# A PRIME MINISTER BEREFT OF JUDGMENT, HONOUR AND INFLUENCE

It is precisely four weeks today (Friday) since Sitiveni Rabuka told the media that the suspended DPP, Christopher Pryde, was entitled to continue to be paid his salary, as the law prescribes, while he awaits the judicial tribunal hearing into the allegation of misbehaviour against him. In other words, it was wrong for the Judicial Services Commission – headed by the Acting Chief Justice, Salesi Temo – to summarily sever Christopher Pryde’s income and damage his chances of adequately defending himself. Yet a month on, there is still no restoration of the DPP’s salary and benefits.

In any other democracy, it would be inconceivable for the Constitution to be violated by those at the apex of the judicial system to punish a senior officer of state who, like everyone, is entitled to the presumption of innocence. The outlaw Temo and the JSC have now kept the DPP waiting 16 months to clear his name and there is still no date set for a tribunal hearing, despite the Acting CJ’s claim to the contrary.

In a statement last month, Justice Temo announced that the hearing would be held from August 19 to August 30 (see below). That is now just ten days away. And is there any sign that the State is in a position to proceed with its case? Not that Grubsheet can discern. So as well as violating the supreme law, Salesi Temo may soon be open to the charge of having misled the nation about the timing of the process.

In the meantime, the Prime Minister has said publicly that Justice Temo and the JSC should not have suspended Christopher Pryde’s salary. Yet it is a sign of how little weight Sitiveni Rabuka’s word carries that even the head of government can’t persuade the Acting Chief Justice to do the right thing – the lawful thing – and restore the DPP’s income.

If the Prime Minister wasn’t in a position to use his influence to uphold the law, why did he say anything at all publicly four weeks ago? Why say the DPP was entitled to continue to receive his salary, as the Constitution stipulates, and then be made a fool of by a rogue Acting Chief Justice who is patently unfit to hold the position? As we reported on July 25, Justice Temo has already prejudiced Christopher Pryde’s case with injudicious comments of the kind that have become the hallmark of his tenure. It is for the three judges of the Tribunal to decide the outcome, not the Acting CJ and the JSC.

The longer this goes on, the more damage it is doing not only to Christopher Pryde through the grave injustice done to him but to confidence in the rule of law in Fiji. And the more it is demonstrating Sitiveni Rabuka’s impotence and the impotence of his Attorney General, Graham Leung. Indeed, the government’s entire credibility is at stake, not least because the Prime Minister inserted himself into the process.

Yes, the judiciary and the executive are separate in Fiji and the judiciary is meant to be independent. But when a rogue judge makes a fool of the law and a fool of the democratically-elected Prime Minister, Fijians are entitled to ask why he is in the position at all.

Let’s see what happens in nine day’s time when Salesi Temo says the Tribunal hearing will take place. For what it’s worth, Fiji, I don’t believe it will take place on the 19th and will be surprised if it takes place at all. Why? Because FijiFirst violated the Constitution when it threw the former solicitor general, Sharvada Sharma, onto the street without a Tribunal hearing and there is every chance the “new order” will do the same.

They came to power promising to be different yet in every other respect are proving to be the same, if not worse. So why would we expect a seemingly cornered establishment not to conduct itself in the same manner? In the normal course of things, a string of top officials involved in Christopher Pryde’s suspension can be expected to be cross examined at a hearing. But can anyone really imagine the likes of Siromi Turaga being subjected to the blow-torch in open court? No, I can’t either.

In the meantime, the collateral damage to the judiciary and the Prime Minister’s personal standing mounts with every week of this sorry farce. And then there is the human cost to the man himself, who was determined to keep “calm and carry on” but has had his confidence in the justice system in Fiji tested to breaking point.

However much the likes of Victor Lal and Wadan Narsey say they have no sympathy for the DPP because of his links to the “old order” – which I think is grossly unfair – it isn’t just about him but about the integrity of the criminal justice system as a whole. That is the real test and one that this government is failing badly. Because we could all be Christopher Prydes one day – in some form or another – when the state demonstrates so little respect for the rule of law.

NOTE: Comments that prejudge the outcome of any Tribunal hearing are being withheld or amended for legal reasons.

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When what the Prime Minister thinks counts for nothing…

What Salesi Temo said on July 25…

The full statement…

16 months and still no Tribunal hearing but plenty of time to celebrate the birthday of the People’s Liberation Army. An Acting Chief Justice (second from right) who is chronically injudicious.