Fiji sanctions aimed at wallet

By EUGENE BINGHAM political reporter

Fijian coup leaders may face New Zealand court action and the seizing of personal fortunes under beefed-up sanctions proposed by the Government.

Foreign Minister Phil Goff revealed yesterday that he was considering legislation enabling the seizing of New Zealand-held assets belonging to key figures in the political crisis.

He would also consider assisting people who suffered at the hands of George Speight's rebels to take civil action through the New Zealand justice system.

The measures - proof the Government is prepared to get personal to punish participants in the May 19 coup - would be considered as the next step if the situation in Suva deteriorated.

Mr Goff and Prime Minister Helen Clark yesterday lashed out at the continued stalling of a return to democracy in Fiji and condemned the apparent influence Speight has over the makeup of the interim Administration due to take charge. Helen Clark boosted New Zealand's diplomatic response by expelling 41 Fijian military personnel now serving here and recalling two New Zealand officers from Fiji.

The Government will also call in the Fijian High Commissioner, Isimeli Bainimara, to the Beehive this morning to make New Zealand's position clear.

"We are signalling that New Zealand's response will be firm and relations will be stiff and distant until such time as we see a commitment to restore democratic Government," said Helen Clark.

Mr Goff offered a slender olive branch by pointing out that the sanctions could be dropped if there was positive movement.

But he then hinted at the financial retribution that may be meted out: "We are looking at ways in which we can hold those responsible for the terrorist action to account."

Officials had already begun investigating assets such as personal property and investments belonging to people linked to the coup.

It is understood the main targets for such action are two businessmen alleged to be involved in financing Speight's supporters.

Another possibility was supporting Fijians with New Zealand links to take civil action.

He cited the case of New Zealander Helen Todd, who sued the Indonesian military commander responsible for the troops who killed her son in East Timor.



Those who could sue would include people whose property was destroyed in civil unrest or the families of MPs held hostage by Speight for eight weeks, said Mr Goff.

Members of the Fiji Indian community spoken to yesterday said the owners of several large Suva businesses whose properties were destroyed had fled to New Zealand and would be interested in suing.

But an Auckland lawyer specialising in international civil and commercial litigation said the proposal faced problems.

Laurette Barnard, of Rudd Watts & Stone, who is also a senior lecturer at Auckland University, said New Zealand courts would probably decline to try the cases.

"It is unlikely that a court here will try a case against a Fijian resident in respect of something which that person did in Fiji, subject to Fijian law.

"The position would, of course, be different if the plaintiff would not get justice in the courts of Fiji, should he or she sue there; but New Zealand courts are extremely slow to question the integrity of foreign judges."

Another problem would emerge if Fiji passed amnesty legislation. New Zealand could pass legislation to help overcome the obstacles, as happened in the United States, where Cuban settlers were able to take action over property in their homeland.

Meanwhile, the expelled Fijian soldiers have been given a week to leave. They include 30 engineers at Linton, three officer cadets at Waiouru, three bandsmen at Burnham and one officer each at Waiouru and Whenuapai. Three Navy staff are also in Auckland.

The New Zealand lieutenant-colonel and major at present stationed in Suva are also expected home within a week.

Defence Minister Mark Burton said their role had been in communications and advice.