Home » Uncategorized » Only in Fiji is yawning a criminal offence.

Only in Fiji is yawning a criminal offence.

Judge: Yawning is not a misconduct offence

Nanise Loanakadavu Saturday, March 09, 2013

A MAN who was sentenced to two months imprisonment for yawning outside the courtroom successfully appealed against his sentence in the Fiji Court of Appeal.

Herbert Wise was jailed for two months by the trial magistrate on April 7, 2010 for one count of contempt of court because he was lying on a bench on the terrace and yawning.

Judge justice Daniel Goundar said in his judgement that the natural act of yawning could not constitute a misconduct offensive to the court.

The court heard that Wise was outside the court room when he yawned once.

When the presiding magistrate heard the yawn, she directed the court orderly to bring order in the court.

When Wise was approached to be silent, he apologised for his conduct.

But the magistrate did not let the matter rest and directed Wise to remove his sunglass and sit inside the court.

She then later ordered Wise to be locked in the cell.

Justice Goundar said the validity of the presiding magistrate’s direction was questionable.

He said Wise was not a party to any litigation before the court.

“What legal authority do the courts have to direct members of the public who are outside the courtroom to remove their sunglasses and to sit inside the court especially when they are not party to the proceedings before the court,” Justice Goundar asked.

He said if Wise had committed an act of contempt in the plain view of the presiding magistrate, she did not have the power to summarily punish him by incarcerating him.

44 thoughts on “Only in Fiji is yawning a criminal offence.

  1. Magistrate Thurshara Rajasinghe, is a power tripping lunatic. Her original decision undermines the interests of justice.

    I just wonder if Justice Goundar had the Chief Justice’s permission to make the ruling in this appeal.

    After all it was Gates who recruited this lunatic.

  2. Good God! Is this the level of arrogance among magistrates that cases pandering to their own egos waste space on an illegal & treasonous high court judge’s roster? Why didn’t the magistrate just put him away for breathing?

    This is not entirely surprising given that Queen Antonia’s Kangaroo Court has been in session since December 2006.

  3. That magistrate should be fired immediately!! What she did was clear abuse of authority.

    I could understand it if she saw it as contempt for someone to yawn while addressing the magistrate, but even then the sentence would have been excessive. Admonishing the yawner surely would be sufficient if it occurred in court, else it should have been ignored.

    Etiquette requires covering a yawn; it is not always possible to suppress a yawn. But a minor breach of etiquette surely is not generally a punishable offense. Next I suppose that someone will be sentenced for, in error, addressing a magistrate or judge as “your honor.”


    HA HA HA



    Government says if the construction of our first casino does not start by May this year, there will be consequences for the license-holders – One Hundred Sands Limited.
    The Attorney-General and Minister for Tourism, Aiyaz Sayed-Khaiyum, made these comments as he confirmed the American company has been given until May to start the casino construction.
    “But if this deadline of starting construction in May is not adhered to, there would be consequences,” he said.
    “There has been an extension of time given to the casino license holders and they need to commence construction by a particular date in May.
    “If they do not, there are obviously consequences in terms of license itself. We anticipate them to commence construction on the casino proper and the convention centre and hotel by May.”

    Attempts to contact chairman
    Meanwhile, the Fiji Sun has been trying for the last couple of months to get confirmation from the chairman of One Hundred Sands, Larry Claunch, on their plans for starting the construction.
    However, we were last advised that Mr Claunch would issue a statement on this in due course.
    The exclusive casino license
    Government had announced in December 2011 its decision to grant Fiji’s first-ever exclusive casino license to One Hundred Sands.
    One Hundred Sands was to build a five-star luxury casino resort on Denarau Island, in partnership with the Snoqualmie Tribe from the US.
    Whilst the groundbreaking ceremony for this US$290 million project was held in April last year, works at the Denarau Island site has not started as per the original schedule.
    The opening of the 100 Sands Casino and Convention Centre was earmarked for October this year. However with the delays in construction, this may need to be revised.
    The resort would also have a 1600 seat state-of-the-art convention centre.

