Richard Naidu
Encyclopedia
Richard Naidu is a Fiji
an lawyer of Indian
descent. A partner with the Munro Leys law firm, he was an unsuccessful candidate for the Presidency of the Fiji Law Society
on 9 September 2006 http://www.fijitimes.com/story.aspx?id=48042.
, which seized power in the military coup
of 5 December 2006. The day before the coup, the Fiji Village
news service quoted Naidu as condemning what he called a serious crime against the state. http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html Reports on 18 and 22 December quoted him as strongly opposing suggestions that the Military might abrogate the Constitution
, though he predicted that it would probably come to that as there was no other way to legitimize the coup. http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html http://www.fijitimes.com/story.aspx?id=53958 "The military also seems determined to impose its will on the country by force so inevitably I think it will end up abrogating the Constitution and 'starting again'," he was quoted as saying.
The coup was not the beginning of Naidu's criticism of the Military. Nine months previously, in the face of public rumors that President
Ratu
Josefa Iloilo
had refused a government request to dismiss the Military Commander, Commodore
Frank Bainimarama
, Naidu had indicated that it was the President's constitutional
duty to act on the advice of the government http://www.fijitimes.com/story.aspx?id=38854 and could be dismissed if he refused. http://www.fijivillage.com/artman/publish/article_28020.shtml
On 26 December 2006, Naidu condemned the physical abuse allegedly meted out to six pro-democracy activists, who were summoned to Suva's Queen Elizabeth Barracks (QEB) at around midnight on Christmas morning. Such abuse was unlawful and unacceptable, Naidu said. He called on the Fiji Human Rights Commission
to take a stand against such violations. http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11138
Naidu also spoke out against the Fiji Human Rights Commission
for supporting the coup. On 4 January 2007, he ridiculed a report written by the Commission's Director, Shaista Shameem
, which endorsed many of the Military's stated reasons for its actions. Describing the report as "mostly laughable", http://www.fijitimes.com/story.aspx?id=54613 he said, "Somewhere in her academic career, Ms Shameem apparently picked up a law degree. Her latest effort illustrates the dangers of allowing academic sociology types to study serious subjects like law," adding, "I don't think any real lawyer will take it (the report) very seriously". Shameem dismissed Naidu's criticism, saying she believed he had a hidden agenda. http://www.fijitimes.com/story.aspx?id=54685
On 16 January, Naidu dismissed the announcement that the Military had restored Ratu
Josefa Iloilo
to the Presidency
, saying that it did not legitimize the State of Emergency
or the interim government. http://www.fijitimes.com/story.aspx?id=55288
Earlier that day, Naidu, speaking on Radio New Zealand
, had attacked President
Ratu
Josefa Iloilo
as a puppet of the Military and the "illegal" interim government. "Let's face it, he's the military President now," he said. "We can pretend that just because he was the President before the coup and is the President after the coup, that we have some sort of constitutional government. But the fact is the President eventually simply submitted to the military. He's the military's President, he's not the Constitution's president." http://www.fijitimes.com/story.aspx?id=55750 He was also quoted as accusing the interim government of making "illegal laws" ad hoc to circumvent court rulings it did not like.
The Secretary of the President's Office, Rupeni Nacewa, rejected Naidu's claims, saying that as the Fijian constitution
remained intact, Iloilo was still the constitutional President.
Interim Attorney General Aiyaz Sayed-Khaiyum
called Naidu's comments about the President, whom Khaiyum said had "a lot of wisdom", "an insult" and "disrespectful." http://www.fijivillage.com/artman/publish/article_35331.shtml He did recommend, however, that the Military lay charges against people it accused of incitement, rather than summarily detaining them. He said that he had gone to the barracks at around 11PM to secure Naidu's release. http://www.fijivillage.com/artman/publish/article_35349.shtml Major
Neumi Leweni
had told him that Naidu had breached the Public Order Act and the State of Emergency decree. http://www.fijitimes.com/story.aspx?id=55808
Human Rights Commissioner and Fiji Women's Crisis Centre coordinator Shamima Ali
claimed to have negotiated with senior Military officers and Cabinet Minister
Bernadette Ganilau
and Attorney-General Khaiyum for Naidu's release http://www.fijivillage.com/artman/publish/article_35345.shtml, but the Military denied this. http://www.fijivillage.com/artman/publish/article_35359.shtml
At the barracks, Naidu was warned to stop making "inciteful" remarks http://www.fijivillage.com/artman/publish/article_35332.shtml. Major
Neumi Leweni
told him that freedom of speech does not include the freedom to be "untruthful."
