Lawyer representing deported Fiji Times publisher Evan Hannah told an appeals court judge today that the deportation order against Hannah has not been presented in court and they have never seen the document.

While making submissions before a single judge of the appeals court, Justice John Byrns, John Apted stressed that even his client has not sighted the deportation order. He also revealed that no formal order was issued by the Interim Minister for Defense and Immigration Ratu Epeli Ganilau for Hannah's immediate deportation.

Solicitor General Christopher Pryde told the court that the interim minister reached an opinion that Hannah was a threat to national security and verbally directed his permanent secretary to issue the order for Hannah's deportation.

Apted then raised concerns that the detention order which was used to the commissioner of prisons to detain Hannah for seven days before he is deported which was not adhered to as immigration officers executed the order and were in breach of it.

He said the permanent secretary for Defense and Immigration has the prerogative to decide how much time can be given and he said this is to enable the prohibited immigrant time to challenge his detention in the courts.

Pryde responded by saying that the order may have been written out on an old Deportation Order Form which gives a person seven days time before being deported. The case continues this afternoon.

More Submissions Required in Hannah Case 27/05/2008 | 15:30

High court judge Justice John Byrnes today ordered the state and Fiji Times lawyers to provide the court with written submissions regarding Fiji Times Publisher Evan Hannah's illegal detention and deportation case.

Justice Byrnes said this case has raised serious questions on constitutional and immigration laws. Submissions need to be handed in by the 5th of June.

State lawyer Sarvada Nand Sharma also advised the court today that he will file affidavits by Thursday in response to Hannah's application last week seeking certain orders for the discharge of leave to appeal.

Justice Byrnes did not object to this saying the state will be given time.

The case has been adjourned to the 12th of next month for hearing.

Hannah Case: Leave to Appeal Denied

The leave to appeal the decision made by the High Court yesterday to strike out the writ of Herbeas Corpus, filed by the Interim Government, has been denied by Justice Filimoni Jitoko this afternoon in chambers, with regards to the case of Fiji Times Publisher Evan Hannah and the deportation order.

Fiji Times Lawyer Jon Apted, confirmed this outside court.

“We argued the respondents (the governments) summons for leave to appeal. they sought leave to appeal yesterday's decision against striking out," Jon Apted said. “They also sought to stay these proceedings, pending their appeal. In other words the habeas corpus wouldn't go ahead while they went to the Court of Appeal. n other words leave to appeal was denied by the High Court.” Jon Apted

Apted added that the respondents in the case have the right to make an application for leave to appeal.

"The respondents have the right to make an application for leave to appeal to a single judge of the Court of Appeal, so they've been given seven days to take their leave to appeal issue to the Court of Appeal and they also have the right to apply to the Court of Appeal for a stay," .
“And the judge gave reasons, orally, but essentially what the judge held was that their leave to appeal application was without merit. A written ruling will be available on Monday morning.” Jon Apted.

Hannah Case Continues 15th May 2008
The High Court today denied the application to strike out the writ of Habeas Corpus filed by the Interim Attorney General in the Evan Hannah case.

Fiji Times Lawyer Jon Apted said the application filed last week by the Interim Attorney General, on behalf of the respondents - Immigration Director Viliame Naupoto and Permanent Secretary Immigration Malakai Tadulala - to strike out the writ of Habeas Corpus was denied by the Courts.

Apted confirmed that Judge Justice Filimoni Jitoko is now listening to arguments on whether or not the Court Order was given to Immigration Officials before Hannah's deportation two Friday's ago.

Apted said the next issue being argued in court is whether adequate service of the writ had been affected on the respondents.

Hannah was deported two weeks ago for supposedly breaching his work permit.

The case continues at 2.30pm tomorrow.


Evan Hannah’s deportation on the eve of Media Freedom Day
Fiji Times Publisher Evan Hannah was taken from his home on Thursday 1st May 2008. Fiji Times Editor Netani Rika confirmed to FijiVillage that a group of officers – believed to be policemen – and immigration officers visited Hannah’s home at 7pm advising him that they had orders for his deportation.

On the morning of Friday 2nd May, 2008 Rika told FijiVillage that Hannah had left with the officers and when contacted confirmed that he was on his way to Nadi and said that he could not make any more comments.

Sources had advised FijiVillage that Hannah, who is an Australian Citizen, was booked to fly out on an Air Pacific flight bound for Sydney – FJ911, scheduled to depart Nadi at 9am.

