Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Saturday 7 November 2009

(o) The Brij Lal Incident: Disentangling the Consequences


All acts have consequences. In Brij's case, from one act (and a history of previous acts) there were three consequences in Fiji and more, in happier circumstances, in Australia.

The act? Giving interviews to foreign media when on a visitor's visa to Fiji where emergency regulations are in place expressly forbidding such activities. While his criticism of the Government was relatively mild, any such statement put him in breach of his visa requirements and the Public Emergency Regulations. This assessment makes no judgment on PER. It merely recognized its reality.

The consequences?
  First, the detention. We may not like it, and it certainly should have been by the police, and not the army, but the detention was almost inevitable because of what Brij said, where and when he said it, and who he is. And surely Brij must have known this.

Secondly, the interrogation at the Queen Elizabeth Barracks. He should have been taken to the Suva Central police station, not the barracks. He should have been formally charged, and granted access to a lawyer. I suspect his treatment at the barracks was worse than verbal abuse, even though he denies this. Fiji's police and military have a long and unfortunate record of sometimes roughly treating those they detain for questioning. I doubt Government ordered his poor treatment. The telephone call during the interrogation, and the better treatment when the interrogating officer returned, suggests the interrogators were told to stop.

Thirdly, the deportation. Had Brij retained his Fiji citizenship (or successfully applied for dual citizenship) this would not have occurred.

Conclusion? The de facto Fiji Government was within its rights in detaining, interrogating and deporting Brij. But not in how the military exercised these rights. This is where those criticizing these consequences should direct their attention.

Of the Australian consequences, the incident has enhanced Brij's academic and political standing. Briefly, in many people's eyes, he is a hero and even something of a martyr.

But the incident has done nothing to take Fiji forward, and it has further distanced Brij from any chance of future involvement in Fiji's political process. Had he been more circumspect (and earlier shown some willingness to detach himself from his partisan past), he could have played an important role in the dialogue and reconciliation that must come in Fiji someway further down the road.

From Australia, Brij sent this message to friends in Fiji: "I am touched by the messages of support. Please extend to everyone my sincere thanks. Silence in the face of oppression is not an option, and speaking up for the values of a humane society is not a crime."

Thus, for the time being, Brij has the final word. And the military, in its clumsiness, has made another hero, and lost the Bainimarama Government some support. If both really want to find a peaceful solution to Fiji's imbroglio,  this is not the way to go about it.

Logo: Clean up Fiji. Fiji Times.

24 comments:

GZ said...

I am told that Prof Lal had his glasses broken and was threatened with physical harm to him or his family (his wife lives in Fiji) if he spoke critically again. His freedom of speech outside Fiji may be curtailed out of fear of the consequences.

Simply asserting that the PER is in place does nothing to tell us about the legality of the actions - the legitimacy of the PER is indeed in question. Unfortunately, with a what is now hand-picked judiciary, there is no way to test any such questions in the courts.

Anonymous said...

Croz, once again you are on the money about all this.

The thing that irks me about Brij Lal is that he chose such a pedestrian issue on which to make a stand.

His interview wasn't some grand disclosure about events in Fiji but a mundane and totally inconsequential ABC fill in.

The way he's behaved since reeks of someone with a well refined sense of entitlement.

Ok, he's now a media star in Oz but he's diminished in the eyes of most Fiji people for actively trying to profit from the situation.

Brij can't seem to get over the abrogation of his beloved 1997 constitution, an act that robbed him of a permanent place in Fiji's history.

Think about it. For a historian, this must have been a cruel blow and one suspects that this disappointment motivates his every action and utterance since.

Not a bold chapter or even paragraph in the history books but a footnote at best. Sorry Brij, this week's events won't elevate you any higher.

Anonymous said...

Brij Lal claims and attributes to his Australian citizenship his safety from Fiji.

Well, someone needs to remind the self-elevated historian turned constitutional expert of the virtues of courtesy particularly prevalent in Fiji for centuries that seem to have eluded him since his conversion to Australian citizenship.

You don't overstay your welcome by criticizing the government of the day anywhere.

I am in Australia as a student at the moment. Does that give me the right to criticize Kevin Rudd on his constant craving for attention, his lack of fortitude, or Stephen Smith for being a wuss and largely a Foreign Affairs spokesperson what with Rudd usurping the ministerial obligations and perks off him?

