Wednesday, February 3, 2010

What act of TREASON is done "in good faith"?

The decree factory seems to be working around the clock and on overdrive these days. After the tirade by Bainimarama to the people of Kadavu on how after his elections in 2014, the new democratic government and the people of Fiji will still be under his brand of "democratic" rule (AKA- DICTATORSHIP) should be of GRAVE CONCERN to all who treasure and value the real ideals of a democracy. 

TRUE EVERLASTING FREEDOM! LIBERTY! POWER TO THE PEOPLE! 

Back to the subject at hand, we wish to question, what exactly is an act of treason that is done "in good faith"?

Fijivillage report: A new section is included under the Treason and other Offences Against Government Authority part of the Crimes Decree, and it mainly focuses on the court to have regard to which a conduct occurred including whether the person charged with an offence under this part conducted the act in good faith.

The section deals with the determination of certain elements of offences under the part of the decree which the court should take into regard.

Is this Bainimarama and his cohorts trying to tell us that his coup was done "in good faith", so, the "circumstances" in which his treasonous (illegal/dubious as provided in the Qarase vs Bainimarama Court of Appeal Judgment ABU0077 of 2008S) act took place had to be considered? Good faith for what? or for whom?  

Treason
 64.—(1) A person commits the indictable offence or resident, the person—
(c) causes harm to the President or the Prime Minister, or imprisons or restrains the President or the Prime Minister; (Didn't Bainimarama do this after his Dec. 5, 2006 coup to PM Qarase?)

Let's not beat around the bush on this one. Make it clear, good faith or not, WHEN A PERSON OR A GROUP USE GUNS TO DEMAND THAT AN ELECTED GOVERNMENT BE DEPOSED, IT SHOULD BE WRITTEN IN LAW, THAT THAT IS AN ACT OF TREASON. Period.

We know from our coup history that ONLY THE PEOPLE WITH GUNS OR ACCESS TO IT, have been the ONLY ONES who are perpetuating our country's UGLY coup culture. We have mentioned this before and will say it again - THE GUNS IN OUR MILITARY is the ROOT OF OUR PROBLEMS. Because even an intelligent person will be made a coward when they believe that it is only with the use of guns can they dictate to a nation of people. And more dangerous though, is when a group of UNDEREDUCATED people with guns believe they are heaven's answer to a problem that is NON-EXISTENT.

GUNS as we know is used to PROTECT ONE FROM ITS ENEMIES AND/OR MAIM AND KILL ENEMIES!

Fijivillage reports: Section 70 of the Treason part of the decree states that for the purposes of determining whether a person has intended that force or violence shall occur in the context of an offence under the Treason section, the court shall have regard to the context in which the conduct occurred, and whether the person conducted the act in good faith to show that the President, the Prime Minister, their advisers or a person responsible for the government of another country were mistaken in any of their counsels, policies or actions.

From the moment Bainimarama and the Fiji Military threatened the Fijian government, with GUNS in tow, their intention was to use FORCE! That is not something that should be decreed as ACCEPTABLE BEHAVIOUR because IT IS NOT! It is BARBARIC and INHUMANE!

Fijivillage reports: Under the Treason Section of the Crimes Decree, the courts shall also take into account on whether the person acted in good faith to point out errors or defects in the government of Fiji, the constitution, legislation of Fiji or another country and the administration of justice of or in Fiji, or another country, with a view to reforming those errors and defects.

The court shall also have regard on whether the person charged with an offence under the Treason section is pointing out in good faith, any matters that are producing or having a tendency to produce feelings of ill-will or hostility between different groups, in order to bring about the removal of these matters.

LAME EXCUSE! Normal people use proper democratic channels like the vote of no confidence, courts of law and elections to point out errors or defects in a government. ONLY cowards and lunatic brandish GUNS at unarmed peaceful citizens to get what they want. Is that what our societal values have been dragged down to? To USE force to get what you want. You can't be hypocritical in your crimes decree to say, prostitutes and those who practice abortion have to pay for their crimes, but power-mongers who use guns ("in good faith") to depose an elected government should not.



Fijivillage reports: Meanwhile the statute of limitation of two years for the offence of treason is no longer in place after the Crimes Decree came into effect on Monday.

Under the Penal Code which is now repealed, a person could not be tried for treason, misprision of treason and instigating invasion, unless the prosecution is commenced within two years after the offence is committed.

Now there is a major change because in the past, police and prosecutors faced major difficulties and could not charge a person with treason or other treasonable offences if two years had lapsed after the offence was committed.
 
The two year limitation has been taken away under the Crimes Decree.

So, come elections after 2014 we can all take Bainimarama and his cohorts to court (like Chandrika Prasad) so, we can really make a better Fiji for our children and grandchildren free of military idiots who think their guns can allow them to make illegal acts "in good faith".
BRING IT ON!

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