More details are emerging of the circumstances of the FICAC Commissioner, Barbara Malimali, being sent on leave instead of being suspended, as requested by the Commission of Inquiry into her appointment. And they raise alarming questions about the integrity of the three people at the apex of the state – the President, Ratu Naiqama Lalabalavu, the Prime Minister, Sitiveni Rabuka, and the Chief Justice and head of the Judicial Services Commission, Salesi Temo.
We now have a startling allegation from the Counsel Assisting the Inquiry, Janet Mason, that Barbara Malimali has been “vetting” evidence given to the Commission by members of her staff – naked interference in a judicial inquiry and a blatant act of corruption by the supposedly independent officer of state in charge of the corruption watchdog.
The FICAC Commissioner herself casually dismisses the allegation when questioned about it by the Fiji Times, saying it is a free country and Janet Mason can say what she likes. But it is a grave allegation that goes to the heart of the integrity of the state. And is all the more reason why Barbara Malimali should have been suspended instead of being sent on leave as FICAC staff are called as witnesses at the Commission.
If Malimali is vetting the documents on which these witnesses are being questioned by the Commissioner, Justice David Ashton-Lewis, she is perverting the course of justice. And her conduct warrants the attention of the new Police Commissioner, Rusiate Tudravu, who has said that no-one is immune from his clutches and whose officers are already investigating the FICAC Commissioner. But there are also serious questions about the conduct of the Prime Minister, the President and the Chief Justice.
We’ve already reported the advice of the New Zealand Kings Counsel engaged by the Commission, Professor Philip Joseph, that the Prime Minister has the authority under both the Constitution and the Interpretation Act to advise the President to suspend Barbara Malimali. So why hasn’t it happened? Again, Janet Mason makes the following explosive allegation in today’s Fiji Times.
So let’s just get this straight. The Prime Minister DID ask for the FICAC Commissioner to be suspended but “somehow it ended up back with the JSC” and she was sent on leave instead. WTF? So the President ignored the request by the PM and took his advice from the rogue Chief Justice? “And this is the outcome we got”?
Philip Joseph KC couldn’t have been more explicit. It is the Prime Minister who has the authority to advise the President on Malimali’s suspension. Yet if this account is true, Ratu Naiqama Lalabalavu ignored him. And took the advice of a man who caused a Kings Counsel to be engaged in the first place because Salesi Temo was insisting – contrary to law – that he didn’t have the power to suspended Barbara Malimali.
FACT: Temo did have the power and chose not to. Then – if we are to accept Janet Mason’s account – the Chief Justice used his influence with the President to countermand the Prime Minister and get what he wanted – his original false advice that Malimali can’t be legally suspended endorsed by the Head of State and the FICAC Commissioner sent on leave instead. This sounds very much like obstruction of justice and another matter for the police.
The question is: Did the Prime Minister really recommend Barbara Malimali’s suspension in a letter to the President? Or did he, or those around him, make it known that he did so as a ruse to cover-up a conspiracy by the trio at the pinnacle of the state to keep the FICAC Commissioner in place to protect the Coalition’s interests? Because that is the other possibility in a situation in which transparency and accountability is completely absent and the Fijian people are treated like mushrooms – kept in the dark and fed bullshit.
We’ve previously referenced the old saying that a fish rots from the head. And there is a stench of something very rotten in the entire Barbara Malimali saga:
- First parachuted in over Francis Puleiwai to shut down FICAC investigations into a slew of government ministers.
- Then interfering with the Commission of Inquiry into the circumstances of her appointment by firing FICAC’s chief investigator, Kuliniasi Saumi, for recording a critical meeting
- And now reportedly vetting the evidence her own people will give to the Commission next week, with the suggestion that she is culling evidence that doesn’t suit her.
The grounds for Malimali’s suspension couldn’t be more compelling. Yet much more serious for the integrity of the state is the conduct in this affair of the President, Chief Justice and Prime Minister. Sitiveni Rabuka needs to come clean. Did he, in fact, write to the President asking for Barbara Malimali’s suspension? Was this countermanded by the Chief Justice? Did the President really ignore the Prime Minister and side with Justice Temo? No, Fiji, I wouldn’t have thought so either.
