, peanuts with a side of pesticide, salmonella-infused chilli powder and E. coli and listeria-flavoured cheeses have been stopped en route to Australian supermarket shelves this year.

The Australian Quarantine and Inspection Service rejected almost 350 shipments of food up to October 30 for failing to meet chemical and bacterial standards, including four shipments of cooked prawns from China and Thailand blocked because of the presence of cholera bacteria.

Chlorpyrifos, a pesticide linked to neurological defects and developmental and autoimmune disorders, was found in peanuts imported from China on six occasions.

The Australian Pesticides and Veterinary Medicines Authority began a review of chlorpyrifos because of concerns over its toxicity and potential risks, but a final report is still awaited.

The pesticide has been banned from use in US homes since 2001.

Ethylene chlorohydrin, detected in chilli powder, cinnamon sticks and ”garam masala” powder from India in August, can cause nausea, vomiting, blurred vision, headaches, low blood pressure, collapse, shock and coma.

The Australian National University public health and infection expert Martyn Kirk said the impact on people would depend on the amount of the bacteria or chemical consumed. ”You need quite a high dose of cholera to get infected,” Dr Kirk said.

Produce from India was rejected 49 times in the first 10 months of this year while China and Italy both had 32 products banned.

French cheeses were not up to standard on 43 occasions.

Gabrielle Cooper, a professor of pharmacy at the University of Canberra, said the presence of listeria bacteria in more than 30 products, including oysters from China, Roquefort cheese from France, smoked salmon from Ireland and ham from Italy, should serve as a reminder for pregnant women to stay away from seafood, soft cheeses and deli meat.

Read more: http://www.smh.com.au/national/health/toxic-takeaway-cholera-listeria-and-salmonella-20121201-2anp9.html#ixzz2E7McIjys

Australia smokers given plain packs

04 Tuesday Dec 2012

Posted by fijipensioners in Articles & Reports, Health Hints

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Australia has become the first country in the world to introduce plain packaging for cigarettes.

From now, all tobacco company logos and colours will be banned from packets.

They have been replaced by a dreary, uniform, green/brown, colour accompanied by a raft of anti-smoking messages and photographs.

The only concession to the tobacco companies is their name and the name of the brand variant in small print at the bottom of the box.

“This is the last gasp of a dying industry,” declared Australia’s Health Minister Tanya Plibersek.

Anne Jones of the anti-smoking group Ash (Action on Smoking and Health) agrees.

“Plain packaging has taken the personality away from the pack”, she says.

“Once you take away all the colour coding and imagery and everything is standardised with massive health warnings, you really do de-glamorise the product.”

Cigarette packets were practically the last platform for tobacco companies to advertise themselves.

Commercials on Australian television and radio were banned in 1976. Newspapers followed in 1989.

US court orders tobacco firms to admit lying

03 Monday Dec 2012

Posted by fijipensioners in Articles & Reports, Health Hints

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A US judge has ordered tobacco firms to pay for a public campaign laying out “past deception” over smoking risks.

The ruling sets out the wording of a series of “corrective statements” that the companies are being told to make over a period of up to two years.

Details of which media will carry the statements and how much they will cost are yet to be determined.

Tobacco companies can appeal against the decision. Several said they were studying the ruling.

District Judge Gladys Kessler used proposals from the US justice department as the basis for the statements.

Each is to be prefaced by wording that the tobacco firms had “deliberately deceived the American public about the health effects of smoking”.

One statement reads: “Smoking kills, on average, 1,200 Americans. Every day.”

Another says: “Defendant tobacco companies intentionally designed cigarettes to make them more addictive.”

‘Vitally important’

Judge Kessler first ordered the advertising campaign in 2006, saying tobacco firms hid the risks of smoking for decades.

A long debate on the wording of the statements has followed.

Tobacco companies have fought for the word “deceived” not to be used, and have complained that the statements would represent “forced public confessions”.

The justice department is due to meet tobacco companies next month to discuss how to run the statements on cigarette packs, websites, on TV or in newspapers.

Matthew Myers, the president of the Campaign for Tobacco-Free Kids, called Tuesday’s ruling a “vitally important step” that “should resolve exactly what the tobacco companies are required to say”.

“Requiring the tobacco companies to finally tell the truth is a small price to pay for the devastating consequences of their wrongdoing,” he said.

