FOR THE GREATER GOOD ?

hoodiejustice
WHAT IS HAPPENING TO THE RULE OF LAW AS WE KNEW IT ? Something appears to have gone terribly wrong when individuals subject to prosecution are allowed to conduct investigations .

 

 

19th January, 2016

The Acting Commissioner Of Police
Fiji Police Headquarters
Vinod Patel Complex
Laucala Beach Estate
Suva

Dear Sir

Resignation

I submit herewith my resignation from the Fiji Police after thirty (30) years of lustrous career, serving in almost all aspects of policing with effect from 20th January 2016.

I am submitting my resignation under duress, as the internal inquiry against me is contrary to good governance and best practices of our organisation. The inquiry also lacks the transparency and accountability, the two attributes that clearly forms the principles of the 2013 constitution of Fiji.

I have noted a number of flaws in the process and wish to highlight a few that I strongly feel will deny me natural justice. This whole process also contradicts a number of internal policies, not to mention our 2013 constitution particularly section 16 (Executive and administrative justice) which articulates “every person has the right to executive or administrative action that is lawful, rational, proportionate, procedurally fair and reasonable prompt.  

  • The fact that I was sent on leave straight after resuming (days) from leave is unconstitutional. A leave is an entitlement, which is earned and taken on leisure and /or not taken, compensated by the organisation. A leave cannot be forced (as in this case) to clear up some ‘ghost allegation’. The Commissioners powers under section 129 of the Constitution still has the oversight of the values and principles enshrined in the constitution particularly professional ethics and integrity.

 

  • I am still not aware as to who is making the allegation, and on what capacity. My last conversation with your goodself before ‘sent’ on leave was querying details of the allegation to which you told me that you do not have anything and it is with the minister. I requested for a copy of any documents available and you had assured me that you have not read anything and provide me a copy as soon as you get something. (But still thought fit/adequate to send me on leave) (It is exactly one month now).

 

  • The composition of the Commissioners Task Force team led by Superintendent Manasa Talala who together with another member Corporal Viliame Vereivalu are currently facing criminal charges in relation to Vilikesa Soko’s death in custody in Nadi. These charges were laid with other Police Officers by an Internal Affairs investigation when Internal Affairs Department was under my portfolio. How can a police officer investigate a senior officer when he is facing criminal charges in open court under my direction through Director Internal Affairs?

 

  • The other members of the Commissioners Task Force are former members of the ‘Strike Back Unit’ which I had demobilised and transferred officers out due the increasing number of complaints (of assaults/brutality or of missing exhibits).

 

  • I am also made aware that the team consists of an officer who, I had transferred out from the Drugs Unit due to his unscrupulous behaviour dealing with informers (this can be verified by officers at CID/HQ) .

 

  • I am also concerned that what started as an internal inquiry, become what appears to be a criminal investigations as a premature report of Abuse of Office (of a case which is pending appeal in the High Courts) has been lodged at Totogo Police Station.

 

  • The allegation is so baseless (flawed information) that the drugs seized and kept through a chain of evidence handlers (and order of high court) had to be re-opened and tested although the seal is intact and recognised by the analyst. The re-testing (still not sure under whose authority but it is now a contempt of court issue) has proven that it was NEVER tampered with. (Sadly I put this down to lack of knowledge and experience).

 

  • The integrity of this investigations could not have been so alarming if another Chief Officer appropriately Force Inspector General or Deputy Commissioner of Police would have overseen it, but for SSP Luke Navela to act in my position in my absence and at the same time oversee investigations against me, does not come close to fair and unbiased. The silence in this issue by Chief Officers also indicates that this was not a consultative decision.

 

  • The Task Force has reliably informed me that there are two (2) other allegations i.e. one in Valelevu and one in Nausori that the team is looking into however both appears to have been adequately explained by the Divisional Crime Officers. Instead of wasting a lot of resources in the witch-hunt, I would strongly advise to make available to the Task Force a document from Police Headquarters outlining the delegation of powers. Releasing a suspect for more evidence is NOT closing the file.

 

  • My other two concerns are that of witnesses being intimidated after being called several times to the Task Force Office to go through their statements (suggesting changes). Again a member of the Task Force and the witness who will not speak out for obvious reasons reliably informed me. The presence of Military Intelligence officers daily in the Task Force office also does not augur well for me, as these are the military officers I had ordered investigated in the ‘you tube’ beating.


With thirty (30) years of experience, appropriate qualifications and as the head of the specialised Directorates like the Intelligence Bureau and the Criminal Investigations Department, I have the expertise to recognise a procedurally (un) fair investigations and a “ghost allegations” which is fast becoming a witch-hunt.

