As the judicial inquiry begins today into the allegedly “rotten” circumstances of Barbara Malimali‘s appointment as FICAC Commissioner, it is also precisely two weeks (Dec 23) since the President, Ratu Naiqama Lalabalavu, received the findings of the judicial inquiry into the allegations of misbehaviour against the DPP, Christopher Pryde.
The reports that Christopher Pryde has been exonerated of wrongdoing have sent a wave of panic through the upper echelons of the State. A clear sign of that panic was that the Prime Minister, Sitiveni Rabuka, immediately confirmed the Acting Chief Justice, Salesi Temo, in the substantive position of CJ the following day – Christmas Eve.
Temo – who instituted the proceedings against Christopher Pryde and defamed him by branding him a thief over superannuation payments that were in his contracts – is clearly going to be under intense pressure when and if the Tribunal findings are made public. He would be under pressure whether he was acting CJ or in the substantive position. But the Prime Minister has clearly tried to solidify his position when there will inevitably be calls for his removal because he has been the architect of the entire Pryde debacle.
Incredibly, when asked why Temo was being appointed to the apex of the judiciary, all Sitiveni Rabuka could say was that his choice had never had a finding of professional misconduct made against him. Welcome to the new Fiji, where not being a criminal or miscreant propels you to the summit of the State. Competence and integrity have nothing to do with it.
As we know, the same is not the case with the man at the very top – the President – who is a convicted criminal having served jail time for his part in the 2000 mutiny and whose reputation has been shredded by the allegation that he impregnated a 15 year old girl, along with his record of misogyny, which led to public calls that he not be appointed Head of State. Those calls fell on deaf ears. But once a lawbreaker, always a lawbreaker, goes an old saying. And so it is proving to be in the case of Naiqama Lalabalavu.
The Constitution requires him to make the Tribunal finding against Christopher Pryde public. It also requires him to lift the suspension against Pryde if he has been found not guilty of misbehaviour – which multiple reports are now saying the Tribunal has ruled – and reinstate him as DPP. The President has done neither.
Two weeks after receiving the report, Naiqama Lalabalavu and the rest of the gruesome trio at the pinnacle of the state – Salesi Temo and Sitiveni Rabuka – are sitting on the findings of Justice Anare Tuilevuka and his fellow judges. Why? Because it is a catastrophe for the integrity of the State and for public confidence in the criminal justice system and the rule of law.
It will be two years next month since Christopher Pryde was photographed in casual conversation with the ousted attorney general, Aiyaz Sayed-Khaiyum. By April he was gone as DPP – suspended after Khaiyum’s successor, Siromi Turaga, tricked him into writing a letter of apology and used it to nail him.
In subsequent months, the Coalition trawled through the offices of state and the civil service looking for more evidence against the DPP. The best they could find – the only thing – was an allegation that Christopher Pryde didn’t get permission from the Judicial Services Commission for the superannuation payments he’d been receiving ever since he came to Fiji as solicitor general.
It was this issue that prompted Salesi Temo to cast Christopher Pryde as a thief when the Tribunal eventually convened 21 months after he was suspended. Temo said Pryde had “stolen from the Fijian people”. It was a lie. As the hearing evolved, we learnt that the superannuation payments had been part of two successive contracts signed by two successive heads of state. The man who now heads of the judiciary – courtesy of the Prime Minister – gave false evidence that severely damaged the DPP’s reputation. And in the way of these things, he can expect to be sued.
Does that explain why the President is sitting on the Tribunal findings? Only partly. Because the wider issue is the shocking embarrassment for the State in having taken 21 months to bring the Pryde allegations to court and then losing. If Christopher Pryde has indeed been exonerated, the Constitution requires that he be reinstated. Yes, able to return to Gunu House carrying his “Keep Calm and Carry On” sign to stare down those who’ve replaced him so badly – those party-lovers Nancy Tikoisuva and John Rabuku. It is the government’s worst nightmare – the white man back as chief prosecutor and the iTaukei removed.
