The David Ashton-Lewis Commission of Inquiry Report into the Barbara Malimali affair is a searing indictment of how the Coalition government has degraded Fiji’s institutions of state during its two-and-a half years in power. And it simply isn’t an option for the scandalous conduct it has exposed to be covered up and for it to be business as usual.
You can read the Judge’s ruling on possible offences committed by those against whom he has made adverse findings in our previous article. But the truly shocking aspect is that it is not just one or two individuals. The alleged wrongdoing extends across the cream of the political, judicial and legal establishment and includes:
- The Chief Justice, Salesi Temo,
- The Chief Registrar, Tomasi Bainivalu,
- The now sacked Attorney General, Graham Leung,
- The Deputy DPP, John Rabuku, and the Acting DPP, Nancy Tikoisuva,
- Barbara Malimali herself.
- The Deputy Prime Ministers, Manoa Kamikamica and Biman Prasad,
- The Minister for Justice, Siromi Turaga,
- The Solicitor General, Ropate Green Lomavatu,
- plus a brace of senior lawyers including the President of the Fiji Law Society, Wylie Clarke.
All these figures face further investigation and the possibility of charges being laid against them. But their positions are already untenable and in the case of the senior politicians and senior officers of state, the public interest demands that they be stood aside while those investigations continue. Because there is ample evidence that individuals have been using their official positions to protect their friends and associates as well as engaging in alleged wrongdoing themselves.
The Executive Summary of the COI Report – the brief overview that generally accompanies official reports – is just seven paragraphs long. But they are among the most damning and devastating paragraphs ever to appear in an official document in Fiji.
We’ll be examining the findings in detail in the coming days, But the Prime Minister has no choice but to act decisively for there to be any public confidence at all in his government and our most important institutions.
The individuals cited in the COI Report must voluntarily step aside while investigations continue and if they refuse to do so, they must be suspended. And certain heads such as that of the Chief Justice must roll and roll now.
(Pick up the possible offences committed and Justice Ashton Lewis’s recommendations in our previous article.)
A story too big for the local mainstream media to ignore, though Wednesday’s Fiji Times ignores the most sensational findings in yet another indication of its chronic timidity and corruption.
The innate wisdom of the common man.
I sit here in the comfort of my home, appalled and on the verge of vomiting just reading through what’s been released of this report. We wasted millions on supposedly incompetence to be made public?
These so called senior lawyers, judiciary who sit on the bench, especially those who lecture vulnerable people who commit crimes or fresh lawyers, could be so dumb at law.
Due diligence wasn’t done from the start. I fear what sort of legal issues would come to light if the judgements and rulings were audited (for being legally accurate).
JSC had stated that Malimali was chosen from some form of test that they had applicants do. Yet, senior and better lawyers were not given the post?
It’s about time those sitting in these bodies be held financially responsible for their screw ups. Tax payers shouldn’t be paying for this. CJ and AG (Leung) took to the media to tarnish the former FICAC Acting Commissioners image as being affected due to not being selected. It’d be great to see her file defamatory cases against these people.
Why on Earth did Lynda need Forwood’s details from Elections office? Who else’s data has been leaked to a third party?
There are so many questions running through my head. Fiji needs someone with true passion and principles to fix this.
I can confidently say immigration Australia and NZ do a far better job at screening people than the so called experts we have in Fiji for the top jobs.
GD
Many thanks for publishing the CoI findings. Having read the report, it seems that Biman Prasad at para. 73 has several “free standing” charges laid against him by the previous FICAC administration. Those charges against him are presumably active but were rescinded arbitrarily by Malimali (for her own unknown reasons)! As Malimali is under suspension therefore all her previous actions in making decisions or having issued judgements as the FICAC Commissioner are revoked and expected for reviews by an independent panel of experts or person(s).
The rest of the gang of the iTaukeis (including Clarke) are implicated by virtue of their roles in pre-and-post appointment of Malimali as the FICAC Commissioner. Meanwhile, for the life of me, I fail to understand why the “lot” are not suspended or
not stood down pending further investigations against them, individually or collectively. Because their standings in the legal fraternity has been tainted (or totally destroyed) by the fact sensitive fact finding against each of them them in the CoI Report.
Rather sad to reflect that the previous Prime Minister has served prison time for lesser
known offence than the current bunch of misfits, including the Chief Law maker, Temo, who is facing multiple charges, but continues to pursue in his role of the Chief Justice, shame on him.
I note that none of the evidence used in COI could be used against all implicated thus a fresh police investigation is the only recourse. There appears to be lot of evidentiary issues that needs to investigated. I feel the COI report being prematurely released will affect the due process of law.
Surely, under the circumstances and the clear evidence that Temo is going to be removed when investigations are completed and he is formally charged, this must clear the way for Christopher Pryde’s return to Fiji and his ability to move back into his position.
Now that the findings of the Commission are out there it is impossible that any of those implicated can carry on, as normal until fully investigated, charged and found either guilty or innocent.
These individuals should voluntarily step aside or be forced to, until they are either sentenced or exonerated and cannot carry on in the positions they hold.
Anything less would add insult to injury regarding this sorry saga.
Integrity was lost the day Biman and Rabuka formed government. The day Richard Naidu seeped into the budget committee. The day friends and relatives were being hired over meritorious candidates for government jobs.
Fiji is rotting to the core. Dogla Biman n Snake Rabuka are sucking the blood of poor Fijians and systematically destroying the independence of many institutions.
It is being done in such a way that Fijians are now desensitized to shit. Many are too dumb to understand whats happening and those who understand are too tired to give a shit.
This is beyond disappointing—it’s a national disgrace.
As a Fijian, I’m appalled at the scale of corruption and collusion exposed in this report. When those entrusted with upholding justice and governance are implicated in protecting each other, what confidence can the public have in our institutions?
We cannot go on like this.
If there’s any decency left among those named, they should step down immediately. But waiting for voluntary resignations isn’t enough. The Prime Minister must act—not just to suspend individuals, but to restore public trust.
Under Section 59(2)(b) of the 2013 Fiji Constitution, the PM can advise the President to dissolve Parliament and call for fresh elections. That step is lawful—and in the current crisis, entirely justified. The people deserve a chance to reset the course of leadership in this country.
Fiji needs new leadership, not just reshuffling. We need accountability, integrity, and hope. Let the people decide.
I absolutely agree that nothing less than dissolution of Parliament and a fresh election is the only way forward for any PM with integrity.
Sadly I think Rabuka is busy strategising his way through this to keep up his own appearance’s and power. He doesn’t care about Fiji or integrity.
Thank you for sharing this with your readers. It is unfortunate that it takes people outside of government to share this as PM and President appear to have no courage of conviction.
Is this report showing a glimpse of Fiji’s future which is for itaukei only? By this mean all professional white collar jobs, education support to get good qualifications and higher office for public service for itaukei only for it to operate like a pol pot regime?
It’s utterly a disgrace and what a sham ! I echo the question someone asked above . Why did Lynda Tabuya want Alex Forwood’s details ? Is she the culprit using fake profiles online to attack individuals? Did she want to complain against her to the Australian Police and Immigration like she’s done to many of her fellow parliamentarians?
It’s very unnerving to see PAP and NFP Ministers embroiled in this sorry saga intricately!! And they bring shame and disrepute to the Government.
Sa vakamadua dina ka vakasisila nomudou matanitu Rabuka! The fish indeed rots from the head !! Please resign all of you and let’s have fresh elections ! Keimami sa vakaloloma na mai bullytaki!!