Fiji’s Controversial Pardons: A New Beginning for Coup Leaders?

Convicted coup leader George Ilikini Naitini Speight, former Commander of the disbanded Counter Revolutionary Warfare Shane Stevens, and a Suva businessman have received Presidential pardons, allowing them to avoid jail time.

This decision follows the recommendations made by the Mercy Commission, which operates under section 119(3) of the Fijian Constitution. This body has the authority to suggest to the President of Fiji the granting of either a free or conditional pardon, the postponement of punishments, or the remission of all or part of a punishment for individuals convicted of criminal offenses.

On September 11, 2024, the Mercy Commission reviewed 10 mercy petitions. Following thorough consideration, it made recommendations concerning the petitions of Mahendralal Patel, George Speight, Shane Stevens, and seven others.

Mahendralal Patel, also known as Mahendra Motibhai Patel, faced charges of Abuse of Office in 2006 and was convicted in absentia on November 20, 2014, receiving a 12-month sentence. His initial petition to the Mercy Commission was filed on April 4, 2023, but was dismissed. However, on June 13, 2024, his lawyers submitted a request for reconsideration. The Commission evaluated Patel’s age, the duration of his absence from Fiji, and his significant contributions to the nation, ultimately recommending a conditional pardon, provided he does not reoffend.

George Ilikini Naitini Speight was charged with treason and pleaded guilty in 2001. His death sentence was commuted to life imprisonment in 2002, and he has served 24 years, one month, and 23 days, totaling 8,820 days in various correctional facilities. With no prior convictions, positive behavior reports from the Fiji Corrections Services (FCS) led to recommendations for his pardon. Following psychological and judicial assessments, the Commission advised that Speight be granted mercy by postponing his punishment indefinitely due to his rehabilitation and the length of his incarceration.

Shane Stevens, convicted of Incitement to Mutiny in 2002, has spent 21 years, eight months, and 20 days in Naboro Prison. Like Speight, he has no previous convictions, and reports from the FCS noted his positive progress while imprisoned. The Commission has recommended that Stevens be granted mercy by delaying the execution of his punishment for an indefinite period.

Following these recommendations, His Excellency the President took action under Section 119(5) of the Constitution on September 18, 2024. The Commission has confirmed that its decisions comply with constitutional guidelines.

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