But one thing is certain. All this needs to be clarified for the stench to clear and integrity restored to the process. We need to see the Prime Minister’s letter to the President for proof that he really did seek Malimali’s suspension or whether this just another lie from the “Snake”. Because when someone who has not been suspended is allegedly actively interfering in a judicial inquiry, it just underlines the absolute necessity for her to be removed from the process as soon as possible. And before next week when these FICAC witnesses are scheduled to testify.
Memo Prime Minister: You have the authority. Why won’t you act? And if the Chief Justice really is getting in the way, get rid of him. Because the rule of law is again being subverted by a person who has already demonstrated that he is totally unfit to preside over the judiciary. Justice Temo should also have been suspended well before now. Because his refusal to obey the law that allows Barbara Malimali to be stood aside and the need to engage a foreigner to establish the true legal position is an unprecedented scandal in itself.
Justice Temo at first refused to acknowledge having the legal power to advise the President to suspend Barbara Malimali, Then when the Commission engaged Professor Joseph KC and he told Temo how to do his job, Temo just ignored it. And now we have a report that the Prime Minister advised the President to suspend Malimali and Temo has overridden that. The Chief Justice is now a clear and present danger to the integrity of the Commission itself. So not only must Barbara Malimali go, so must the Chief Justice.
Grubsheet went to the Fiji Times this morning and when we saw the headline “PM defends decision”, we immediately thought: “Oh, he’s going to defend the decision not to suspend Barbara Malimali”. No such luck. The PM’s resident handmaiden at the FT, Cheerieann Wilson, doesn’t even ask the question. Instead the angle she takes is whether the Commission of Inquiry ought to have been set up in the first place, raising the absurd issue of cost.
Hey Cheerieann, how much is the integrity of the state and our institutions worth? Once more, the Prime Minister’s former media advisor simply cannot hide her bias, which also screams from the pages of her weekly free kick for Sitiveni Rabuka in the election lead-up, courtesy of her hopelessly-compromised bosses from Ba.
The Prime Minister ventures the preposterous notion that the Commission of Inquiry isn’t about Barbara Malimali when the rest of the paper’s coverage of the COI is about nothing else. But he is right about one thing. This was always an inquiry into the circumstances of her appointment, which includes the conduct of those protecting her. And suddenly the Prime Minister, the Chief Justice and the President have some very serious questions to answer.
But the real “smoking gun” story is on Page 3.
What precisely transpired for the President – being installed here yesterday as Chancellor of the Order of Fiji – to allegedly ignore the advice of the Prime Minister to suspend Barbara Malimali and take his advice from the rogue Chief Justice?
Did the Prime Minister really advise the President to suspend Malimali, which is what Janet Mason and Justice David Ashton-Lewis have been told?
In the absence of an explanation thus far, what’s your gut feeling, Fiji?
And the final word from a sensible writer of another sort.
UPDATE SUNDAY AM:
The shocking bias of the Fiji Times and Sitiveni Rabuka’s resident handmaiden, Cheerieann Wilson, continues with a nasty front page piece today about “remnants of the previous government” in the civil service and their alleged influence on the Coalition’s ability to deliver its program.
There has already been a purge of the civil service and offices of state over the past two years – including a form of workplace ethnic cleansing to propel iTaukei into positions of influence. But of course, it hasn’t made a jot of difference to standards of service delivery, which by general consensus are worse than they ever were under FijiFirst.
Now the Coalition’s cheerleaders like Cheerieann – the Prime Minister’s former media advisor turned government propagandist at the Fiji Times – are looking for scapegoats. And Wilson engineers a grubby little story asking the Prime Minister to address her trumped up “concerns” about sabotage from within. (No-one is specifically quoted as sharing those “concerns”. Not even unnamed sources)
There is no recognition of the time-honoured tradition that civil servants are independent – literally servants of the people who are specifically required to serve the government of the day. No, you were with “them”, not with “us”. And we want you out.
Rabuka, of course, rules out a further purge when there has already been a two-year purge but refers ominously to ” pet boys and girls of the FFP government”. What about the “girl” in front of you asking the questions. PM? Your own “pet”? You took her straight out of the People’s Alliance into your own office and now she’s at the Fiji Times corruptly doing your journalistic bidding.
These people don’t do irony but the point is that governments come and go and one day, Prime Minister, yours will be gone. And this finger pointing at individual civil servants not only destabilises the civil service as a whole and fuels an atmosphere of suspicion. It ensures that the first action of whatever government follows will be to remove your own “pet boys and girls”, further undermine the principle of an independent civil service and further degrade the provision of services to the Fijian people.
