Friday, September 30, 2011

Vindictive Regime Appeal Against Tuisolia Refused

Fiji Times News - 30 September 2011
by Mary Rauto


Tuisolia still being pursued by illegal Fiji regime

AN appeal by the Fiji Independent Commission Against Corruption against businessman Ratu Sakiusa Tuisolia was refused yesterday.
Delivering the ruling yesterday, Court of Appeal Judge Justice Kankani Chitrasiri said the prosecution failed to establish any injustice had occurred to the prosecution at the trial.
He highlighted a Court of Appeal of New Zealand criteria to grant special leave to appeal out of time to justify a departure from the principle of finality.
Ratu Sakiusa was acquitted of three counts of fraudulent falsification of account charges by the High Court in Suva last year.
FICAC filed a Notice of Appeal against the judgment on November 29, last year and it was served to Ratu Sakiusa.
But on May 30, this year, Registry of the Court of Appeal informed FICAC the appeal was marked deemed and abandoned on December 7, 2010.
Fresh application for special leave to appeal was filed in July but Ratu Sakiusa had departed for the Philippines in December.
Justice Chitrasiri said FICAC failed to show any special circumstances identified in the New Zealand case for the grant of special leave to appeal.
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Thursday, September 29, 2011

Survey Reveals a Sick Fiji Economy & Getting Worse

by Sai Lealea


Sugar Industry - destined to collapse
A recent survey has revealed what we all know to be the case - A sick Fiji economy and it is getting worse by the minute the longer the current illegal regime stays in power.

Authored by a group of economists at the University of the South Pacific, the report confirmed the bleak prospects for economic growth as a result of the political situation in Fiji and made worse by external global economic realities. The dire situation facing the sugar industry is there for all to see with the current regime's attempt at revitalisation destined to fail. As well, dilapidated infrastructure will stifle long term investment opportunities in tourism and other key areas.


In the other words, Fiji's situation has been made extremely difficult by the draconian policies of the current illegal regime, including restrictions on media freedom and human rights.

Again as everyone have noted, the solution identified by the report is a return to democratic government to ensure political and economic stability. This in turn would ensure effective and well-constructed policies that promote economic growth.

The Concluding Remarks of the Report are as follows:
  • The short-medium term prospects for Fiji on both the political and economic fronts look less than promising. On the economic front, GDP growth rates have not increased despite the numerous promises. While poor growth between 2007 and 2009 can be explained partly by the impact of the global economic crisis, natural disasters and some inherent weaknesses, the continued forecasts of low growth between 2010-2013 reflects the continuing state of poor investment caused by lack of confidence in the country. The imminent collapse of the sugar industry should be a serious concern and it appears that the current government’s game plan may not work. The sugar industry has a long-history of networks which may have sounded political but it is those networks that allowed farmers to keep the interest in the industry. The destruction of some of the historic institutions of the farmers may not augur well for the industry. The current media censorship and lack of dialogue with the stakeholders is likely to be harmful to the industry which is already on the brink of collapse.
  • While the prospects for better outcomes from the tourism looks realistic, the government’s tight fiscal position may provide very little room for any serious investment undertaking to improve the infrastructure needed urgently in Fiji.
     
  • The short-medium term prospects for Fiji on both the political and economic fronts look less than promising. On the economic front, GDP growth rates have not increased despite the numerous promises. While poor growth between 2007 and 2009 can be explained partly by the impact of the global economic crisis, natural disasters and some inherent weaknesses, the continued forecasts of low growth between 2010-2013 reflects the continuing state of poor investment caused by lack of confidence in the country. The imminent collapse of the sugar industry should be a serious concern and it appears that the current government’s game plan may not work. The sugar industry has a long-history of networks which may have sounded political but it is those networks that allowed farmers to keep the interest in the industry. The destruction of some of the historic institutions of the farmers may not augur well for the industry. The current media censorship and lack of dialogue with the stakeholders is likely to be harmful to the industry which is already on the brink of collapse.
  • While the prospects for better outcomes from the tourism looks realistic, the government’s tight fiscal position may provide very little room for any serious investment undertaking to improve the infrastructure needed urgently in Fiji.
     