You have advised me that some officers are talking (about the allegation) to the Minister (I still have no idea as to which Minister), however this sets a bad precedent when Ministers (politicians) listens to junior officers and sends senior officers on leave without a proper initial inquiry. The basic rule of investigations (if you have not been advised yet) is that the person (or the state) making the allegation has to prove the allegation not vice versa where the person accused has to disapprove the allegation or prove his innocence.

The way I have been briefed from inside the Task Force is that the team has no reasonable grounds at all to even interview me under caution as it totally lacks substance. Nevertheless, I have consulted my legal counsel Mr Devanesh Sharma of R. Patel Lawyers for representations and if a statement is required than the team can correspond through my counsel.

The Fiji Police Force runs deep in my blood as I have built my life around me and the blue blood cannot be replaced. I will never change anything, as I will always stick to the oath I took of carrying out my duties without fear or favour.

As such I kindly request if this resignation be accepted amicably because I will not be making any press statement unless any negative press release is made from the organisation.

By copy of this Mr Devanesh Sharma is advised to prepare any queries that you may have.

I will make arrangements for my uniform and other accessories be returned appropriately.

Thank you and wish the Fiji Police Force all the best. May the spirits of “Salus Populi”continue to be the strength.

Henry Brown
Assistant Commissioner of Police
Chief Intelligence and Investigations Officer.

FNPF Lied As Usual

AG

 

As did the Attorney General when he used the FNFP premise that the average age at death of Fiji Pensioners would be 78 to justify introducing Decree 51 to breach pensioners existing contracts and prevent them appealing to the Courts for justice.

The man, if one can call him that, has no shame, just self aggrandisement. 

BSP Life has collated data from a number of organisations which reveals that only 8% of Fiji’s population is aged beyond 60 years.

This is based on the Fiji Bureau of Statistics census report in 2007 which also states that only 17% of the population is aged beyond 50 years.

Only 3% of the population is over 70 years.

BSP Life has also revealed that according to a UN study on Fiji in relation to insurance in 2010, it has been found that people are using insurance as the last resort to cope with risks.

The study further highlights that premature deaths and sickness has a major impact on people’s savings.

BSP Life has also incorporated the Ministry of Health statistics on the impact of non-communicable diseases where it has been highlighted that people who are in their prime and are in senior positions with good salaries are dying when they should be most productive.

Heart disease, diabetes and stroke are the three biggest killer diseases in Fiji.

FNPF Cannot Be Trusted

FNPF increases its Term Annuity retirement product rates

DO NOT EVER BELIEVE THE FNPF, THEY HAVE BREACHED LEGAL CONTRACTS PREVIOUSLY AND ARE PROTECTED BY DECREE 51, IF THEY MAKE ANY CHANGES, OR FAIL TO MEET THEIR OBLIGATIONS, DECREE 51 STOPS PENSIONERS OR INVESTORS FROM TAKING THE FNPF TO COURT.
 

The Fiji National Provident Fund says it has reviewed and increased its Term Annuity retirement product rates that will benefit retirees who intend to purchase the retirement pension product. 

The new term annuity rates were determined based on recent Reserve Bank of Fiji yield curve report, offering an improved rates reflected by the current market. 

The Term Annuity retirement product is designed to offer alternative retirement product option to meet the needs of retiring FNPF members. 

Members who purchase the product, is free to opt for a 5, 10 and 15 year pension term and is to receive a monthly pension payment  with interest that reflects the current market and the Fund’s investment return for the term of the annuity. 

The newly approved term annuity rates are;

5 year term –   21.50 per cent

10 year term – 12.10 per cent

15 year term – 9.20 per cent

FNPF’s Assistant General Manager PRIME services, Tevita  Nagataleka says the review ensures that retirees who purchase Term Annuity retirement product are fairly charged for the guaranteed pension payments they are purchasing. 

The product makes regular monthly payment to the person who purchases the product, for a fixed term of either 5, 10 or 15 years.  

Should the person die before the end of the fixed term, payments will continue to be made to the person nominated until the end of the term.

The nominee can apply to have the remaining instalments exchanged for a lump sum at a rate set by the Fund.

 

Time for Action

slingshot

This man in his capacity as Minister of Finance for our nation is currently chasing around the financial centres of the world in a desperate attempt to borrow money to bail us out of the difficulties his inexperience, conceit and Pie in The Sky Budget got us into.

He and his team also omitted to take into consideration the risk of the US$ appreciating in value and our own dollar depreciating, which they did.