In the meantime, the Fiji Times had obtained a Court Order from High Court Judge Justice Filimoni Jitoko demanding that Hannah be produced at the High Court in Suva at 3PM that day.

FijiVillage reporter Gulsher Ali reported from Nadi International Airport, that Munroe Leys lawyer, Faizal Hannif, representing the Fiji Times, had driven from Suva to Nadi attempting to serve legal papers to airport immigration officials in trying to stop the Fiji Times Publisher from leaving Fiji.

This was the second deportation of a foreign media person this year, after Fiji Times Publisher Russell Hunter was deported in February.

When FJ911 left Fiji, Hannah was not on board. Reports later emerged that Air Pacific officials “recognized” the Court Order, and refused to board Hannah. But before the Fiji Times could breathe a sigh of relief – he had been put on an Air Korea flight which left Nadi at 9.35am for Seoul, Korea.

The Fiji Times Editor said: “We know that he has now been put on a Korean Airlines flight to Seoul. This was after court documents were served at the Airport and our national carrier Air Pacific refused to put Mr. Hannah on the plane. But officials have put him on a flight to South Korea – of course we are disturbed.”

Reactions
Reactions were swift and to the point, with most expressing shock at the Interim Government’s actions especially on the eve of World Media Freedom Day.

The Fiji Media Council Chairman Daryl Tarte said he was appalled by Evan Hannah’s detention and immediately called an emergency meeting. The council meeting, which was held at the Fiji Media Council Offices, released a statement, which was delivered by Tarte, expressing shock at the actions taken against Hannah.

“The Council is shocked and dismayed that on the eve of World Media Freedom Day, the Interim Government should make such a mockery of its claim that the media in Fiji is free,” he said.

“While the media in Fiji is still coming to terms with the deportation of Russell Hunter, it is rocked by the deportation of the Publisher of the Fiji Times Mr. Evan Hannah.

“Apparently Mr Hannah is alleged to have breached his work permit by publishing matters that could be a threat to national security.

However, rather than be transparent and publicly displaying it actions, the government is hiding behind a cloak of secrecy.”

Tarte said the council was worried for Hannah’s family. The council also called on the Interim Government to explain its actions.

“If the government truly believes in media freedom then it is under an obligation, to the people of Fiji, to justify its actions. The council is not only concerned about the threat to media freedom, but equally disturbed about the effects of this latest action on the Fiji economy.
“There will be publicity all over the free world about the deportation of Mr. Hannah and this will certainly impact on investment in our country. Potential investors will start to equate government’s actions with those of places like Zimbabwe.

“If the Interim Government believes the expulsion of people like Russel Hunter and Evan Hannah is going to force the media to be more accommodating to them, they are wrong. The media is unlikely to be intimidated by this latest threat. “

The Pacific Island News Association also deplored the action of the Interim Government to deport the Publisher of the Fiji Times. PINA President Joseph Ealedona said this action was a blatant attack on the freedom of the media in Fiji.
He said the arrest and deportation was clearly calculated to intimidate and silence voices that criticize the government. He also called on the Interim Prime Minister to stick to his promise of upholding media freedom.

The Australian Minister for Foreign Affairs Stephen Smith said that unless the Interim Government could provide satisfactory explanation, Hannah’s deportation would only be seen as another blatant attack by the illegal Fiji Interim Government on the media, in an attempt to muzzle freedom of speech.

Smith said given the discussion at the Pacific Island Forum Ministers meeting in Auckland in March, the Interim Government can be under no illusion that the region would consider Fiji’s continued attempts to muzzle the media as acceptable.

New Zealand Prime Minister Helen Clark echoed his sentiments saying that Evan Hannah's deportation is not conducive to Fiji holding free and fair elections.

The Fiji Australia Business Council said it was concerned at Hannah’s deportation especially as he is a member of the council and a high profile Australian.

The Local Presidency of the European Union sent regrets that Hannah was deported in defiance of a Court Order.

National Federation Party’s Pramod Rae said the abduction, detention and forcible deportation of Hannah is a shameful, despicable and cowardly act and a testimony to the fact that Fiji is now being controlled by dictators, who were prepared to blatantly disregard the rule of law and resort to the law of the jungle to satisfy their greed for power.

The United States Government said Hannah's expulsion from the country raised serious questions about the Interim Government's respect for the freedom of the press as this is the second time the Interim Government has expelled a newspaper publisher in less than 10 weeks.

