Auditor General’s Reports 2007 – 2013) & the reason why Chapter (10) of 2013 Constitution on Immunity is so entrenched? It is clear now from Bainimarama’s statement today that the Reports of the Auditor General from 2007 -2013 will not be accessible to anyone until the next parliamentary session. This therefore means, all instances of deliberate omissions, abuse, scandalous dealings, conflicting interest undertakings, kicks-backs, nepotism, abuse of office and self enrichment arising between (2007 – 2014) from the $17 Billion expenditure undertaken by Bainimarama and Khaiyum will not be known until after the Elections Now, after the Elections when the change of government does take place and the accounts for the past 8 years is examined from audit findings those implicated in the Bainimarama government will be immune from prosecution. Why? The 2013 Constitution imposed on the people has blanket immunity provided for all civil and criminal liability for all members of Bainimarama regime from 2006 December to the date of the first sitting of parliament. This means they cannot be prosecuted for any instances as they have full immunity covering corrupt practices and abuse of office in both civil and criminal jurisdiction. Simply WOW! The above should tell us clearly; 1. Why the Yash Ghai Draft was trashed and discarded? 2. Why such blatant and broad immunity provision was included in the Constitution which protects the regime members from all financial and other offences? 3. Why the Auditor Generals Reports are hidden and concealed? 4. Why it is virtually impossible to change/amend the Constitution? Read the immunity provision below and then you will understand why there is so much secrecy on all aspects of the regime ‘modus operandi’. Further immunity 157. Absolute and unconditional immunity is irrevocably granted to any person (whether in their official or personal or individual capacity) holding the office of, or holding the office in, as the case may be— (a) the President; (b) the Prime Minister and Cabinet Ministers; (c) Republic of Fiji Military Forces; (d) Fiji Police Force; (e) Fiji Corrections Service; (f) Judiciary; (g) public service; and (h) any public office, from any criminal prosecution and from any civil or other liability in any court, tribunal or commission, in any proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court, tribunal or commission, as a result of any direct or indirect participation, appointment or involvement in the Government from 5 December 2006 to the date of the first sitting of the first Parliament elected after the commencement of this Constitution, provided however any such immunity shall not apply to any act or omission that constitutes an offence under sections 133 to 146, 148 to 236, 288 to 351, 356 to 361, 364 to 374, and 377 to 386 of the Crimes Decree 2009 (as prescribed in the Crimes Decree 2009 at the date of the commencement of this Constitution)
Posted on: Sat, 09 Aug 2014 22:41:33 +0000