He wears far too many hats even for a man with his self-importance.

His errors of judgment will cost our children and grandchildren dearly.

Regardless of his level of success in obtaining bailout funds, it is now time for our Prime Minister to take action and severely curtail this man’s authority.

Win or Lose; My Team, Your Team, Our Team

Fiji+v+Samoa+IRB+RWC+2011+Match+26+FZNW24csKitl

By Greg Mumm

In the lead up to the last World Cup, somewhere in the walls of Oxford University, an Australian was writing a thesis on Fijian rugby – what he coined ‘The Rugby Dream’.

Dan Guinness played for the Brumbies himself and having been infected by the excitement and purity of island rugby, spent 6 months in Fiji, living and breathing rugby with these proud athletes, this proud rugby nation.

What he and other writers talk about mirrors my experiences, as I was lucky enough to coach them in 2007 and 2010/11. They are stories of extreme sacrifice, spirituality and amazing song.

Now many will say that these attributes exist in many of the teams going to the World Cup and I am sure they do to some degree, but it is only when you understand the deep relationship between these characteristics, the athletes and Fiji’s people that you get a true understanding of how powerful it can be.

If Fiji gets this right, along with the talent they have on the park – it will be a significant factor in their ability to challenge the top three developed nations in their pool.

On the field they will bring what they have always bought – physical forwards who carry like backs, blistering speed and agility out wide with an attitude to attack from anywhere. For mine, Leone Nakarawa will be the standout loose lock in the tournament and rival the great running game of Ifereimi Rawanqa. Also, given enough opportunity, there is every chance that Verenki Goneva will be close to one of the best backs.

This is an advantage that they have always had, but there ability to bring it in to the game has varied. What sets this side apart from their team at the last World Cup is its experience in key positions – the front row, the backrow and the halves.

Vice captain and hooker Sunia Koto is playing in his third World Cup and will bring stability to the scrum and lineout leadership. This along with Netani Talei and Akapusi Qera in the backrow will ensure Fiji is at least competitive at both set piece and breakdown.

In the backs, the halves include a vastly matured Josh Matavesi and the Bath bound Nikola Matawalu with good depth behind them. This offers a great benefit in terms of both running threats and distribution that could unleash their outside backs, a thought that scares even the best defences.

However, other teams have world-class players, and coaches will have ways of nullifying these threats or pushing their pressure points, so what is the elusive energy of Fiji that seems to captivate audiences and make oppositions pay attention?

Simply put, it is the Heart.

I say this deliberately, because it is not ‘their hearts’, the hearts of the individual players, but the shared heart of the every Fijian who has been part of this dream.

The Rugby Dream that Dan Guinness spoke of is a story of sacrifice that involves not just the individual or that person’s family, it is the sacrifice of a village, a community, a country.

Nemani Nadolo tweeted last week of the joy and pride he felt as a young Fijian reached out on their departure and gave him two dollars, ‘to help your pocket money for the World Cup’.

This is how the Rugby Dream works, whether you’re a player like Nemani, a village team or an individual abroad, the community holds them up physically, mentally and financially, their warriors to represent them throughout the world.

For this support, many of the talented athletes make huge sacrifices. They live and study abroad, play their sport in all corners of the globe for an opportunity, and when they can, they send money back to those who helped them.

When they reach the professional leagues in France or England, many take large pay cuts to return home and represent their country – their sacrifice met by those who welcome them home with gifts of food from the village, the church or community. On all fronts the sacrifice is shared for the individual and for Fiji.

This generosity is born of and extends to the spirit. Religious faith is a strong unifying factor within the teams and sermons about David v Goliath are commonplace. Beneath this lies also a deep connection to the ‘Vanua’ – the land, people and custom.

When combined, the communal sacrifice and the powerful synergies of religious and cultural spirituality provide an inspiration that is difficult to match.

On top of these is the glue that binds them together, so often heard in change rooms and fields around the world, their amazing song. These teams within the team sing perfect harmonies that ripple goose bumps down the arms of anyone lucky enough to be in ears distance.

And so it is, when Fiji faces these giants in the pool of death, that sacrifice, spirit and song will unify them, their secret weapon against uncertainty. Their faith, that regardless of the opposition, they can win. Regardless of the scoreboard, they can fight back and regardless of the obstacle, together united, Fiji can achieve anything.

And so despite the skill or the budget of their opponents, the biggest threat to Pool A sits just millimetres beneath the palm tree crest on the players jerseys.

There beats the heart of a nation, pounding in rhythm, united by The Rugby Dream.

Greg Mumm is a former assistant coach of Fiji and the Waratahs.