Also, the Pacific Centre for Public Integrity Director , Angie Heffernan calls on the interim regime to concentrate its efforts on preparing for elections instead of pursuing its vindictive anti media crusade.

Fiji Women's Rights Movement’s Executive Director Virisila Buadromo said the interim administration is contradicting itself.
“The Fiji Women’s Rights Movement is … disappointed that the Interim Regime continues to blatantly violate human rights. We call on the interim administration to honour our rights under the 1997 Constitution as well as under the International Human Rights Law and to allow the media to operate freely, without threat and intimidation. We also think that the deportation two days before International Media Freedom Day makes a mockery of what the interim administration said.”

The Fiji Law Society also pointed out the irony of Hannah’s deportation occurring a day before Media Freedom Day and said the matter of the Interim Government’s acknowledging the Court Order raised the added question of whether or not the Rule of Law was in operation in Fiji .

SDL also expressed dismay at the deportation of Hannah.

SDL National Director Peceli Kinivuwai said: “ The (deportation of Evan Hannah) shows very clearly to the people of this country and the outside world the form of government that is existing in this country at the moment.

The coordinator of FemLINK PACIFIC Sharon Bhagwan-Rolls said Hannah’s deportation was not a platform for peace.
“It is very unfortunate that on the eve of Media Freedom Day that in Fiji we are experiencing this situation. Even more what is saddening is that it’s a clear reminder of the political regime that we’re working within. The message is really to Fiji’s political leaders right now is if you’re talking about partnership for peace – you can’t shake hands with a clenched fish.”

And the Fiji Human Rights Commission remained silent on the issue preferring not to comment while the matter was before the courts.

Hannah Comments

In the meantime Evan Hannah, who was appointed Publisher of The Fiji Times in 2007 and lived in Fiji for the last five years, arrived in Sydney early on the morning of World Media Freedom Day Saturday 3rd May 2008 to the waiting media.

He said his deportation marked a sad day for Fiji’s media.

Hannah criticized the Interim Government saying that they persist in the concept that a publisher directs editorial content and makes decisions about editorial content – which does not happen.

"This is another demonstration that the interim government doesn't understand media freedom,” he said. "Since overthrowing the elected government in December 2006, Bainimarama has been accused of waging a campaign of intimidation against media outlets critical of his rule."

But he said despite his deportation, the Fiji Times would remain a solid newsroom. He also emphasized that he did not breach the terms of his work permit as he has no role in the editorial directional content in the newspaper.

In an earlier meeting with Interim Attorney General Aiyaz Sayed-Khaiyum he said he had explained his role that he was not involved in the editorial role. Hannah had been summoned to meet the Interim AG regarding an article alleged to have been written by Suva lawyer, Grahame Leung and printed in the Fiji Times.

In Sydney, Hannah said he was annoyed at this lack of understanding.
“It’s pretty annoying and from a family perspective, it is distressing,” said Hannah, who is married to a Fiji Citizen, Academic Dr. Katarina Tuinamuana.

Tuinamuana, who on Sunday said she was still in shock over the way her husband was removed, invited the interim Government to come forward and explain how he had breached the terms of his work permit.

She also said that the incident had not only affected her, it had also disrupted the daily life of their young son and that of her parents and sister.
Tuinamuana later said she was thinking of taking legal action but would have to tread carefully as the lives of her students and her son are involved.
The Government Responds
The main players in the Interim Government tried to explain.

The Police were quick to deny involvement in the removal of Evan Hannah from his home on Thursday. In an initial statement on Friday morning via spokesperson Ema Mua, Fiji Police Force said that details were sketchy. Later in the day, Commissioner of Police – Commodore Esala Teleni denied Police involvement and refuted reports that a police officer went with immigration officials to visit Hannah’s home the previous evening.


The Director of Immigration Viliame Naupoto said he was following orders and if he had not carried out the directive – he would have failed in his duties.

“We are the body that executes the order to remove people,” Naupoto said.

He said once a person is declared a prohibited immigrant, it is enough to cancel his or her permit. Naupoto said Hannah was declared a prohibited immigrant as his actions were prejudicial to and thus he was deported.

“As far as work permits are concerned, whenever someone who is here on a work permit is declared a prohibited immigrant under Section 13 (2) b of the Immigration Act – that automatically cancels his permit,” Naupoto said.