We now have a stand-off in the judiciary as the Chief Justice and head of the Judicial Services Commission, Salesi Temo, digs in to refuse the request by Justice David Ashton-Lewis of the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner to suspend Malimali after she fired one of his witnesses.
Salesi Temo says he doesn’t have the power to remove Barbara Malimali because the Constitution doesn’t have a specific provision for removing a FICAC Commissioner. Not so, says Justice Ashton- Lewis. It does have a specific provision for appointing a FICAC Commissioner – the JSC. So the hand that giveth can also taketh away. The appointing body lawfully has the power of removal.
Indeed, Section 44 of the Interpretation Act specifically states that a power to appoint comes with it the power to “remove, dismiss or revoke” the appointment of “any person appointed in the exercise of the power” to appoint.
It is incredible that Salesi Temo – the man at the pinnacle of the judiciary in Fiji – doesn’t know the law. And presumably neither does the convicted drink-driver who advises him – the Chief Registrar, Tomasi Bainivalu. Nor, it seems, the Attorney General and chief legal advisor to the government, Graham Leung. Or is he part of what very much appears to be a conspiracy involving all three?
How this plays out will reveal itself over the coming days, just as we are about to find out the outcome of Salesi Temo’s attempt to thwart the reinstatement of Christopher Pryde as DPP by again threatening to suspend him on trumped-up charges of misbehaviour.
Never mind that the exoneration of Pryde by three High Court judges and a presidential order are meant to see him back at work on Monday. Salesi Temo is as determined to keep Christopher Pryde out as much as he is to keep Barbara Malimali in.
Why? Because he cannot control Christopher Pryde once Pryde is back as DPP. And working with the new Police Commissioner, Rusiate Tudravu, Pryde will examine the upcoming police case against Malimali for sacking her chief investigator, Kuliasi Saumi, strictly on its merits. He will prosecute the FICAC Commissioner if there is a reasonable chance of securing a conviction and whether the prosecution is in the public interest – the basis of any prosecution. And that is not in Salesi Temo’s interests at all.
It doesn’t take a genius to work out that the Chief Justice is refusing the request by Justice David Ashton Lewis to suspend Barbara Malimali because he wants her in place at FICAC when Christopher Pryde returns to charge him with abuse of office on the recently recycled complaints of financial misconduct laid by the then acting DPP, Nancy Tikoisuva.
Combined with Salesi Temo again suspending Christopher Pryde on the same complaint – yes, the same recycled, trumped up charges the Pryde Tribunal judges rejected – that would be the end of the DPP. And guess who would then decide the police case against Barbara Malimali when it hits the ODPP? Yep. Her old friends, Nancy Tikoisuva and John Rabuku. Problem solved.
Again it doesn’t take a genius to work out why Salesi Temo is resisting Barbara Malimali’s suspension. He is protecting her to keep her in place at all costs so that the rest of his agenda goes smoothly – Christopher Pryde removed as DPP, Nancy and John back in charge to protect Barbara Malimali and all of them acting in concert to protect a slew of government ministers, most notably Biman Prasad.
The State – through Salesi Temo and his handpicked FICAC appointment who isn’t a “fit and proper person” to even practice in Tuvalu and his handpicked party-lovers at the ODPP – has captured the two supposedly independent offices responsible for prosecuting wrongdoing in Fiji with the intention of controlling them. And if that’s not corruption, what is?
The sole impediment to a complete takeover is an independent DPP in the form of Christopher Pryde. And of course, his fellow standard-bearer for justice, Justice David Ashton-Lewis, at the Malimali Commission of Inquiry.
How is this going to end? Stay tuned…
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We live in a parallel universe in Fiji, judging from the headlines of today’s dailies.
This is the Fiji Times:
And this is the Fiji Sun:
Head hurt? Even Uncle Colin (Deoki) smells a rat. Though the Fiji Times has relegated a letter that would normally be on its main letter’s page to Page 28.
Now the main stories in detail. First the Fiji Times.
And the Fiji Sun:
The Fiji Times launches a new series today in which the Prime Minister’s former media advisor, Cheerieann Wilson, questions him on subjects raised by the public, including letter writers to the supposed newspaper of record.
There are three pages of subservient drivel that I will spare my own readers. Needless to say, there is not a word about the Malimali Commission of Inquiry or the events at the ODPP.
But we do get something of an answer on the fate of Lynda Tabuya in advance of the formal party decision on her future over her infamous pornographic nude video.
Ain’t this government grand? And then there is this gem about Frank and Aiyaz…
“How fair this government is”?
As I said yesterday: Pass the sick bag, Siti.
POSTSCRIPT:
It is not only incredible that the Chief Justice doesn’t know the law. The calibre of the people he wants in the principal offices of state that prosecute wrongdoing is equally incredible.
At the ODPP…
And at FICAC:
The fools have even given up on maintaining the perception of credibility to international eyes watching this situation.
That’s what happens when hyper fixation on one’s own interests and/or revenge blocks reality and rationality from entering the brain.
Total shambles! The continuing saga has reached the point of no return. There appears to be a total lack of accountability from those erstwhile judicial office holders, including the prime minister, his cabinet ministers, the opposition party members and the military – they are all in cahoots with each other whilst enjoying the trappings of the power and the gravy train that goes with it. Not a single one of them are prepared to challenge and to rock the boat while the judiciary has become a laughingstock.
Clearly it’s time for a peaceful revolution by the people.
Please organise the ‘peaceful revolution’ you calling for. Let us know the date, time and place and we will be there.
We need fearless people like you who are willing to walk the talk.
House of cards on sandy ground can’t stand for long.
Banana politics at its best
With the usual excuse – playing ignorance on everything.
Any person who is a critical thinker does not bother to read the media rubbish in Fiji. Only the ignorant and easily influenced which unfortunately a large number of Fijians do. GD you are doing great work.
That’s what happens when you have bush lawyers in every significant legal position under this incompetent and corrupt government
Flooding in the west seems as bad as it was 40 years ago, medical care in hospitals much worse, academic results in public schools dismal. Why? Lack of a working government and diversion of necessary funds to boost salaries of the corrupt Entitled Elite – the iTaukei politicians.
Karma is a bitch ,Rambo with his one leg in the hole trying to project himself as a reformed man seeking forgiveness. He will burn in hell ,however he will suffer on this earth before his day of reckoning.
His actions have hurt a lot of people since 1987, the atrocities on the Indo Fijians was beyond comprehension, the brain drain unprecedented.
So true Koro Boy , ditto that, this coming from i taukei person , I have seen some of my best Indo Fijian friends and family suffer , leave the country for better life overseas where their contribution is not only respected but they get a fair chance.
Fiji lost some of its best talents and the brain drain will continue.
Absolute power corrupts absolutely.
We “walk the talk” peacefully at the polls. Period.
How can Baimaan Prasad keep a straight face and remain quiet with all that is happening around him. It is probably because he helped create this mess and cannot admit to his mistake.
He became aware of his mistake very early on in the piece but has remained silent and continued to fill his pocket and enjoy the glory of his office.
Shameless c*nt in my opinion. And I am sure he will deserve what is coming his way….sooner than anyone thinks.
Malimali was appointed by God just as the PM, Turaga and the CJ. Only God can remove them.