13 Nov 2008

Former Fiji detainee returns to NZ

7:18 pm on 13 November 2008

The businessman Ballu Khan has arrived back in New Zealand from Fiji, saying did not feel safe until his plane touched down in his homeland.

All charges against the New Zealand businessman were struck out in Suva High Court on Wednesday. Mr Khan and 10 others were charged with conspiracy to kill Fiji's interim prime minister, Commodore Frank Bainimarama, and other Cabinet members last year.

He arrived at Auckland International Airport on Thursday to his waiting family, some of whom had flown to New Zealand from Australia to meet him.

Mr Khan was hospitalised after a beating he received in November when he was arrested by police officers and soldiers. He says his skull was fractured, and his health is still marginal.

Mr Khan says his nine co-accused in Fiji are also innocent, and he does not know why the military saw them as a threat.

His lawyer, Peter Williams, QC, says Mr Khan was not given constitutional rights to visits by a lawyer and was wrongfully detained for lengthy periods before being brought before the court.

Mr Khan says he has a deep gratitude to the people of New Zealand and the New Zealand Government.

He is suing the Fiji government for $34.5 million in compensation for the injuries he received while in custody and for his wrongful detainment.

The Fiji Times reports Mr Williams as saying there are still some outstanding matters, but the most important thing is Mr Khan's liberty.

Qarase appeal

Meanwhile, Fiji's ousted prime minister, Laisenia Qarase, is appealing a recent High Court decision, which ruled the military coup that swept him from power was legal.

Last month, Fiji's High Court dismissed a challenge brought by Mr Qarase, who was ousted by Commander Bainimarama in December 2006.

The court decision sparked anger as well as claims that the judges who made the ruling were biased.

Mr Qarase says he has filed the appeal because the court's ruling will encourage other coups.

On Tuesday, police confirmed that they are still investigating Mr Qarase for alleged treason.

Fijivillage website reported that the country's police commissioner, Commodore Esala Teleni, said Mr Qarase was being investigated for allegedly asking for military intervention from the Australian and New Zealand governments when the military was about to stage its coup in 2006.

Police have earlier said that, under Fiji's penal code, any person who instigates any foreigner to invade Fiji with an armed force is guilty of the capital offence of treason.