The Military also announced that it was considering bringing charges against Naidu. http://www.fijilive.com/news/show/news/2007/01/24/24fijilive01.html
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
an lawyer of Indian
Indians in Fiji
Indo-Fijians are Fijians whose ancestors came from India and various parts of South Asia, South-East Asia and Asia itself. They number 313,798 out of a total of 827,900 people living in Fiji...
descent. A partner with the Munro Leys law firm, he was an unsuccessful candidate for the Presidency of the Fiji Law Society
Fiji Law Society
The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Devanesh Sharma was elected to replace Graeme Leung as President of the Fiji Law Society on 9 September 2006, and as such he holds membership ex officio on the Judicial Service Commission...
on 9 September 2006 http://www.fijitimes.com/story.aspx?id=48042.
Naidu and the 2006 coup d'état
Naidu strongly criticized the Republic of Fiji Military ForcesMilitary of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
, which seized power in the military coup
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
of 5 December 2006. The day before the coup, the Fiji Village
Fiji Village
The Fiji Village is an online news service in Fiji. Published daily, it covers political, business, sporting, cultural, and other news items, and also includes the Yellow Bucket commentary, an editorial which does not necessarily reflect the views of the Fiji Village owners or staff, according to...
news service quoted Naidu as condemning what he called a serious crime against the state. http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html Reports on 18 and 22 December quoted him as strongly opposing suggestions that the Military might abrogate the Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, though he predicted that it would probably come to that as there was no other way to legitimize the coup. http://www.fijilive.com/news/show/news/2006/12/18/Fijilive09.html http://www.fijitimes.com/story.aspx?id=53958 "The military also seems determined to impose its will on the country by force so inevitably I think it will end up abrogating the Constitution and 'starting again'," he was quoted as saying.
The coup was not the beginning of Naidu's criticism of the Military. Nine months previously, in the face of public rumors that President
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
Ratu
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
had refused a government request to dismiss the Military Commander, Commodore
Commodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
, Naidu had indicated that it was the President's constitutional
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
duty to act on the advice of the government http://www.fijitimes.com/story.aspx?id=38854 and could be dismissed if he refused. http://www.fijivillage.com/artman/publish/article_28020.shtml
On 26 December 2006, Naidu condemned the physical abuse allegedly meted out to six pro-democracy activists, who were summoned to Suva's Queen Elizabeth Barracks (QEB) at around midnight on Christmas morning. Such abuse was unlawful and unacceptable, Naidu said. He called on the Fiji Human Rights Commission
Fiji Human Rights Commission
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution of the Republic of the Fiji Islands.- The 1997 Commission :...
to take a stand against such violations. http://www.fijitv.com.fj/index.cfm?go=tv.resources&cmd=forumview&cbegin=0&uid=fijionenews&cid=11138
Naidu also spoke out against the Fiji Human Rights Commission
Fiji Human Rights Commission
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution of the Republic of the Fiji Islands.- The 1997 Commission :...
for supporting the coup. On 4 January 2007, he ridiculed a report written by the Commission's Director, Shaista Shameem
Shaista Shameem
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission from 2002 to 2007, and its director and chairperson from 2007 to 2009...