  • The answer to Fiji’s serious economic problems may incidentally lie in a political settlement. The link between good economic growth, democracy, media freedom and rule of law cannot be underestimated. There is no substitute for well-constructed policy when it comes to economic growth and development. Previous governments in the last three decades have made similar mistakes about growth policies. There have been very limited successes to count particularly towards long run economic growth prospects and at this point in Fiji’s history any bandaid approach will not do any good. Firm commitments and definite steps are needed to build that confidence that has been lost. The much demanded open dialogue must start immediately and the media freedom be established by relaxing the emergency law and the current censorship of the media.
  • The government has a good opportunity now to open up dialogue with the political parties, external partners and organisations such as the UN and the Commonwealth to move Fiji towards a Constitutional democracy, good economic growth and development. 


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Illegal Regime Figures Tikoduadua & Kubuabola in Declining Health

by Sai Lealea


Like their ailing leader and dictator, Bainimarama, sources in Fiji continue to report the declining health of other regime figures. Latest to be placed on the rapidly elongating sick list are Pio Tikoduadua and Ratu Inoke Kubuaboala. 

Pio Tikoduadua - Walking Dead
Contacts at the Government Buildings 4th floor, report that Tikoduadua looks very old and he is not speaking directly to anyone following his return from China for an operation on his throat for cancer where he spent 7 months.


Unlike previously, Tikoduadua now refuses to be interviewed live on TV. This is a change from before, when he enjoyed beating his two colleagues in crime, Khaiyum and Sharon Smith-Johns, to be interviewed live spewing forth their lies to the people of Fiji.




As Fijians say " sa galu mai o Sakaraia".


Similarly, Ratu Inoke was taken ill when at the UN in New York reportedly collapsing from from pneumonia or an asthma attack.
Ratu Inoke at the UN

According to Coup 4.5:
  
"Kubuabola has been in the United States for the 66thSession of the United Nations General Assembly along with the illegal prime minister, Frank Bainimarama.


It's reported he was with Dr Neil Sharma, who is part of the Fiji delegation, at the time and may have collapsed from pneumonia or had an asthma attack.
The unpopular Kubuabola has been globetrotting intensely since he was appointed foreign affairs spokesperson for the regime clocking up thousands of air miles trying to bring on board international support for Bainimarama and his unelected government.
In recent weeks he criticised the New Zealand government for what he said was its hypocrisy for keeping Fiji out of the Pacific Island Forum but wanting it to join the Pacer Plus trade talks. 
Kubuabola said Fiji was in no hurry to rejoin the Forum after it was excluded as a result of Bainimarama's 2006 coup. 
While in New York last week, he participated in a Symposium on International Counter-Terrorism Cooperation."

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Fiji Tax Agency Owe $Millions in Refund to Businesses

by Sai Lealea

FIRCA CEO Tikolevu
Read below the excuses by the Fiji Tax agency, FIRCA, for holding back on millions of dollars in tax refund for businesses. One wonders with all the so called reforms and changes carried out by the illegal regime the situation and service by agencies appear to be worsening.

On both sides it could said there are real concerns and contributing factors for this sad situation. FIRCA staff with all the pressures and changes to their conditions of work forced on them by the illegal regime, it has to have an impact on their morale and productivity. This can only get worse with the introduction of the repressive Essential Industry Decree which includes FIRCA. One can only expect the list of businesses waiting on their refund to get much longer before it ever gets any better. What then would be the FIRCA CEO's excuses? 

Picture the impact of FIRCA's performance on investors wanting to invest in Fiji with that level of shockingly bad service! In any other other public service, the FIRCA CEO would be either sacked or his contract reviewed and closely monitored with perhaps conditions placed on reducing the waiting list or time for the refunds. That would ensure his remuneration directly relates to his performance as leader of FIRCA. But we are in Fiji where the public service is now overseen by regime lackeys at the PSC who readily turn a blind eye at situations where it gives them a bad press.