What's good for the goose is good for the gander Lal! I'm surprised you can't see it for yourself!

joe said...

Brij has been spewing venom for a long time. He got what was due to him. He is rather lucky, got off lightly. The silent majority have no sympathy for him.

Crosbie Walsh said...

I see Immigration is denying Brij was deported. They say he left voluntarily. This is a pointless splitting of hairs. If I were interrogated by the military for three hours (even if my family was not threatened and I was not told to leave within 24 hours)I'd be on my way to Nadi pronto with no looking back.

The military should have followed proper procedures and involved Immigration. Fiji's laws exist to be used, not abused. Their abuse brings no credit for them or Government.

GZ said...

I am in Australia as a student at the moment. Does that give me the right to criticize Kevin Rudd on his constant craving for attention, his lack of fortitude, or Stephen Smith for being a wuss and largely a Foreign Affairs spokesperson what with Rudd usurping the ministerial obligations and perks off him?

Yes, and nobody will arrest you or deport you for speaking your mind.

Anonymous said...

"I am in Australia as a student at the moment. Does that give me the right to criticize ...?"
Well yes it does actually.
That's precisely the point.
No-one - neither police not army - in Australia is going to detain or deport you for criticising this country's government or its system.

ballybunnion said...

@Anonymous

Student of what? Worn out cliches, verbal pomposity, or how to be a cry baby who can't cop it sweet?

Anonymous said...

Conflicts of interest have brought Fiji down. Is it sensible, in a state of emergency, to criticise the State which is paying one in an interview to an overseas country, of which one is a citizen, and assume there will be no consequences? One would strongly suggest it is not. Neither does this thoughtless (or deliberate act?)elevate one's status or standing as an intellectual who also has some savvy. It would appear to suggest that the possession of Australian citizenship might be deemed to give one 'Super Status', raised above the rest. What consequences did Professor Brij Lal suppose might stem from this single act? Either for him personally or for those left behind in Fiji - including his wife? This verges upon stupidity in the present climate. Greater sense, more circumspection - Fiji is NOT Australia. It never was and it never will be. Do his academic colleagues of like mind have anything sensible or helpful to add? One does not imagine that they do.

Anonymous said...

@ Ballybunnion

What irked you more mate? The reality of Australia's leadership or that it took a mere student of science to spot what the knuckleheads couldn't when they went to the polls in 2007?

There's no denying in your hollow writing what I asserted. You do not like to have your leadership criticized, irrespective of the merits. Neither do we. Vinaka.

Anonymous said...

This quotation might be of assistance as we consider outcomes from a sad and unnecessary incident:

"In the dark and early days of the Civil War, filled with gloomy news, Lincoln said this to the United States Congress:

"The question recurs - Can we do better? The dogmas of the quiet past are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise to the occasion. As our case is new, so we must think anew, and act anew."

Just as Abraham Lincoln advised us in leading the way to a new plateau in our thinking - and in our nation's heritage'.

There's something useful in that for all of us, not matter where we sit.

Anonymous said...

I see Coup Four and a Quarter is sticking with its story of Brij being punched.

It's taken them four days to put up the "we're right and we know it" story so there must have been a lot of toing and froing on this one.

If you look closely at the pics of Brij arriving back in Oz, there's no sign of a cut lip, bruising to the brij of the nose and his "bottle" glasses are sitting square and intact.

Croz, why don't you put a blown up version of the pic on your website so everyone can see?

CFP5 claims Brij has sat on the assault story for the sake of his wife staying in Suva. But that doesn't sound right to me.

This is a guy who loves the limelight and hates Frank. He'd be screaming at the top of his voice if the story's true because Australia would have really gone to town if one of its citizens had been beaten at the camp.

Anonymous said...

Kevin Rudd went to the media today saying he "has infinite amount of patience in dealing with the asylum seekers from Sri Lanka" enjoying five star accomodation on floating hostels courtesy of the Australian government.

It is a pity Rudd cannot show the same generous patience with the Fiji government. Perhaps if we shipped off all our undesirables on bilibilis headed for Sydney, the response will be more sympathetic.

Anonymous said...