Criminal Activity

26 Monday Nov 2012

Posted by fijipensioners in Articles & Reports

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After his Fiji 2103 Budget speech, the Prime Minster COMMODORE JOSAIA VOREQE  BAINIMARAMA, OStJ,MSD,jssc,psc, addressed the Nation on National Television with an impassioned speech about the values of honesty and integrity, pointing out the damage that theft and corruption is doing to Fiji as a Nation.

Prime Minister Voreqe Bainimarama is clearly suffering from severe memory loss, since he appears to forgotten that it was he, and his henchmen that facilitated theft of pensioners funds, that it was he who made it possible for the most fragile members of our society to be cheated and propelled into poverty.

The current pensioners of Fiji have been denied access to the courts, yet Prime Minister Voreqe Bainimarama OStJ,MSD,jssc,psc procrastinates about new legal aid facilities that both William Roberts Marshall QC and Greg Bullard have indicated will not lead to an impartial Court of Justice (see our recent article and the following link)

Final Petition of William R Marshall_rvse

Prime Minister Voreqe Bainimarama OStJ,MSD,jssc,psc and his Military Council may have a number of achievements they can be proud of, but their abysmal treatment of Fiji Pensioners who were members of the FNPF is not among them.

Justice Abused is Justice Denied ll

24 Saturday Nov 2012

Posted by fijipensioners in Articles & Reports

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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

Paid to do it

22 Thursday Nov 2012

Posted by fijipensioners in Articles & Reports

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You just can’t make stuff up like this.

Marijuana Controvesy

22 Thursday Nov 2012

Posted by fijipensioners in Articles & Reports

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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.

An Orchestrated Litany of Lies

09 Friday Nov 2012

Posted by fijipensioners in Articles & Reports

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DEVELOPERS of the country’s first casino revealed that construction would begin once financial issues were sorted out.

One Hundred Sands director customer experience Greg Schillinger said financing the project had proven to be a mammoth task but negotiations were progressing.

“We’re in the midst of getting our financing organised and construction should begin within 30 days,” he said.

“People need to understand that there are some very complicated processes involved and that this is a complicated financial deal and there’s many more hoops to jump through than anticipated.

“We are hopeful that construction will begin soon but cannot give a definite date as when exactly that will happen.”

Tourism permanent secretary Elizabeth Powell said the ministry was aware that financing issues were holding back the start of construction.

“We are aware that they (One Hundred Sands) are sorting things out and look forward to the start of our first ever casino which is exciting for Fiji and will add another dimension to our tourism market,” she said.

Ms Powell said while the Tourism Ministry was optimistic that all would go well, they would be looking at further discussions with the developers should financing the operation continued to be an issue.

One Hundred Sands was granted a gaming licence in December last year and construction of the $290million project on Denarau, Nadi, was scheduled to begin after the groundbreaking ceremony in April this year.

SIX months ago it was published in the national media, that this company had its finance in place and various tests on the property were taking place. An obvious lie.

Well anyone can drive past the property and see that the only tests or work carried out is the dumping of a few truckloads of soil and rubble.

What a crock of shit. Prime Minister Frank has been sucked in again. In the name of all thats Holy Prime Minister Frank, please change your advisers, and do not give this company access to FNPF funds.

Give it some thought Frank, just a few minutes thinking and you will be able to work out that if the commercial banks ( who are flush with funds at the moment ) are not prepared to risk their money, in this project with this developer; you would have to be criminally insane to put more pensioners funds at risk.

If you really want to invest FNPF money in a Casino, lend it to James Packer Frank !!

Ghai not being Honest ??

07 Wednesday Nov 2012

Posted by fijipensioners in Articles & Reports

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The following article published overseas was sent to us by a Fijipensioners.com supporter in Africa.

This article highlights the probably underrated achievements of Professor Yash Ghai and no doubt the good professor has many constitutions under his belt, as the article points out.

However one paragraph needs correction.

On page 3 at paragraph 4 Professor Ghai is quoted as saying in reference to 2000 events in Fiji:  ‘The government, which won the elections was also overthrown, with some assistance from the army, and I assisted in the litigation which challenged the coup. We won, about the only time a sitting government has been replaced through a court decision’

However, Fijipensioners was informed by the lawyer who instigated and saw through the Chandrka Prasad case to the end, including by recruiting lawyers George Williams, Geoffrey Robertson and Grant Illingworth for various stages of  the court case, that Professor Ghai was not involved in the litigation at all.

Read the full article with Ghai’s false claim by clicking the following link:
_The_enigma_of_arrival_By_Dennis_Onyango
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