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Richard Naidu

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Richard Naidu 2022

Richard Naidu is an Indo-Fijian journalist, constitutional lawyer and opponent of the 2006 Fijian coup d'état. He is a former director of Transparency International Fiji.[1]

Naidu served as spokesperson for Prime Minister of Fiji Timoci Bavadra.[2] During the 1987 Fijian coups d'état he was beaten by iTaukei militants[3][4] and his home was burned by arsonists.[5] He was later deported to New Zealand by the military regime.[6] While in exile in New Zealand he studied for a law degree at the University of Auckland.[6][7] After working as a lawyer in New Zealand, he returned to Fiji in 1995.[7]

He was an opponent of the Qarase government's Reconciliation, Tolerance, and Unity Bill, calling it unconstitutional.[8] During the 2005–2006 Fijian political crisis he argued that the elected government had the power to sack Republic of Fiji Military Forces Commander Frank Bainimarama,[9] and that the President of Fiji must follow the advice of the elected government.[10]

Naidu and the 2006 coup d'état

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Naidu opposed the 2006 Fijian coup d'état as illegal and unconstitutional.[11] He condemned the detention and beating of six pro-democracy activists by the military on Christmas eve at the Queen Elizabeth Barracks, and called on the Fiji Human Rights Commission to take a stand against such violations. Naidu also spoke out against the Fiji Human Rights Commission for supporting the coup, ridiculing a report written by the Commission's Director, Shaista Shameem, which endorsed the coup.[12] 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.[13]

On 23 January Naidu gave an interview to Radio New Zealand in which he attacked President of Fiji Ratu Josefa Iloilo as a puppet of the Military and the "illegal" interim government.[14] He was also quoted as accusing the interim government of making "illegal laws" ad hoc to circumvent court rulings it did not like.[15] He was subsequently arrested by the military and taken to Queen Elizabeth Barracks for interrogation.[16] He was released after intervention from military Attorney-General of Fiji Aiyaz Sayed-Khaiyum[17][18] and Human Rights Commissioner and Fiji Women's Crisis Centre coordinator Shamima Ali.[19]

Post-coup

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Following the coup, Naidu represented opponents of the regime, such as Fiji Law Society vice-president Tupou Draunidalo and the Fiji Times.[20][21] In May 2009 he was detained and his computer was searched on suspicion he was involved with an anti-military blog site.[22][23] In June 2009 he withdrew from speaking at Fiji's Institute of Accountants Congress after threats from police.[24] He later criticised the military regime for denying a permit for the Fiji law Society's annual general meeting.[25]

Naidu later worked as the editor of the FijiLive website. In July 2010 he was detained by the military under the Media Industry Development Decree 2010 over an article claiming the Fiji police commissioner had been suspended.[26][27]

In 2015 he briefly served on the Constitutional Offices Commission as the leader of the opposition's nominee,[28][circular reference] resigning in November after claiming it was a rubber-stamp for the regime.[29] He later criticised the government's proposed Parliamentary Powers and Privileges Bill and Code of Conduct Bill for undermining freedom of speech.[30][31]

In November 2022 he was convicted of contempt of court after pointing out a spelling mistake in a judicial judgement in a Facebook post.[32][33][34] The conviction was condemned by Amnesty International,[35] the Commonwealth Lawyers Association,[36] the New Zealand Law Society,[37] the Law Council of Australia,[38] and legal academics.[39] In July 2023 the court set aside the conviction and dismissed the charge.[40]