  6. Actually. . . .

    Yawning or dozing in court could actually be contempt similar to what the Times was just fined bigbucks for. So could reading a newspaper, if court was in session. The Times was guilty of scandalizing the court, which is a bit different. I believe this would be contempt in the face of the court, but it being something outside of the actual courtroom could make it inapplicable. No matter how suspect the court, it has the power to punish any disrespect shown it, and will do so. Sorry for the lecture.


  8. Officer granted bail despite opposition: By Yawning Idiot Magistrate

    Felix Chaudhary
    Saturday, March 09, 2013

    A 43-year-old police officer charged with unlawful carnal knowledge was granted bail by the Nadi Magistrate’s Court yesterday.

    The officer is alleged to have raped a 28-year-old woman on March 7 this year.

    Despite objections by police prosecution, Magistrate Thushara Rajasinghe granted bail to the sum of $10,000 with two sureties and ordered the accused to surrender his passport and all travel documents.

    Counsel for the accused, Iqbal Khan said his client was of good character and had appeared in court as requested.

    Magistrate Rajasinghe granted bail saying the prosecution had not rebutted defence submissions that the presumption of bail should not be granted.

  9. Why these two prostitute journalist women from Fiji Sun have not gone to Khaiyum’s aunty and uncle for comments:

    Khaiyum-Bainimarama rolled out false casino dice
    One Hundred Sands Ltd began as purveyor of agricultural produce and ‘deer farmers’ with no experience as multi-million dollar casino operator.
    The regime’s illegal pay mistress Nur Bano Ali and her husband in charge of company’s business accounts.

    In December last year, Fiji’s illegal prime minister and dictator Frank Bainimarama announced that One Hundred Sands Limited has been granted Fiji’s first exclusive casino license.

    He said his illegal government rigorously assessed all applicants before choosing One Hundred Sands Limited which plans to open a casino, a resort, and a convention centre on Denarau Island.

    He said his treasonous government was not trying to “imitate Las Vegas in the Pacific” because Fiji already had its own unique brand name. The dictator said One Hundred Sands Limited was a company with the ability to maximise economic returns without damaging the socio-economic fabric of Fiji.

    According to the Fiji media, the dictator said his government also chose One Hundred Sands Limited because of its strong affiliation with Native American culture which provided a malleable fusion between the Western ideals of casino gaming with the strong cultural values of tribal and community life (that is before the dictator de-established the Great Council of Chief in Fiji).

    He said government required that at least 20 per cent of ownership in the One Hundred Sands be reserved for Native American interests that are currently involved in casino gaming, as is customary in the US.

    In a press statement, Larry Claunch, described as an American millionaire and founder and chairman of the Board of the One Hundred Sands, said his Fiji based company is to build a $290 million Luxury Casino Resort and Convention Center on Denarau Island. One Hundred Sands plans to employ 600 to 800 local residents. “After two years of working diligently with the Fijian government under the stewardship of Prime Minister Josaia Voreqe Bainimarama, and Native American tribes, we’re delighted to be part of this thrilling opportunity to introduce casino gaming and state of the art convention center to the Fiji Islands to help create jobs and expand tourism for the country,” said Claunch.

    Claunch also added that his firm is “looking forward to working closely with Fijian Tourism Authorities, other local resorts, tour operators, and airlines throughout the Pacific to enhance the tourism to Fiji.” One Hundred Sands, he disclosed, is partnering with the Snoqualmie Tribe from the State of Washington and Seventh Generation LLC, a Native American company, in order to enhance its casino gaming experience, the development of social and economic initiates to benefit local Fijians, and to further develop cultural and tribal ties between Native Americans and Fijians.

    His press statement claimed: “The Casino complex will bring a new level of sophistication to the Tourism Industry in Fiji featuring very high end luxury rooms. It will provide a plethora of opportunities to various existing and new business for ancillary activities. The Fiji airline industry will see direct benefits and through the creation of additional passengers on the plane. Foreign exchanges will be bolstered to higher levels and this will contribute to the enhancement of their GDP.”