So those at the pinnacle of the state are weighing up whether they can get away with breaking the Constitution in the same way that Frank Bainimarama and Aiyaz Sayed-Khaiyum did when they sacked the former solicitor general, Sharvada Sharma. And all the evidence points to the likelihood that they will. For a start, the Chief Justice doesn’t think the Constitution – the supreme law – applies to him. Because he has already demonstrated that he doesn’t feel obliged to obey its provisions by appointing the misbehaving John Rabuku as acting DPP before three supreme court judges forced him to back down.
It is an absolute scandal that Barbara Malimali is still in the substantive position of FICAC Commissioner as the Ashton-Lewis inquiry begins today, with allegations of criminal activity cited by the Counsel Assisting, Janet Mason, as the reason the inquiry is being held in secret. Malimali stays with all the sweeping powers at her disposal when she should have been suspended as soon as the inquiry was convened, as the Opposition leader, Inia Seruiratu, demanded.
Why is Barbara Malimali being kept in place when there are criminal matters under investigation? When Christopher Pryde was suspended merely for the perception of inappropriateness in having had a conversation with Aiyaz Sayed-Khaiyum? Because as Grubsheet has observed before, there is one rule for the white goose and another for the little (or not so little) black duck.
Barbara Malimali stays on in the substantive position of FICAC Commissioner on full pay. Christopher Pryde was forced to vacate his office for the best part of two years yet remains the DPP and has reportedly been exonerated. But it is now seven months since Salesi Temo cut off his pay, leaving him without the means to defend himself at the recent Tribunal hearing and plunging him into financial distress.
Imagine the dismay at the apex of the State that Pryde has reportedly been exonerated even without being there to defend himself? Having been kept waiting for 21 months before his case was heard, Christopher Pryde has now been waiting for two weeks and counting for the State to release the findings against him. It is a complete disgrace.
And where is the Attorney General, Graham Leung, in all of this? The supposed “new broom” in the AG’s Office whose broom has turned out to be as bereft of bristles as the hairs on the AG’s head. And where is the Fiji Law Society? Where are the calls from other NGOs for the law to be upheld?
Two weeks into what has all the makings of a constitutional crisis, there is silence. Why? Because presumably Barbara Malimali is a black Fijian and Christopher Pryde is a white New Zealander. Seriously. What other explanation can there be for this appalling injustice and the double standards that protect the Coalition’s supporters in supposedly independent offices of state that are anything but?
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The timeline so far. Monday, December 23. The President receives the Pryde report from Justice Tuilevuka and the other judges.
After eight days of total silence, Christopher Pryde writes to the President saying “where’s my judgment?”
When Christopher Pryde copies this letter to the media, the President responds almost instantly, not to Pryde but the media. But a week later, there is a deafening silence.
What the Constitution requires the President to do. It is unambiguous.
Mired in illegality, the State is showing distinct signs of being rotten to the core. And what does the RFMF Commander do? As he always does. Sits on his hands.
More photos of the meeting two weeks ago at which the President was given the bad news.
Look at him. A convicted criminal and alleged pedophile now defying the supreme law. And with not a care in the world because he, Temo and Rabuka have succeeded in the ultimate power play – State capture.
Today’s Fiji Times report as the Barbara Malimali inquiry begins its secret hearing with Barbara Malimali still the FICAC Commissioner. Unbelievable.
If this stupid Fijian government thinks that Pryde will resign and walk away in frustration, it’s never happening.
Pryde has made it abundantly clear he won’t be vacating his position and intends to return to serve out the tenure of his contract.
“Big tits” Malimalis days are numbered. Just like her nymphomaniac hairy stripper friend, she will probably be given the boot.
The government is currently in damage control so it can ensure it wins the next election. Sacrificing useless people such as Malimali and LT are worth the future returns.
What i can’t understand is why the Fijian government wasted so much time, money and effort for a Solomon islander like Barbara Malimali. Where in the world do PM’s waste their time on such low life foreigners.
GD, With all this going on , who is ruling the country? If enough MP’s side with the opposition and pass a vote of no confidence, can an early election be held? Or are we confined to more of the same for a couple more years?