Publicly playing down the prospect of a further purge will only increase the current atmosphere of fear and apprehension in civil service ranks. Which throttles initiative and decision-making and is propelling the best and brightest who survived under Aiyaz Sayed-Khaiyum towards the exits – of the civil service and the country. (One of the best, who deserves to remain nameless, is back in Fiji working for a foreign government)
Once again, change not for the better but for the worse.
“I stand alone at the moment of decision-making”. WTF do I do now?”
Asking the hard and right questions is not the forte of the Fiji media, as we have come to learn. I recall reading somewhere that to celebrate their new-found freedoms, the Fiji media plans to host an awards night and to introduce a hall of fame for journalists.
No doubt the self-styled doyens of the Fiji media like Stanley Simpson, Vijay Narayan, Fred Wesley and of course Cherieanne Wilson will end up with some of the awards and be inducted into the Hall of Fame.
It will be more a reflection of the pathetic standards of the Fiji media then any indication of excellence. As someone mentioned, Fiji’s national media are a national disgrace because of the pathetic leadership of the senior journalists, who are mediocre at best.
Hall of fame. Ha ha ha!
Apt, accurate, descriptive name: Hall of Shame.
The fact that mirrors don’t talk, and luckily for these “journalists” don’t laugh either, should not be taken as an endorsement of brilliance.
I refuse to join any club that would have me as a member.
–Groucho Marx
Graham, the “drip drip” information being leaked by either side is damaging the integrity and credibility of this CoI. Meanwhile, the CoI has a judicial function and the Commissioner, Justice Ashton-Lewis ought to exercise his judicial authority by issuing a public statement suggesting they are unable to conduct this CoI in good faith because of Malimali’s/government’s interference. I suspect only then a backlash against the government might emerge.
Frankly, my prediction for the outcome of this fact finding inquiry is that it will probably end up as a damp squib.
When all this is s*it show is happening at the core of Judiciary in Fiji, let’s also draw some attention to people like Cheerieann Wilson, Fiji Times editor or whatever she does there. People like Cheerieann Wilson are the enablers for corrupt leadership while there job is to do totally opposite. They get this entitled positions and perks and are expected to do the right thing for the ordinary people of Fiji but in turn they start pleasing the politicians and the effect is on ordinary Fijians who fall under the corrupt leadership and undemocratic governance.
Cheerieann Wilson You are the enabler and appeaser of corruption. The effect of your actions will have longer lasting effects on Fiji and Fijians. We won’t forgive and forget you and the damage you doing to our country. Cheerieann Wilson Needs to be called out more publicly for supporting and enabling a corrupt government where judiciary and common citizen is under attack. Shame on you! I hope you read this.
Hall of fame for our Fijian journalists? Hall of shit is more appropriate.
And as for Temo, Rabuka and Ratu Naiqama, they deserve to rot in hell.
You complaining to GD when he is exactly the same or even worse than Wilson. GD was an enabler to an illegal regime. At least Wilson is writing about a democratically elected Govt.
I assisted that “illegal regime” to return to parliamentary rule and genuine democracy of equal votes of equal value for the first time in Fijian political history. And I make no apology for that.
May I remind you that FijiFirst won by a landslide in 2014 on the platform of a common and equal citizenry and a common identity. Whereas this government gained power on the slimmest of possible margins – one vote on the floor of the parliament – and thinks it has a mandate to role back that agenda.
It does not. So bugger off.
Media Hall of Fame?
You gotta be kidding.
Hall of Shame would be more appropriate. And whilst the sham show is on, they should also hang the pics of the corrupt President, PM, CJ, AG, SG, Barbs & Rabuku.
Banana Republic mentality and morality. Our founding fathers must be turning in their graves. Shame on this government and its corrupt leadership.
Let’s not forget that Tudravu is also Rabuka’s lapdog.
As the title states, it’s not only the fish rotting from the head in Fiji but rotten fish are being actively made the heads of Fijian institutions.
The vast majority of the people of Fiji love having a well greased sex toy shoved up their behinds. Can’t you see the grin on their faces?
Ratu Naiqama was only recently (post-Presidency) awarded the RFMF Meritorious Service Medal (MSD) which is awarded to regular Army officers after 15 years meritorious service.
He has never served in the military (RFMF) and was given a jail sentence for leading ethno-nationalist rebels in an attack against the Labasa Army base.
