5. 3ACKGROUND
(A) TREASON AND INSTIGATING INVASION HAVE ALWAYS CARRIED THE
DEATH PENALTY AND STILL DO. HOWEVER THERE HAVE BEEN NO KNOWN CONVICTIONS FOR THESE OFFENCES WITHIN FIJI'S HISTORY.
THE ACT
(B) UP TO 20 JUNE 1966 THE LAW IN FIJI STATED THAT PUNISHMENT
FOR MURDER WOULD BE DEATH. ACT 17 OF 1966 WAS AMENDED TO READ
THAT ONLY CAPITAL MURDER WOULD CARRY THE DEATH SENTENCE (THE DEFINITION OF WHICH INCLUDED THE KILLING OF A POLICE OFFICER,
GR A MURDER COMMITTED BY A PERSON WHILST A PRISONER).
ALSO STATED THAT UNLESS THE PERIOD WAS RENEWED BY THE HOUSE OF REPRESENTATIVES THIS PROVISION WOULD EXPIRE ON 31 MAY 1971. ON 16 APRIL 1971 THE HOUSE OF REPRESENTATIVES EXTENDED THE PERIOD UP TO 31 DECEMBER 1972. DURING THIS PERIOD OF EXTENSION, 1.5.
BEFORE 31 DECEMBER 1972, A PARTICULARLY BRUTAL AND HORRIFYING
RAPE/MURDER WAS COMMITTED WHEN THE JUDGE STATED THAT HE WOULD
HAVE PASSED THE DEATH SENTENCE IF HE HAD BEEN ABLE TO.
(C) ON 31 DECEMBER 1972 THE HOUSE IN EFFECT LET THE ACT EXPIRE
THEREBY BRINGING BACK THE DEATH PENALTY FROM 1 JANUARY 1973,
AS IT WAS BEFORE 1966.
(D) DURING THE PERIOD 20 JUNE 1966 TO 31 DECEMBER 1972, WHEN
THE DEATH PENALTY WAS IN EFFECT SUSPENDED, THERE WERE 38 PERSONS
SENTENCED FOR MURDER (NONE FOR CAPITAL MURDER ).
(5) UNDER ACT 28 OF 1972 THE PENALTY FOR MURDER IS AGAIN DEATH,
AND ALSO SET OUT THAT A JUDGE, BEFORE PASSING SENTENCE, MAY
CERTIFY THAT THE CASE IS A PROPER CASE FOR NOT (NOT) SENTENCING
THE ACCUSED FOR DEATH IN WHICH EVENT THE ACCUSED SHALL BE
SENTENCED TO IMPRISONMENT FOR LIFE. THE ACT IS THUS NOT VERY
CLEAR AND PUTS THE RESPONSIBILITY ON TO THE JUDGES (WHO FEEL
IT SHOULD NOT BE). THIS IS AN EMOTIONAL SUBJECT IN FIJI.
PARAS 129 AND 130, AND PARAS 47 TO 49 INCLUSIVE OF REPORT OF
THE ROYAL COMMISSION OF INQUIRY INTO CRIME OF 1975, SENT TO SWPD UNDER COVER OF MY LETTER 380/3 OF 19 FEBRUARY 1976, ALSO
REFER.
(F) UNDER THE TERMS OF FIJI'S CONSTITUTION, FOLLOWING ALL APPEALS, THE GOVERNOR-GENERAL HAS CERTAIN POWERS IN RELATION
TO SENTENCES PASSED:
HE CAN
(1) GRANT TO ANY PERSON CONVICTED OF ANY OFFENCE UNDER THE LAW
OF FIJI A PARDON. EITHER FREE OR SUBJECT TO LAWFUL CONDITIONS
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