The FIRCA CEO has conveniently pointed to fraudulent claims as holding up the refund. It is doubtful if this is the sole reason as it is impossible these days to verify such a claim in the absence of a parliamentary committee or similar oversight body. 

Illegality begets illegality is perhaps more applicable in describing the behaviour of tax payers who may want to put one past FIRCA with their claims. In an environment where the regime is illegitimate, derives and enforces its authority through illegal means, it is no wonder citizens and businesses would get to adopt similar inclinations in conducting their affairs, especially in transactions with the State. Even worse when citizens and tax payers get to learn of the fraud and corruption involving key regime figures beginning with the illegal PM and his illegal AG as reported in this blog and others.

What is blatantly clear is the hypocrisy of the illegal regime when it comes to one of their own. Rules of fair play and professionalism do not apply when it involves them as the guilty party. 

Richard Naidu
I would urge Richard Naidu to go ahead with a court challenge on this point and test both the Essential Industry Decree and of course the partiality of the regime appointed judges now populating the Fiji benches. Even if Richard wins the argument, we all know how badly the illegal regime needs the Money, even that owed to businesses as VAT, never mind the interest.

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One National News 

The Fiji Islands Revenue and Customs Authority owes the business community around 30 million dollars in VAT refunds.

Questions have been raised on why FIRCA is holding back this payment.

Accused of double standards, at the recent Fiji Australia Business Council meeting, FIRCA is now being asked to explain why it continues to hold back on VAT refunds.

Suva lawyer Richard Naidu who is on the verge of filing a legal challenge against FIRCA on behalf of a client who is owed at least a million dollars says, patience is running out.

He described VAT refund delays as outrageous.

FIRCA CEO Jitoko Tikolevu admits they owe various businesses and individual VAT refunds totaling around $30 million.

FIRCA says one of the reasons behind delays is ongoing complex audits of some of these refunds.

They also admit the refund backlog hasn't always been this high.

Because of past cases of bogus VAT refunds, FIRCA has assured they will be paid immediately after stringent checks and verification have been completed. 
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Fiji Times News 
by MONIKA SINGH - 

THE high number of fraudulent claims will delay VAT returns of about $138 million.

And tax officers have vowed to prosecute business owners who try to change tax returns to make quick money.

Fiji Islands Revenue and Customs Authority chief executive Jitoko Tikolevu said a special team was set up last year to scrutinise VAT refund applications by businesses.

"Although I don't have any statistics with me, I can confirm this team has found cases relating to these cases," said Mr Tikolevu.

He said FIRCA had taken some of the cases to court.

'The normal procedure in this case is that we report the issue to court and the business or proprietor involved in these fraudulent claims is prosecuted," he said.

Mr Tikolevu predicted a slight delay in payment of VAT refunds. Hecould not say how long the delay would take.

Mr Tikolevu said $44,774,754 had been set aside to pay Income Taxreturns.

A further $138,519,183 was set aside to pay VAT returns.

"However, there may be some degree of delay in issuing VAT refunds merely because we have noted that there have been a lot of fraudulent claims in the past which needs time and effort to verify theaccuracy of these returns," said Mr Tikolevu. He said the authoritywas ready to accept and assess returns from last week.

"But the Income Tax returns for the year ended December 31, 2007 should be submitted or lodged to the authority by no later than March31, 2008," he said.
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Wednesday, September 28, 2011

Australia more Engaged with Pacific Than Ever


Radio Australia News - 28 September 2011

Hon Richard Marles
Australia's Parliamentary Secretary for Pacific Affairs, Richard Marles, says Australia is now more engaged with the Pacific than ever before.

In a speech to the Lowy Institute in Sydney, he says accusations that Australia does not take the Pacific seriously are simply not borne out by the facts.

He tells Bruce Hill that while the situation in Fiji is very challenging, he's confident that people there realise that Australia's conflict is with the coup installed military government, not them.

