# A MAJOR SCANDAL BREWS AS THE ODPP REFUSES TO ACTION POLICE INVESTIGATIONS ARISING FROM THE COI (UPDATED MON AM)

Why is the Acting DPP, Nancy Tikoisuva, sitting on 12 files containing recommendations from the police about who should be charged and tried arising from the revelations unmasked by the Ashton-Lewis Commission of Inquiry into the Malimali affair?

It is inconceivable that none of the dozen police “dockets” meets the traditional standard of a prosecution only proceeding if there is a likelihood of securing a conviction and whether it is in the public interest. So what on earth is going on?

It’s a question the Police Commissioner, Rusiate Tudravu, will be asking Nancy Tikoisuva when he meets with her and her team “soon” – according to his public statement below – which could be as early as tomorrow (Monday). And it’s a question that ought to be on the lips of every Fijian as it becomes clear that a major scandal is brewing as the ODPP – with the encouragement of its puppet-master, the Chief Justice, Salesi Temo – tries to derail the Ashton-Lewis Commission of Inquiry altogether.

It beggars belief that the Solicitor General, the lamentable Ropate Green Lomavatu, can get away with telling the Fijian mainstream media that a settlement over the CoI has been reached between the State and the Judicial Services Commission – headed by Temo – but some aspects of that settlement “are to be confidential”. (see below)

Pardon? Since when has a government been allowed to settle anything with the two principals of the JSC – the Chief Justice and the Chief Registrar, Tomasi Bainivalu – when both of them received adverse findings in the CoI of having allegedly obstructed and perverted the course of justice?

In any other jurisdiction, they would have been immediately suspended and as the Constitution stipulates, put before tribunals of three judges to establish their guilt or innocence. But not in Sitiveni Rabuka‘s Fiji, where they continue to preside over the criminal justice system when they have been accused of grave criminal conduct themselves.

What is in the settlement between them and the Acting Attorney General, Siromi Turaga, on behalf of the state that requires it to be kept secret? Is the Ashton-Lewis Commission of Inquiry – which has reportedly cost close to $4-million – to be junked as if it never happened? Are the “crocodiles in the pond” that the Prime Minister, Sitiveni Rabuka, asked Justice David Ashton-Lewis to identify simply going to be allowed to swim away?

It sure looks like it judging from the cloud of secrecy that has descended on the whole sorry affair, with some of the principals hiding behind the excuse that the matter is before the courts in the hearing being conducted by Justice Dane Tuiqereqere and is therefore sub-judice and cannot be canvassed in public.

Nonsense. For once, the Prime Minister needs to tell the nation the truth. Is he still intending to implement the recommendations of the Ashton-Lewis Commission of Inquiry? Or is it dead in the water because it uncovered evidence of wrongdoing that doesn’t suit the establishment and is being throttled?

Sitiveni Rabuka needs to be very careful. He continues to refuse to advise the President, Ratu Naiqama Lalabalavu, to suspend Salesi Temo as Chief Justice even though it is his constitutional duty to do so after a Supreme Court Commission of Inquiry accused Temo of obstructing and perverting the course of justice and perjury – lying under oath about what happened when he instructed Tomasi Bainivalu to inform the then FICAC chief, Francis Puleiwai, that no charge she laid would be heard by any court in Fiji. ( We’ve repeated the details in our article yesterday naming Puleiwai as our Fijian of the Year for refusing to accept this outrage).

Rabuka must understand that doing his duty under the supreme law isn’t optional. He has no other choice than to comply. Because if he doesn’t, he is leaving himself open to a charge of criminal conspiracy – of conspiring with the President and the Chief Justice to obstruct and pervert the course of justice.

He may be safe for now because he is in government with a big majority, courtesy of those former FijiFirst MPs he bought off with ministerial salaries and the baubles of office. But an election looms that Rabuka has no guarantee of winning. And we can be sure that any other incoming government will throw the book at Rabuka and his rabble, just as he has thrown the book at Frank Bainimarama and Aiyaz Sayed-Khaiyum.

Like them, the Prime Minister could be looking at jail time and so could the President and the Chief Justice. So unless he wants to have that hanging over his head, he better start complying with the Constitution or else. Think I’m exaggerating? Well some powerful forces are already being marshaled.

When the Police Commissioner, Rusiate Tudravu, goes to see the Acting DPP, Nancy Tikoisuva, he will be doing so with the support of the RFMF Commander, Major General Ro Jone Kalouniwai. The fact that Tudravu has publicised their forthcoming meeting is significant in itself because these things usually take place behind the scenes. But we have a public clue about the extent of Tudravu’s frustration when he says that none of the police investigations into matters arising from the CoI can proceed without the consent of the Acting DPP.

Grubsheet understands that Tudravu will be asking Nancy Tikoisuva why none of the police files have been actioned. Why no-one has been charged and the cases brought to court. Yes, all 12 of them. And Tikoisuva better have a good answer because she is also leaving herself open to a stretch in the slammer unless she does her own job without fear or favour.

Nancy needs to understand that the questions she will be asked are not just questions from the Police Commissioner. Because suddenly the RFMF Commander is taking a very keen interest in what is going on in line with his own duty to fulfill his constitutional obligations. He also has the entire military establishment behind him in ensuring that the Ashton-Lewis CoI isn’t swept under the carpet and that the “crocodiles” it has identified are brought to account.