References

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  1. ^ "Transparency International Fiji aims at review of public service disciplining". RNZ. 29 August 2006. Retrieved 1 April 2023.
  2. ^ "Bavadra says no; he'll lead civil disobedience". Canberra Times. 25 May 1987. p. 1. Retrieved 1 April 2023 – via National Library of Australia.
  3. ^ "Taukei Terror Stalls Talks". Pacific Islands Monthly. Vol. 58, no. 10. p. 14. Retrieved 1 April 2023 – via National Library of Australia.
  4. ^ "Bavadra pulls out of talks". Canberra Times. 8 September 1987. p. 5. Retrieved 1 April 2023 – via National Library of Australia.
  5. ^ "13 held in Fiji civil violence". Canberra Times. 19 September 1987. p. 5. Retrieved 1 April 2023 – via National Library of Australia.
  6. ^ a b "Test for authority". Canberra Times. 9 January 1988. p. 4. Retrieved 1 April 2023 – via National Library of Australia.
  7. ^ a b "Richard Naidu". Munro Leys. Retrieved 1 April 2023.
  8. ^ "Prominent Fiji lawyer questions Reconciliation Bill". RNZ. 1 August 2005. Retrieved 1 April 2023.
  9. ^ "Fiji lawyer says proper process must be followed over army commander". RNZ. 20 March 2006. Retrieved 1 April 2023.
  10. ^ "Fiji's President backed by chiefs in spat with government over military commander". RNZ. 21 June 2005. Retrieved 1 April 2023.
  11. ^ "Chiefs' legal position correct, says lawyer". Fiji Times. 22 December 2006. Archived from the original on 7 February 2012.
  12. ^ "Prominent lawyer dismisses FHRC report". Fiji Times. 4 January 2007. Archived from the original on 7 February 2012.
  13. ^ "Return of executive authority failed to legitimise regime: Naidu". Fiji Times. 16 January 2007. Archived from the original on 17 January 2007.
  14. ^ "Iloilo is 'military President'". Fiji Times. 24 January 2007. Archived from the original on 7 February 2012.
  15. ^ "Fiji constitutional lawyer dismisses military claim that overthrow did not breach constitution". Radio New Zealand. 22 January 2007.
  16. ^ "Military denies report that prominent lawyer beaten up after comments about president". Radio New Zealand. 25 January 2007.
  17. ^ "Interim Fiji AG wants military to use Public Order Act". RNZ. 24 January 2007. Retrieved 1 April 2023.
  18. ^ "Charge people who incite, AG tells army". Fiji Times. 24 January 2007. Archived from the original on 7 February 2012.
  19. ^ "Continuing detentions in Fiji worry human rights commissioner". RNZ. 25 January 2007. Retrieved 1 April 2023.
  20. ^ "Fiji Law Society vice president to face contempt charge". RNZ. 11 July 2007. Retrieved 1 April 2023.
  21. ^ "Fiji regime pushes for big fines and jail terms for newspaper editors and publishers". RNZ. 4 December 2008. Retrieved 1 April 2023.
  22. ^ "Fiji police seize computers of three prominent lawyers". RNZ. 20 May 2009. Retrieved 1 April 2023.
  23. ^ "Detained lawyers said to be OK". RNZ. 21 May 2009. Retrieved 1 April 2023.
  24. ^ "Fiji conference speakers withdraw amid police threats". RNZ. 9 June 2009. Retrieved 1 April 2023.
  25. ^ "A Fiji lawyer says regime acting on whim over gathering permits". RNZ. 8 September 2009. Retrieved 1 April 2023.
  26. ^ "Fijian authorities detain journalist overnight under draconian law". International Press Institute. 4 August 2010. Retrieved 1 April 2023.
  27. ^ "IFJ condemns incarceration of Fijilive.com news editor". Pacific.Scoop. 4 August 2010. Retrieved 1 April 2023.
  28. ^ "First meeting of Fiji's Constitutional Offices Commission held". RNZ. 17 April 2015. Retrieved 1 April 2023.
  29. ^ "Fiji's Qiliho appointment prompts Naidu resignation". RNZ. 17 November 2015. Retrieved 1 April 2023.
  30. ^ "Fiji lawyer says bill has no legal equivalent worldwide". RNZ. 4 May 2017. Retrieved 1 April 2023.
  31. ^ "Issues raised with Fiji Code of Conduct Bill". RNZ. 15 January 2019. Retrieved 1 April 2023.
  32. ^ "He Pointed Out a Judge's Goof. Now, He Faces Jail Time in Fiji". New York Times. 25 November 2022. Retrieved 1 April 2023.
  33. ^ "Lawyer Richard Naidu Guilty, Convicted For Scandalising The Court". Fiji Sun. 22 November 2022. Retrieved 1 April 2023.
  34. ^ "Pointing out spelling mistake leads to contempt conviction for Fiji lawyer". RNZ. 23 November 2022. Retrieved 1 April 2023.
  35. ^ "International rights group condemns spelling mistake conviction in Fiji". RNZ. 25 November 2022. Retrieved 1 April 2023.
  36. ^ "CLA Statement regarding the conviction of Richard Naidu by the High Court of Fiji". Commonwealth Lawyers Association. 25 November 2022. Retrieved 1 April 2023.
  37. ^ "Statement on Fiji". New Zealand Law Society. 1 December 2022. Retrieved 1 April 2023.
  38. ^ "Law Council concern regarding judgment against Fijian lawyer Richard Naidu". Law Council of Australia. 25 November 2022. Retrieved 1 April 2023.
  39. ^ "Facebook conviction of Fiji lawyer labelled 'disproportionate'". RNZ. 28 November 2022. Retrieved 1 April 2023.
  40. ^ "Richard Naidu's conviction not to be recorded and charge of contempt dismissed". Fiji Village. 18 July 2023. Retrieved 18 July 2023.