Presenter: Bruce Hill
Speaker: Australia's Parliamentary Secretary for Pacific Affairs, Richard Marles
MARLES: We want to make it really clear that our beef is not with the people of Fiji, in fact quite the opposite. We want to stand with the people of Fiji in what is a very difficult time for them. Our issue is with the interim regime in Fiji and in fact what it is doing both to the country of Fiji and its people. I mean what we're seeing is the economy of Fiji is going backwards when the rest of the Pacific economies are going forward. We're seeing more people living in poverty now than have ever lived in poverty before in Fiji and we're seeing that in a context where human rights are being removed. There isn't the freedom of the press, there isn't freedom of association. Church organisations have their meetings banned and we're seeing ILO Conventions being flagrantly breached, that's what's going on and the people who are affected by that are actually the people of Fiji who we want to stand with. The people who are doing that are the interim regime of Fiji and they're the people we've got an issue with.

HILL: Is the Australian government coming under pressure to soften its stance on Fiji? We hear often business groups and also the Lowy Institute that you were giving the speech to came out with this poll showing that most Fijians support Commodore Bainimarama's coup?

MARLES: Well, I think the first thing to say about the poll from the Lowy Institute and I say it with all respect of the Lowy Institute. They do fantastic work and I really appreciate the interest that they've shown. But obviously doing a poll in Fiji now is absurd. If you're sitting at home in a country where human rights are being repressed and somebody comes and knocks on the door and asked you what you think about the government. I mean what do you think people are going to say. So I don't think there's any sense in which we can treat the outcome of that poll with any credibility. I think, in fact, the stand that we're now seeing around the world in relation to Fiji is becoming more and more firm. People, countries do understand that what's happening in Fiji is a concern, that the interim regime needs to be moving to a democracy as soon as it can.

HILL: One of the things in your speech, which was pretty striking was the tone I think almost of annoyance. There's a perception that Australia is ignoring is in disengaged with the Pacific. You seem to really take very strong issue with that idea?

MARLES: Well, I think we have never been more engaged in the Pacific than we are at the moment. Certainly from my point of view, I've visited every country and territory of the Pacific, at least all of them that have a runway. I haven't as yet been to Pitcairn but it's on my bucket list and it's not just me that's visiting the region, nor is it just visits to the region, but there are many other ministers and members of the executive who are also visiting the region and that is evidence of a very strong relationship that exists. But if you look at what we're doing in RAMSI, where we've restored a long with the other nations of the Pacific, peace and security to Solomon Islands. They now have experienced economic growth in five and six per cent over the last couple of years. That's a fantastic situation compared to what existed in 2003, if you look at the work we're doing in Papua New Guinea, around seeing more children attend school, more children being immunised against disease, working with PNG in relation to the LNG project, which is a giant resources project in PNG to really try and see the benefits of that project go to everyone in PNG and I might say we are doing that very much with the strong commitment and cooperation of the PNG government itself. If you look at what we're doing in education across the region with the University of the South Pacific, but not just that, the Australian Pacific technical colleges, what we're doing with Australia awards, where we're 500 people across the Pacific in the last year had the opportunity to study under one of these awards and these are the future leaders of the Pacific.

I think what all of that shows is that there is a greater engagement in the Pacific, in terms of our foreign policy than there has ever been. Actually, when you look at what we're doing, it's pretty impressive.

HILL: And yet like Rodney Dangerfield, Australia doesn't seem to get any respect, why?

MARLES: Well, first and foremost, it's not about us getting respect, first and foremost, it's about us doing good in the region and I hope we do that and I think actually the respect does come as a consequence of that. It follows the work that we do. But I think that as I travel around the Pacific at least, the sense that I get from the countries of the Pacific is one of incredible warmth to what Australia does and to the way in which we engaged. We've just come back from the Pacific Island Forum in Auckland, and one speaker after another from the countries of the Pacific talked about the projects that were being undertaken in their countries through Australian support and there was I think enormous well respect, but thanks that was being given to Australia for the role it played.



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