It's naive to think that the majority of people in Fiji support Frank. As a Fijian who has traveled extensively throughout the country and spoken to both indigenous & non-indigenous Fijians about the situation in the country, one thing is clear - they are not happy with what is happening and feel helpless to do anything. What is also clear is that military officers and an elite few (coup apologists & supporters) who are benefitting from this coup. People's rights are being violated on a daily basis by the military and the police (through the PER, interference with the judiciary through the Administration of Justice Decree, media censorship etc).
I admire Brij Lal for speaking out on issues affecting his homeland. Information that I received from the military officers (yes, there are those in the army who are sick of the lies of Frank & other senior officers!) was that Lal was threatened of being killed if he didn't leave within 24 hours by Lt Colonel Sitiveni Qiliho, Operations Officer of the RFMF. Qiliho spat at Lal & even told him, "It's because of you that I am here interrogating you when I could be at home, fucking my wife"! Qiliho also said, "If you don't leave (Fiji), we'll bring you back to the camp and you'll end up at the morgue"!
No one deserves to be treated that way! Whether you have an Australian or Fiji Citizenship it doesn't matter! The reality is that this is a military regime that has no regard for protecting human life and will do anything to remain in power, including murder.

Anonymous said...

For your information & to put things in the context of what the military in FIji do best, below is a short board of inquiry report on the death of Nimilote Verebasaga who was killed within one hour forty minutes of his arrest from his home in Nakelo, Tailevu over a village dispute over land boundaries. One person was convicted and sentenced to 3 years for Nimilote's death in March 2009 and within a four weeks of serving his sentence he was released on a Compulsory Supervision Order by the Commissioner of Prisons Brigadier Iowane Naivalurua. He is now back working at the army camp:
29/5

HQ LFC

BOARD OF INQUIRY REPORT

1. Enclosed pse find the BOI report into the circumstances surrounding the death of Mr Nimilote Verebasaga of Nakaulevu Village, Nakelo Tailevu.

2. Kindly submitted.

J.BALEIKADAVU
Major
President
Feb 07


A. Singh
Captain
Member
Feb 07

V.Matakaca
Warrant Officer Class II
Feb 07
HQ LFC

BOARD OF INQUIRY REPORT
Reference:
A. HQ LFC 29/5 dated 09 Jan 07

1. The Board of Inquiry was convened over the period 11th Jan – 21st Feb 2007.

2. The BOI was conducted at HQ LFC,HQ LSU,HQ 8th Bn, and HQ 3FIR. This was necessary to interview all personnel involved and collate as much information as possible and to determine the causes of the death of the late Mr N. Verebasaga. The statements from the Police Officers’ who were present at the scene of the alleged murder is also attached.

Terms of Reference References

Q1. What are the full particulars and residential
address of the deceased?

Ans. Name: Nimilote Verebasaga.
Age:43years, Height: 177cms
Address: Nakaulevu Village, Nakelo, Tailevu.

Q2. When and where did the death occur?

Ans: Mr N.Verebasaga died at 0640hrs on
Friday 05th January 2007 at Davuilevu Base. Witness 21

Q3. What was the cause of death? Pse elaborate.
(A medical opinionis to be sought)

Ans: Hemorrhagic shock due to injuries due to Pathologist report
Injuries to vital organs as a result of trauma. CWM Hospital

Q4: How was the RFMF involved with the
deceased prior to his death?

Ans: The deceased was apprehended from his
residence at Nakaulevu Village at approximately 0500hrs
by Sgt Rabitu and his patrol party. He was brought into
Davuilevu for further interrogation. The patrol party
Insisted that the deceased tried to escape then he was
Made to perform leopard crawl.Whilst crawling
He was kicked,trampled and was showered with hot
Tea as left over from last night. The deceased was very
Weak but was told to bathe himself. He was punched
and kicked whilst trying to reach the tap. He collapsed
before reaching the tap. He was unconscious and died
prior to reaching the tap.

Anonymous said...

Anon at 12.45

At first glance, this is an impressively detailed account of what happened at Brij Lal's interrogation.

If these quotes are true, I wonder why Brij Lal hasn't told the Australian media he was specifically threatened with death? He hasn't seemed constrained about anything else.

Coup 4.5 is similarly sticking to its story that Brij was assaulted without citing any evidence and in the absence of a claim to this effect from Brij himself.

Would the interrogating officer have done all this knowing, as he must, that Brij would tell all once he got back to Australia? On the balance of probabilities, I don't think so.

