‘Ball in Australia’s court’: Fiji lobs torture issue back at ADF

Fiji military tells Australia to decide whether it wants to keep an accused torturer as deputy commander of 3500 Australian troops, as the ADF admits it knew of the abuse allegations against him.

Fijian Lieutenant Colonel Penioni Naliva presents a plaque to Australian Army Lieutenant Colonel John Eccleston in Brisbane. Picture: ADF

Fiji’s top military chief has reportedly told Australian Defence Force chief Angus Campbell that “the ball is in Australia’s court” to decide whether a Fijian colonel keeps his job as deputy commander of the Australian 7th Brigade, following allegations that he was involved in torture and human rights abuses.

The move to shift responsibility for the appointment of Col­onel Penioni (Ben) Naliva follows a crisis meeting in Suva on Wednesday between Fiji Prime Minister Sitiveni Rabuka and Australian high commissioner to Fiji Ewen McDonald over the growing scandal.

After earlier dismissing allegations against Colonel Naliva because they had not been officially reported to police, the Fijian government appears to have accepted the Australian govern­ment may be forced to withdraw or suspend the appointment.

Last week, The Australian revealed Colonel Naliva, a one-time right-hand man to former Fiji coup leader and prime minister Frank Bainimarama, was awarded the prestigious position in the 7th Brigade despite allegations he was involved in the violent beating of detainees, with former Fiji MP Sam Speight claiming the soldier tried to force an M16 rifle barrel into his anus during an interrogation.

The Albanese government has said it was aware of allegations against Colonel Naliva but relied on assurances from the Fiji government that he had “passed all the required police and national security checks”.

On Thursday, Defence Minister Richard Marles declined to answer questions about the appointment, including whether Colonel Naliva was still deputy commander of the 7th Brigade, a position that puts him second in charge of more than 3000 Australian troops based in Brisbane.

Ex-Fijian politician Sam Speight says he was a victim of Colonel Penioni (Ben) Naliva who has been given a senior command in the Australian Army. Picture: Brett Phibbs

In recent days, the story has been front-page news in Fijian media, with at least one newspaper interviewing former detainees who first spoke to The Australian last week alleging torture and other abuse by Colonel Naliva during the 2006 military coup.

Human rights activist Pita Waqavonovono slammed Fiji Army commander Ro Jone Kalouniwai for rejecting the alle­gations of abuse and torture. “I would like to inform him that … I and many others were subjected to much humiliation, intimidation and torture.” he said.

“We did not dream up the sorrow of a mother or daughter who stood outside the Queen Elizabeth Barracks and watched their mother or son get beaten or scream for help.” Mr Waqa­vonovono called on the Australian government to seriously look into the claims.

Major General Kalouniwai has written to General Campbell to say the allegations against Col­onel Naliva had not been reported to authorities, according to the Fiji Sun.

“The ball is now in Australia’s court to decide whether Col­onel Naliva completes the two-year stint in Brisbane or returns home,” the newspaper said.

General Kalouniwai has declined multiple requests from The Australian to answer questions about the appointment.

Fiji's former prime minister Frank Bainimarama arrives at the Magistrates Court in Suva on Wednesday. Picture: AFP

Earlier this week, Fiji Home Affairs Minister Pio Tikoduadua dismissed the torture claims as unsupported allegations by individuals who hadn’t gone to “the proper authority”, telling Fiji newspapers he “wasn’t going to react to social media reports”.

On Thursday, in answer to a series of questions from The Australian, Mr Tikoduadua adopted a more conciliatory tone, acknowledging it could have been difficult and perhaps dangerous for individuals to have reported abuse allegations under the previous administration of coup leader Frank Bainimarama.

“It’s understandable that individuals may have faced challenges or concerns about coming forward with their claims, especially considering the political and social context at the time,” Mr Tikoduadua said. “The current administration is committed to ensuring that all individuals feel safe and supported in voicing their concerns and that their allegations are taken seriously and investigated appropriately.”

Mr Tikoduadua said it was essential to underscore the importance of due process to Colonel Naliva. “Any decision regarding the continuation, suspension, or withdrawal of his appointment will be guided by a thorough and impartial discussion into the allegations,” he said.

Independent senator Jacqui Lambie has demanded the Albanese government and General Campbell explain how an alleged foreign torturer was appointed to one of the Australian Army’s most senior commands.

On Thursday, Mr Marles declined to say whether the Australian government intended to change its procedures in vetting foreign military personnel for service in the Australian military.