Now they have given him this prestigious military award for which he is not qualified for, nor is he deserving.
The Rabuka government knows that the President will ceremonially open Parliament next week but are embarrassed that he will rock up ito inspect those guard of honour members in military uniform with NO MEDALS !!
It’s an attempt by Rabuka to dress up a convicted criminal and pedo to make him acceptable to the people,
God bless Fiji.
They all play dress up at the RFMF.
Seen their medals and shiny boots?
Thats all that they do.
3200 army soldiers.
Now look at the nurses in the country.
I heard the numbers have dwindled from 3200 to 1700.
Grubby uniforms.
No extra pay.
No medals.
We know which bastards we value more in this country.
Bula GD,
Incisive reporting by you as always and wish journalism Fiji could engage you to coach the current crop of biased and self serving media reporters they have.
This said, I think it’s time to switch focus from them and the others that you have been exposing and apply the blowtorch to the person responsible for all this and that’s the PM. He’s the boss of the government and he can and should address/rectify/ resolve all the wrongs of the country. Isn’t this exactly what the people voted for him into office for?
And if he’s being hampered by power brokers from within then it’s pretty simple- dissolve the parliament and call for fresh elections and at the same time, get rid of the backroom power plays/ players.
I think it’s high time that he stops hoodwinking the nation and do the job any PM would be expected to do .
Yeah, not much love going around now.
There is nothing better than awarding each other medals and titles especially if your achievemnt is being a pedo and being presented by a spastic Chief Santa Claus.
I am embarrassed, but I guess they are thrilled!!!
I feel despair and am ashamed for my country.
History has documented both your disgusting, dishonest lives and both of you will have your day!
I have a doubt that the report of the COI will be taken seriously by the government. There have been more than enough allegations against Barbara for her to be arrested, but again the DPP is also a chosen person.
It is now time that a strong statement relating to this saga must come from the RFMF Commander as he is supposed to be the custodian of the Constitution and the law of the land.
Interesting week(s) ahead, but we await a statement from the Commander.
@ Mukesh Chand
re strong statement from Commander.
Don’t hold your breath bro! It will not happen.
Cheereianne (or however her name is spelled) is a joke! We all saw her inability to critically examine issues during her time at Fiji One. She’s one of those reporters who hang around the proverbial office fax machine waiting for the 10 am presser to meet her story targets. That she’s now in Rabuka’s Laveliga Squad surprised no one.
Regarding the Sunday Update:-
Rabuka, a man with an addled brain, talking about his “thought process” is ironic, to say the least.
Another Punja is allegedly arrested at Denarau for drugs.
Punjas are good gifting kings for Fiji Police rugby jersey.
Now we know why.
All the same lot.
The plot thickens.
We must respect the principle that the accused are innocent until proven guilty. But, yes, the drug trade is another stench that can no longer be ignored.
Is that Cheerianne Wilson in the photo. Doesn’t look like her. Looks like a vulagi. The fish is really rotting in this heat. There has been mention of 90k paid to Waqanaika and 20 containers of ore being shipped to China to test for gold in a statement by Fiji labor party. And there was Manoa giving 1.5 million worth of clothes to school children. It’s all getting ridiculous and out of control every day. What news will this coming week bring.
How do these numbskulls think they are smart enough to run a nation? Do they not know how dumb everyone sees they are?
To insinuate that it’s Willy Nilly is preposterous. We are talking about MaliMali.
Very disappointing and weak and corrupted reporting by Cheerieann Wilson.
Another one who sold their soul to the devil.
GD
The game Rabuka is playing
1. He pretends and makes the public believe that everything he does is legal
2. He is doing above to protect himself from going to prison when new government comes in
This way he is smarter than Bainimarama who was imprisoned
Instead of a snake, the PM now looks more and more like a lizard.
The end must be near.
The hostile take over of the government and other branches of democratic institutions of Fijian society is clearly on show here. Class and competence have no place anymore. In its place we have ignorant fools damaging whatever is left of our floundering democracy.
And sad fact is that the nationalist times are going to mean that it will take a huge revolt from I- Taukei’s for this kakocracy of a government to be kicked out. Will they do that? I doubt it. Sadly this government will stay in power and destroy whatever is left because this bunch couldn’t organise a neighbourhood BBQ without looking like fools and idiots. Fiji is doomed. At every possible juncture we see them stumbling while they only care about lining up their pockets rather than governing competently for Fijians.