I'm afraid your preamble gives you away, your claim that most people in Fiji disagree with the regime but feel powerless to do anything.

This is nonsense from my personal experience and many of those I know. So I suspect you are aligned with anti government forces and this is a propaganda exercise.

The verbatim quotes you provide of Brij's alleged interrogation certainly remind me of that old quote - the bigger the lie the more believable.

Perhaps Brij himself would care to support your account of what happened? Or is he waiting for a big cheque from 60 Minutes? Hmmm.

Anonymous said...

Can there be any doubt about the uphill battle Fiji faces when all of Australia's guns line up against it?

Have a look at the following from supposedly independent ABC reporter Sean Dorney:
------------------------------
Fiji's expulsion of envoy unwarranted

By Sean Dorney for Correspondents Report



Posted Mon Nov 9, 2009 2:30am AEDT


James Batley was expelled along with New Zealand's envoy last week by Commodore Frank Bainimarama. (File photo)

Australia's recently expelled envoy to Fiji cannot be accused of waging a negative campaign against the nation's people and misrepresenting Fiji to Canberra.

High Commissioner James Batley was expelled along with New Zealand's envoy last week by Commodore Frank Bainimarama.

I've known Mr Batley since the early 1980s and the Australian foreign ministry does not have anyone who knows and understands the Pacific region better.

Australia's sanctions against Fiji are not economic and Mr Batley has not attacked the country's people.

Indeed, two weeks ago Mr Batley shared a platform with Fiji's attorney-general Aiyaz Sayed-Khaiyum at a function related to Fiji's embattled garments industry.

Mr Sayed-Khaiyum - the second most important person in Commodore Bainimarama's ministry - took the opportunity to thank AusAID for its economic assistance in the country.

And just last month Mr Batley announced Australia would provide more than $5 million over the next three years to support the work of Fiji's Women's Crisis Centre.

etc etc
---------------------------------
Expelling Dorney from Fiji was obviously a bad move because he's joined the battle against Frank in a direct and very personal sense.

James Batley the great hero? Gimme a break. A clear case of Australia closing ranks to protect its own.

A media piece like this in Fiji about Frank would have everyone screaming about a suck job. Great for the local credibility of Radio Australia, that's for sure.

Caromio said...

Hmmmm....2 bloggers know as 'Anonymous', one is a moron and a cry baby, the other is not - whats going on?

Anonymous said...

Caromio, why go on about Anonymous when you're anonymous yourself?

In your view, Anonymous 1 might well be a cry baby and Anonymous 2 might be a moron.

But let's face it, we're all cowards, including you. Or would you like to prove me wrong and post your full name and address next time?

Better still, how about your bank details and associated passwords and pins in the hope that you're an even bigger moron than me?

Self delusion, my dear, isn't an attractive quality, even with an Italian flavour.

Anonymous said...

@ Caromio et al

Courage is what counts. Now, who might have said that?

Oliver Wendell Holmes (1809 - 1894) had this to say concerning scholars.

"The world's great men have not commonly been scholars, nor its great scholars great men".

If ever that were true in the past, for certain it is true now.

Anonymous said...

""I am in Australia as a student at the moment. Does that give me the right to criticize ...?"
Well yes it does actually.
That's precisely the point.
No-one - neither police not army - in Australia is going to detain or deport you for criticising this country's government or its system."

Sorry to correct you but Australias anti-terrorist laws does give the police the power to do exactly that. A person can be detained for 24 just on a senior AFP officer decicion. Then can be held for 14 days without charge (but requires a judge's consent). And then just ask Dr Haneef if you can be deported from Australia with no evidence.

caromio said...

@Anonymous (or Anonymous)

Self delusion? Whats self delusionary about calling you a moron? I'm lost - you know your postings would be half interesting if they were actually decipherable...never mind, it passes a lazy Saturday afternoon.

And no, I won't be posting any pin numbers, so I failed that test, ergo you are a bigger moron than me.....

Anonymous said...

Caromio, you're deluding yourself to think that your occasional interventions from the Tuscan idyll in your own head are any less moronic than the rest of us.

Your constant attempts to take the pith emanate from a mind all too obviously addled by alcohol and too much sun. My dear, do us a favour and just pull your hat down over your eyes and go back to sleep.

caromio said...

@Anonymous

Tuscany? If only.....