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C O N F I D E N T I A L SUVA 000506 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 10/29/2017 
TAGS: MARR PREL PHUM KPKO FJ UNAUS IZ
SUBJECT: FIJI MILITARY STOPPED FROM SENDING SUSPECT 
SOLDIERS TO IRAQ 
 
REF: SUVA 502 
 
Classified By: Amb. Dinger.  Sec. 1.4 (B,D). 
 
Prosecutors stop RFMF suspects from deploying to Iraq 
--------------------------------------------- --------- 
¶1. (U) Fiji media reported over the weekend that a number of 
Republic of Fiji Military Forces (RFMF) soldiers, suspects in 
the murder of Sakiusa Rabaka early this year, were stopped 
from departing on deployment to UNAMI in Iraq.  (See reftel 
for context.)  The Fiji Office of the Director for Public 
Prosecutions (ODPP) issued a media release today taking 
credit for that result.  The ODPP said it was "faced with a 
situation where the departure of the suspects would have 
deferred due process for an indefinite period, and after 
unsuccessful attempts at consultation, the ODPP decided to 
intervene."  Murder charges were filed on Oct. 25 against 9 
accused soldiers.  With that, ODPP obtained summons which 
were served on the accused on Oct. 25 and 26.  The ODPP said 
it anticipates "the course of action taken will initiate a 
fair legal process in the courts that will in turn go some 
way to help restore a measure of public confidence in the 
administration of Criminal Justice in (Fiji)." 
 
Some in RFMF were protecting suspects 
------------------------------------- 
¶2. (C) We hear from a contact within the RFMF Legal Services 
that, as has appeared the case for months, certain people in 
the RFMF wanted to protect the suspects.  Ever since last 
December's coup, the RFMF has sought immunity from 
prosecution for any and all "illegal" actions.  We are told 
the DPP has resisted that course.  In the murder cases, the 
RFMF allowed initial police investigations but then 
stonewalled all ODPP efforts to press charges.  More 
recently, someone in the RFMF insisted on assigning the 
suspects to a 216 man contingent bound for Iraq under command 
of Major Eroni Bali.  When word got out that the contingent 
would depart Oct. 27, the DPP authorized the prosecutor in 
Nadi to obtain the summons from a magistrate's court and 
ensure service.  The first hearing of the case is set for 
Nov. 23.  Some reports suggest the 9 suspects have been 
placed on the Fiji Immigration "watch list."  Other reports 
say the RFMF, which has seconded a senior officer to run 
Immigration, has made clear that no RFMF personnel will be 
placed on the "watch list." 
 
Still seeking clarity 
--------------------- 
¶3. (SBU) Much remains unclear.  As of COB Oct. 29, the RFMF 
has refused to comment, as has Police Commissioner Teleni, 
who until recently was number two in the RFMF.  Still, we 
hear the RFMF did abide by the summons, at the last minute 
not having the 9 accused board and removing their luggage 
from the plane; but we have no absolute proof of that as yet. 
 Earlier reports (reftel) suggested the one RFMF suspect in 
the other death case, Verebasaga in January, was also set to 
deploy.  We hear he also remains in Fiji. 
 
A UN role? 
---------- 
¶4. (U) According to PACNEWS on Oct. 29, the UN ResRep in 
Fiji, Richard Dictus, said the UN head office held 
consultations with Fiji's interim government about the 
deployment.  The story says the inquiry was based on media 
reports.  Dictus is now on UN business in Samoa, so we have 
been unable to verify that. 
 
Comment 
------- 
¶5. C) We will continue to attempt to verify exactly what 
happened behind the scenes regarding the RFMF murder 
suspects.  For now, though, it appears the RFMF abided by the 
DPP legal moves, so the 9 soldier suspects remain in Fiji. 
If that is indeed the case, it is a positive sign; though, of 
course, the initial effort to whisk the suspects to Iraq was 
a clear attempt to evade the "rule of law." 
DINGER