    Toothpower Ltd and Larry Claunch
    An investigation into the background of One Hundred Sands reveal that the company was previously called Toothpower Limited which, in September 2004, had informed the Registrar of Companies that its registered office was at 21 Le Hunte Street, Suva (P O Box 13353). On 15 September 2004, in its Return of Allotments the company notified the ROC of the change of name from Toothpower to One Hundred Sands Ltd. Other details were as follows: Number of ordinary shares allotted payable in cash 999; nominal amount of the ordinary shares so allotted $999; amount paid or due and payable on each share, $1. Names, descriptions and addresses of the allottees: Larry L Claunch, P. O. Box 122, Savusavu. Number of shares allotted, 999.

    In its Memorandum of Association, Toothpower had stated that the objects for which the company was established were to do the following: “To carry on business as farmers, growers, agriculturists, horticulturists, livestock and in particular deer farmers & breeders, arable and fruit farmers, copra farmers, seed and fertilizer merchants, millers, manufacturers and processors of farm products and the sale by wholesale or retail of farm produce of all types and varieties, and to acquire and construct glasshouses and any other premises for the promotion of speedy growth of crops, vegetables, fruits, flowers etc etc etc – and trade in goats, cattle, pigs, deer, poultry, game and live and dead stock of every description, mil, cream, butter, cheese, eggs, porkers, meat and other commodities goods or things.” The company was originally incorporated under the Companies Act as a limited company on 21 January 1987, with Anil Kumar Tikaram (Suva solicitor) and Wilfred Bentley, of Pacific Harbour, Deuba, holding one share each.

    In July 2006, the Return of Allotments submitted by BDO Zarin Ali stated the following as directors: Larry L Claunch, P O Box 12900, Beck Rd, Dallas, Oregon 97338, USA, and Janen Singh, P O Box 10027, Laucala Beach State. Claunch held 2,398,999 shares and Singh 23,900 respectively. On 30 July 2006 Singh told the Registrar of Companies: “At an extraordinary general meeting of the shareholders it was resolved that the authorized capital of the company be increased by $9,995,000 from $5,000 divided into 5,000 shares of $1each into $10,000,000 divided into 10,000,000 shares of $1 each.

    In November 2006, Claunch and Singh, a local realtor, had joined hands to set up a real estate business in Savusavu to target up-market properties. Claunch said Fiji was the Hawaii of tomorrow and its biggest asset was its friendly people. He said visitors from all over the world would find Fiji the idyllic tropical destination without the crowds. Claunch and Singh, according to media reports, had invested more than $500,000 in setting up Homes and Properties Fiji Ltd and had bought Savusavu Real Estate from Pettine Simpson, who had joined the company as a sales executive.

    Singh said Claunch had invested more than $12 million in buying two freehold islands and had been a regular visitor to Fiji for the last three years. He said a resort was being developed at Nukudrau Island in Natewa and he had set up a private retreat at Bekana in Udu Point. Singh said the company planned to set up offices in Nadi and Suva next year.
    He said the aim of their company was to do international marketing through their website and a representative in the United States.

    Singh said the company’s aim was to help people in search of homes to realise their ‘paradise dreams’.

    On 1 September 2007, a year after the treasonous coup, the ROC was notified that One Hundred Sands registered office was at Level 8, Dominion House, Thomson Street, Suva. The two directors were listed as Claunch and Minesh Kumar.

    The statement was signed off by Alison Southey, administration manager at AlizPacific. On 9 February 2011 Kumar resigned, leaving Claunch and Barbara L’Ami, both US citizens, as sole directors of One Hundred Sands Limited.

    In December 2011 the dictator announced that One Hundred Sands Ltd had been granted the exclusive right to run Fiji’s first casinos – a company which seems to have no experience in having “rolled a dice” throughout its existence in Fiji.

    The illegal Attorney-General Aiyaz Khaiyum’s aunty and uncle’s accountancy company seems to have pulled another spectacular business coup for their client in post-coup Fiji.

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  11. I am reminded of what Mae West said to a judge in one of her movies when she was being tried for indecency. It went something like this:

    Judge: Are you trying to show contempt for the court?

    West: No, your honor; I’m trying very hard to conceal it.

    She was very famous for her one-liners. You can go to youtube and do a search on “Mae West.”

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