Removal of PER not the end of our oppression.
Removal of PER not the end of our oppression.
When I first heard of the removal of the Public Emergency Decree I believed it was a major logical step towards returning our civil rights.
A legal friend of mine has a different opinion.
He questions the need for PER. He has always believed the current legal decrees negate the need for PER.
He believes, with PER removed, we will now see many more cases like the graffiti case being moved into a closed court to avoid bad publicity for the Government. The public will never hear why those charged felt the need to paint anti Bainimarama slogans on buildings and bus stops. They will never get to publicly express the dislike of the current Government.
Court orders forbidding news coverage will stop local coverage of cases that are detrimental to the image of the Government.
The Media Decree can result in any reporter, and they now must put their name to all reports, being detained by the police and held for 48 hours for questioning and then released without charge. Reporters can now be charged for withhold sources so there will be few leaks of information critical of the Government. Whistle blowers have no protection under our new law.
Because all reports must be balanced the Government must be asked for their opinion and would be able to block any story, with an instant court order, before it was published.
If any item is published without this balance the reporter and publisher could be detained and jailed.
He believes the only legal advantage to PER, other than to intimidate people, was the lower standard of proof required to prosecute and convict prominent figures removing them as candidates in the upcoming election. I believe the current Mere Samisoni case fall into this category. I am aware she has spoken recently of standing for parlement again in 2014.
He believes the new constitution will remove anyone from becoming a politician who has a conviction or is currently charged with an offence. He expects many people will be charged in the next 18 months and the courts will be unable to complete the cases before the election.
While a step in the right direction the removal of PER is only a minor step.
The removal of PER does not mean the return of our freedom and rights and must not be seen as the end of our oppression.
The fight must go on.
Peter Firkin.
A valid point in fact.