A vote of ‘No Confidence’ is possible but given the makeup of the existing Parliament I think it would not be successful for the following:
The first step requires a vote of ‘No Confidence in the PM ( see s.94 of the Constitution) if that were achieved then there has to be 3 attempts by Parliament to elect a new PM (see s. 93) if after 3 votes no one has been elected as PM then the Speaker shall notify the President in writing of the inability of Parliament to appoint a Prime Minister, and the President shall, within 24 hours of the notification, dissolve Parliament and issue
writs for elections to take place in accordance with this Constitution.
The Government has a majority and it would require defections within the coalition to have any chance of being successful in attempting the first part (No Confidence in PM).
It may be that the current PM could lose the vote! I suppose the PAP could do a Coup d’état on its leader.
In which case it then moves to the election of a new PM and I would be astonished if no one was elected after 3 attempts. The retention of power coupled with self-preservation is a motive enough for someone to be elected to replace Rabuka.
As for the Opposition it is divided with 9 members actually willing to support the current Government as a consequence the chances of a vote being successful to a point where the President would be forced to call an election, in my view, is not possible.
I don’t see the current Parliament being willing to vote itself out of office. Power and perks would be lost.
As for the next election, given the current state of political parties, may see the PAP returned. The NFP and SODELPA have, in my view, damaged their standing with the electorate, Fiji First is no more and the other parties having aging leaders.
In summary, barring a Coup d’état, I see no change.
The RFMF Commander has betrayed the Constitution and the people of Fiji. He is meek, passive and pliant, and the wolves (Rabuka, Temo, Lalabalavu) now in charge of the hen house know it. Fiji is headed for total disaster.
@ Ratu Tevita
Are you asking the Commander to coup the Coalition government?
We dont want his goons back on the streets, especially with serial Human Rights abusers like Naliva, Rokoura and Tagivakatini returning soon from Australia to take up senior positions within the RFMF hierarchy
Be careful what you wish for.
Some people are saying we’ve already had the fifth coup with the capture of the state by the unholy triumvirate of Rabuka, Temo and Lalabalavu. If they are going to defy the law, what’s the difference between them and someone from the military?
These people think they are entitled to do what they want on the basis of winning government by one vote on the floor of the parliament on Christmas Eve 2022.
If they can’t keep within the law and especially if the current breakdown of service delivery and law and order continues, the potential consequences should be obvious. No-one wants a coup but neither do they want this chaos for another two years.
They need to step up and govern properly within the terms of the existing Constitution until it is changed by lawful means. And if they don’t, the lesson of history is that they are inviting the prospect of upheaval.
@Uluiqalau
No-one is asking for a coup. The Commander needs to exercise his constitutional authority and speak out in defence of the rule of the law and constitutionalism, which is being violated on the daily by the goons and convicts running the country: Lalabalavu, Rabuka and Temo.
As it stands, the Commander is abdicating his duty and the people of Fiji are very worried and in dire need of reassurance.
With respect the Commander’s authority rests within his ‘command’. Understand the definition before making wishes.
The Commander is not a law unto himself. He is anwerable to the Minister who is the elected representative.
If the people want reassurance they should go obtain from their elected reps, not unelected military officers who cant even navigate a ship through a tricky passage, or dock a ship without damaging it.
Lets give democracy a chance.
@Uluiqalau
Please kindly read your country’s own constitution. Tip: Section 131(2) is where you want to start.
I am perfectly aware of 131 (2). It does not authorise the RFMF to mount a military coup.
Even the military have demanded greater clarity on its role as it does not want to commit an act of treason which you are encouraging through your ignorance of the law and the current attitude of the RFMF leadership.
I repeat; be careful what you wish for.
Oh, please. Spare me your sanctimonious lectures. Your defence to the widespread violation of the constitution prevalent in Fiji at this very moment is a meek and naive “Let’s give democracy a chance.” Laughable.
When you are ready to pull your head out of the sand, you’ll see that Fiji’s democracy is in freefall because the elected representatives you so naively promote show contempt for the rule of law on a daily basis. They thumb their noses at the constitutional bounds they swore to uphold, bible in hand. You have conveniently avoided commenting on this.
As both GD and I have said, no-one wants a coup. You can choose to be intellectually dishonest and ignore those comments to advance an agenda. It’s your prerogative. But the Commander has already spoken out twice when the government overstepped its bonds – most notably when it tried to release Speight within a few months after taking office. He needs to do so again, before Rabuka and his thugs take us on a path of no return (some say we are already there).