Whether Major General Kalouniwai is being prodded into action by his Brigadier General in the West, Manoa Gadai, is neither here nor there. On this issue – Grubsheet understands – Kalouniwai and Gadai are on the same page. And are determined to support the Police Commissioner in ensuring that any wrongdoers are brought to account. That due process must occur and the rule of law respected. No ifs, buts or maybes. So at the risk of sounding too gung-ho, Nancy Tikoisuva and her patrons in the JSC had better watch out.

Why would party girl Nancy be dragging her feet? Simple. She doesn’t fart without the permission of Salesi Temo, who put her there and is keeping the substantive DPP, Christopher Pryde, at bay so Nancy can do his bidding. The fact is that Temo is in mortal danger from the Ashton-Lewis findings and is fighting like a scalded cat behind the scenes to remain as Chief Justice, whatever the supreme law says.

This includes replacing Lavi Rokoika as Acting Commissioner of FICAC by advertising the substantive position on the false narrative that it is the JSC – Temo – who chooses who should head the corruption watchdog, not the Prime Minister.

Wrong. Rabuka has an opinion from New Zealand’s foremost constitutional expert, Philip Joseph KC (Kings Counsel), that it is he, not Temo, who is entitled to advise the President on the choice of FICAC head and whether they should be removed. Rabuka listened to Philip Joseph when he removed Barbara Malimali. Will he now use the Joseph opinion to face down Salesi Temo? For his own good, he would be well advised to do so.

For the moment, the inaction from the ODPP is the most pressing issue, with the distinct prospect that Temo has told Nancy Tikoisuva to go slow on the police files or block them altogether until he can dispense with the CoI and Justice David Ashton Lewis altogether. So here’s what we have gleaned about some of what Nancy Tikoisuva is sitting on:

1/ A police recommendation that Barbara Malimali be charged and tried for criminal conduct and abuse of office, including having hired Tanya Waqanika on the public purse to defend her and thereby accepting a corrupt benefit.

2/ That the President of the Fiji Law Society, Wylie Clarke – who assembled the posse that intimidated Francis Puleiwai on September 5, 2024 – be charged and tried for attempting to pervert the course of justice.

3/ That the convicted drink-driver and Chief Registrar, Tomasi Bainivalu – who conveyed Salesi Temo’s threat to Puleiwai (details in our previous article)- be charged and tried for also attempting to pervert the course of justice and abuse of office.

We’re not certain if there is any recommendation relating to Salesi Temo himself but it would be up to three High Court judges whether he is guilty of perjury and obstructing and perverting the course of justice. IF Sitiveni Rabuka finally does his duty, complies with the Constitution and suspends the Chief Justice.

What is likely to be the response of Nancy Tikoisuva and her “Crooning Stallion”, Deputy DPP John Rabuku, to the representations the Police Commissioner will be making to them with the backing of the RFMF Commander? We shall see. But they too are looking down the barrel of lengthy jail sentences for perverting the course of justice in the event of a change of government at the coming election.

Nancy and John also need to understand something else. The substantive DPP is still the self-exiled Christopher Pryde. And it is open to the Police Commissioner – with whom Pryde has always had a good relationship – to send him the 12 files Nancy is sitting on for a “second opinion” and proper independent assessment.

All this is being hidden from the Fijian people by a gormless mainstream media that is either complicit or fearful of what the Chief Justice might do when he is so cornered and desperate. But it is certainly time for Inia Seruiratu and the rest of the remaining Opposition to rattle the cage, using parliamentary privilege if necessary. Because the integrity of the state is now very much threatened and anyone who genuinely cares about Fiji – including Jone Kalouniwai, Manoa Gadai and Rusiate Tudravu – knows it.

Sitiveni Rabuka has just enough time to save himself. But if he doesn’t deal with the crocodiles, he risks being devoured by the law himself when he loses office and the prospect of joining his predecessor, Frank Bainimarama, behind bars. And if he thinks otherwise, he is a bigger fool than he now looks to a great many Fijians who already intend to send him packing come election day merely for being terminally hopeless.

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UPDATE MONDAY AM:

In the original version of this article on Sunday morning, we criticised the Opposition leader, Inia Seruiratu, for not intervening in this saga after a New Year message that focused on unity, not accountability.

To his credit, Seruiratu has finally broken his silence, rightly expressing “alarm” about what is happening with the CoI.

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What the Police Commissioner is saying publicly about his forthcoming meeting with the Acting DPP. As always, there’s a bigger story between the lines:

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And the outrageous contention by the Solicitor General – speaking for the Acting AG, Siromi Turaga – that the Fijian people have no right to know the details of whatever sweetheart deal the state is making with Salesi Temo as head of the Judicial Services Commission.

It isn’t acceptable and there will be hell to pay in the court of public opinion.

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It is high time these clowns were brought to account and reminded who their ultimate masters are – the Fijian people.

And especially the Clown-in-Chief – Rolex Rambo – who could go to jail anyway for refusing to tell us who gave him his $150,000 gold watch.

Was it Lynda Tabuya? We still don’t know if it was the price for her being restored to the ministry. And it is going to haunt them both all the way to the election and beyond.

If he has any “little grey cells” still functioning – as the famous fictional detective Hercule Poirot put it in Agatha Christie’s novels – the last thing the PM needs is to also be charged and tried for being in a criminal conspiracy with the President and Chief Justice. And rest assured, dear readers, that is now a very real risk.