, which endorsed many of the Military's stated reasons for its actions. Describing the report as "mostly laughable", http://www.fijitimes.com/story.aspx?id=54613 he said, "Somewhere in her academic career, Ms Shameem apparently picked up a law degree. Her latest effort illustrates the dangers of allowing academic sociology types to study serious subjects like law," adding, "I don't think any real lawyer will take it (the report) very seriously". Shameem dismissed Naidu's criticism, saying she believed he had a hidden agenda. http://www.fijitimes.com/story.aspx?id=54685
On 16 January, Naidu dismissed the announcement that the Military had restored Ratu
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
to the Presidency
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
, saying that it did not legitimize the State of Emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
or the interim government. http://www.fijitimes.com/story.aspx?id=55288
Naidu's arrest
On 23 January, Naidu was arrested at a little after 9PM and taken to Queen Elizabeth Barracks for interrogation. http://www.fijilive.com/news/show/news/2007/01/24/fijilive05.htmlEarlier that day, Naidu, speaking on Radio New Zealand
Radio New Zealand
Radio New Zealand is a New Zealand public service radio broadcaster and Crown entity formed by the Radio New Zealand Act 1995. It operates news, current affairs and arts network Radio New Zealand National and classical music and jazz network Radio New Zealand Concert with full government funding...
, had attacked President
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...
Ratu
Ratu
Ratu is a title used by Fijians of chiefly rank. An equivalent title, Adi is used by females of chiefly rank.-Etymology:Ra is a prefix in many titles and Tu is simply "chief"...
Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
as a puppet of the Military and the "illegal" interim government. "Let's face it, he's the military President now," he said. "We can pretend that just because he was the President before the coup and is the President after the coup, that we have some sort of constitutional government. But the fact is the President eventually simply submitted to the military. He's the military's President, he's not the Constitution's president." http://www.fijitimes.com/story.aspx?id=55750 He was also quoted as accusing the interim government of making "illegal laws" ad hoc to circumvent court rulings it did not like.
The Secretary of the President's Office, Rupeni Nacewa, rejected Naidu's claims, saying that as the Fijian constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
remained intact, Iloilo was still the constitutional President.
Interim Attorney General Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum
Aiyaz Sayed-Khaiyum Fiji's Attorney-General, Minister for Justice, Anti-Corruption, Public Enterprises, Industry, Investment, Tourism and Communications...
called Naidu's comments about the President, whom Khaiyum said had "a lot of wisdom", "an insult" and "disrespectful." http://www.fijivillage.com/artman/publish/article_35331.shtml He did recommend, however, that the Military lay charges against people it accused of incitement, rather than summarily detaining them. He said that he had gone to the barracks at around 11PM to secure Naidu's release. http://www.fijivillage.com/artman/publish/article_35349.shtml Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
had told him that Naidu had breached the Public Order Act and the State of Emergency decree. http://www.fijitimes.com/story.aspx?id=55808
Human Rights Commissioner and Fiji Women's Crisis Centre coordinator Shamima Ali
Shamima Ali
Shamima Ali is a Fijian political activist of Indian descent. As of January 2007, she is a member of the Fiji Human Rights Commission and the Coordinator of the Fiji Women's Crisis Centre ....
claimed to have negotiated with senior Military officers and Cabinet Minister
Cabinet (Fiji)
Fiji has the Westminster system - executive authority is vested nominally in a President, but exercised in practice by a Cabinet of Ministers, presided over by the Prime Minister. The Prime Minister is formally appointed, but not chosen, by the President: the President must appoint as Prime...
Bernadette Ganilau
Bernadette Ganilau
Bernadette Lavenia Rounds Ganilau, born July 5, 1951 as Bernadette Lavenia Rounds, is a Fijian writer, broadcaster, and politician, who recently served as Minister for Labour, Minister for Tourism, Industrial Relations, Productivity and Environment in the interim Cabinet of Commodore Frank...
and Attorney-General Khaiyum for Naidu's release http://www.fijivillage.com/artman/publish/article_35345.shtml, but the Military denied this. http://www.fijivillage.com/artman/publish/article_35359.shtml
At the barracks, Naidu was warned to stop making "inciteful" remarks http://www.fijivillage.com/artman/publish/article_35332.shtml. Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...
Neumi Leweni
Neumi Leweni
Neumi Leweni is a Fijian Army officer and diplomat, who holds the rank of Lieutenant Colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other being Lieutenant Colonel Orisi Rabukawaqa. In August 2007, he...
told him that freedom of speech does not include the freedom to be "untruthful."
The Military also announced that it was considering bringing charges against Naidu. http://www.fijilive.com/news/show/news/2007/01/24/24fijilive01.html