It appears government is riddled with compromises and the compromised. So what confidence do we the people have in any of them ?
There is growing evidence of breakdown of trust between us the people and them the Government- PERIOD.
But the coalition, its appointees and enablers – their modus operandi is to do whatever it takes to keep them all in position/ office/ authority. It’s a power trip & grab and from what we have witnessed over the last 24 months the power grab comes with no accountability or standards, and if there are, it only applies to everyone else except themselves and their select inner circle.
As a result of observing this I can only conclude that the coalition is a government of double standards.
The shadows behind Rabuka and PAP who we can call advisers or traditional kingmakers … appear to all be In cahoots. Whatever these people in the shadows are doing it’s evident they are out of depth , out of touch and ill informed & not working in line with facts.
The evidence speaks for itself – the contradictions , walking back of decisions , half truths and justice delays to name a few .
We hear about power play and conversations both in Fiji and abroad by these shadowy figures / lobbyists/ loyalists who brag about their influence and ability to make calls and hire and fire people, even without having any formal role in Fiji. Yes believe it or not ! … and their children, cousins nieces and nephews insinuate the same as well…
Likened to the mafia movement .. or simply proving true that saying that “absolute power corrupts”.
In the meantime anyone who visits Fiji or lives in the country can visibly see the lack of civic pride, increased viciousness and crime as well as general appearance of thuggery all over our streets.
Ailing infrastructure from roads, water and hospitals. F $8 Million could have made a huge difference in the ailing basic needs and services throughout Fiji- like increase access to running water in taps 24hrs a day 7 days a week for all Fijians before any more sky rise buildings, hygienic clean hospitals and equipped medical services … but no the priorities of this Coalition Government have been elsewhere!
We need to remember that as we begin entering the 2 year residency period which is required for any candidate to stand for the next elections begins. Yes anyone currently living abroad who wants to stand for elections must head home now and be a resident in Fiji for at least 2 years before the campaign period even begins.
In the meantime the clueless PM struts around saying his unaware , not consulted, not in charge , not his call – for any matter of national interest that Fijians want answers to.
The situation is so unbelievable and every new development each week for the worse, is becoming a norm. One would wonder if there is a pandemic outbreak in Fiji called silliness and stupidity , that has wiped out not only sensibility , common sense but also moral consciousness & moral courage in Fiji ?
It’s a very sad state of play
And unfortunately if the PM and President have to continuously consult to make a final decision – then the million dollar question becomes who is really in charge ? Who is really calling the shots ?
Do they both ( President and PM) have the competency to comprehend and make decision’s based on facts and recommendations that are vetted and checked thoroughly before brought to their desks ? If their desks are the executive desks of national affairs one would assume by the time documents come to them for sign off things should be crystal clear right ?
And if they cannot who exactly is being consulted and are the discussions with these so called advisers minuted for public record keeping and accountability in the future ?
Things are looking very dark and very suspicious…
And well the military? god bless them – they can’t even look after physical brand new vessels gifted to them that their officers are also internationally trained for – so forget them ever being able to look after and safeguard the interests of us the Fijian people. They can’t even control officers from getting drunk on a maiden vessel voyage home to Fiji …. @&-#%
Who exactly is running the country ?
No one is.
There are just elected individuals sitting in positions of authority who do not know how to lead and apparently also don’t even know how to use the processes and arms of government to create meaningful momentum , meaningful change and meaningful results for us the people. Yes even 2 years into their roles !
In the corporate world they would be sacked …
When in government and ineffective- there are votes of no confidence and resignations .
What will we do Fiji ?
Stop whingeing like a frustrated housewife. Get off your arse and take to the streets in protest. You wont achive anything sitting around doing nothing.
“ In the corporate world they would be sacked …”.
Incorrect.
These buffoons would never make it into the corporate world, period ! Maybe in Fiji as a stooge in Motibhai’s Rolex watch counter but certainly not anywhere in the Western or Eastern world. What would they bring to the table, Governance? Ethics? Qualifications? Expertise? Perhaps Leadership, even Credentials?
Yeah nah.
Hope someone has given Milamila a nipple cover while she attends this hearing. Can’t have big tits on display.
The delay in communicating the Tribunal’s decision on Chris Pryde’s case is deeply concerning and unacceptable.
If the Tribunal has cleared Pryde, the President has no authority to overturn the decision, as his role is ceremonial. He is just a figurehead. This raises the question about the rationale behind the delay.
Is the president, in collaboration with Temo, Leung, and Rabuka, seeking ways to remove Pryde from his position?
If the President chooses to disregard the Tribunal’s decision and dismiss Pryde as DPP, what legal recourse exists? Can such a decision be challenged?
It is imperative that the President, as Executive, acts with fairness and professionally. Any deviation must not go unchallenged.
Watching the antics of the Fiji Govt and judiciary is like watching an episode of Shortland Street (with less integrity). It can’t be real.
Maybe I just need the oh so popular and available drugs to make sense of it.
@Uluiqalau
It is very unfortunate, but you have very much exposed your level of understanding of the 2013 Constitution.
Maybe you got the phobia with the word ‘coup’.
The commander has a responsibilty to ensure the constitution is not breached. He is the custodian and last recourse. The idea to make custodian of the constitution was smart. He has a responsibilty to make sure the constitution is followed. It does not allow him to carry out a military coup. That will be treason.
Currently his performance is worse than Rabuka. Instead of taking disciplinary action on his naval captains for damages, he is concerned about the welfare of 2000 coup makers.
People being poisoned, raped, killed in the villages and buried, bashed on the streets, bashed in their homes, burglary, animal theft, animal killing, farmers being harassed. Which world do you live in.
The PM would say ‘I am not aware of it, I don’t know, not my responsibilty’.
Police reaction would be ‘it is under investigation’.
What constitution? Is this government following it? How good is your honourable president sitting with the C Pryde’s verdict? How would you feel being treated like that in a foreign country?
In the last 2 years, most people have realised their 2022 voting mistake. That is being humane, to realise your mistake and correct yourself. But there a few like you who still believe at least Baimaan is in the govt in place of Aiyaz. Great achievement, congratulations.
Don’t worry Bai & Kai will never ever come back. You can sleep well.
God Bless Fiji!
Mark my word, nothing will change in Fiji.
The 26 members of former FFP sitting in the opposition are shut up.
Baimaan is working so hard that Rabuka can run the government with his 21 members.
You kaindias are still divided. Why blame the iTaukei. Rabuka does whatever he wants to do. He is doing so much for us in Vanua Levu, especially Macuata.
Why would we not be happy with him.
Rabuka said in 1987 that Indians should leave Fiji, go back to India. The clever kaindias left at first opportunity.
You were told that you were in perils, but chose to stay back. Bai & Kai fought hard to give you equal citizenary. They will never again be in Fiji parliament. Bainimara has got another case in July 2025. Rabuka has all his people in the right place. But Rabuka had the patience for the revenge. He knew people like Prof. Biman will be born in Fiji politics, indians always have traitors amongst themselves.
You vulagis are keyboard worriers with pseudo names. If there was a march in the Suva tomorrow, how many of you will be present.
In my opinion, PA will be more united and win with bigger majority. They will not need anyone to form a coaltition.
Feel sorry for you guys, but nothing will stop Rabuka.
I remember people saying the same thing about Qarase. But something usually pops up in Fiji to spoil the party.
What a mess Fiji is in.
Juki Kuku Fong has yesterday relayed that air crew must not drink or go out at night during a layover. What the hell is wrong with these men? Go and do your job that you are paid to do and keep Fiji safe.
No wonder women are raped effortlessly in Fiji by men now. Juki is so good at victim blaming. The useless shite.
What does one expect from our pedo president Charlie Chaplin. He is a comedian of the old style.
Except he is no longer funny like he was un the old days.
Isn’t it amazing, you lose an election, but second prize of Speaker and the President is even better. But you are still a loser
Booka asked Indians to go back to India in 1987 then in 2023 labelled those that did not flee “vulagis”
Why do Indians in Fiji expect to be treated with respect dignity fair play ?
Fiji is now close to a state of lawlessness /anarchy
No place for those who cherish self respect