The illegal Acting DPP, John Rabuku, has finally received a letter from the President dismissing him, bring an end to the farce of having been declared ineligible for the role by three Supreme Court judges the best part of two weeks ago but hunkering down and refusing to go.
The Fiji Sun reports exclusively this morning that the President’s letter requires Rabuku to vacate his office at Gunu House by the end of today, Wednesday July 10. Rabuku tells the paper he will comply and will be out by midnight.
Bizarrely, the Sun quotes the outgoing Acting DPP as having said that the Judicial Services Commission – headed by the Acting Chief Justice, Salesi Temo – asked him for his advice on who should replace him. If this is true, then Justice Temo is more than a mercurial outlaw who has violated the Constitution – the supreme law. He is showing clear signs of being stark raving mad.
1/ It was Justice Temo who appointed John Rabuku in the first place last October knowing that he had been found guilty of professional misconduct by the Independent Legal Services Commission and was specifically prohibited under the Constitution from holding the job.
2/ The Acting CJ ignored calls by the Fiji Law Society to reverse the appointment and berated its President, Wylie Clarke, at a swearing-in ceremony for young lawyers for having the temerity to cross him.
3/ Under pressure from the Law Society, the cabinet decided to seek an opinion from the Supreme Court as to John Rabuku’s eligibility to hold the position . That opinion – by three Supreme Court judges – was delivered 12 days ago. It was unambiguous. John Rabuku is ineligible to be Acting DPP, having been found guilty and punished for professional misconduct.
Why has it taken almost two weeks to remove him? And why on earth would Justice Temo, as head of the JSC, ask Rabuku who he thinks should replace him? There are plenty of other people around who haven’t been found guilty of professional misconduct the Acting CJ could have asked for advice.
The whole conduct of the criminal justice system falls far short of what is required and the blame lies fair and square with Salesi Temo. It is he who has made unlawful appointments. It is he who has prevaricated when the legal profession questioned those appointments. It is he who has failed to deal in a timely manner with those complaints and it is he and he alone who has brought the judiciary into disrepute.
Salesi Temo has demonstrated that he is unfit to be Acting Chief Justice and must be removed as a matter of urgency if public confidence in the rule of law is to be maintained. Grubsheet repeats what I have said before:
The judiciary as a whole deserves the confidence and support of the Fijian people. We have some excellent judges and magistrates. But the guy at the top acting in the position of Chief Justice is a dud. The Prime Minister has evidently assured that Law Society that he will not be given the substantive position. But that isn’t good enough. The wheels should be set in motion to remove him altogether.
For John Rabuku, it is an ignominious and humiliating end to his nine month tenure as Acting DPP but he will not be mourned. He could have gone with dignity when the Supreme Court judges delivered their finding 12 days ago. Yet having slapped down the new Attorney General, Graham Leung, when he called for Rabuku to do the honourable thing and resign, Rabuku has compounded his original misconduct and leaves office in disgrace.
Perhaps it is an idle boast and he is taking the Acting CJ’s name in vain by claiming he was asked who should be his successor. Yet nothing that happens in the criminal justice system is remotely surprising anymore. It isn’t just Imrana Jalal who weeps for the rule of law in Fiji. The whole system is a national tragedy and a national disgrace and it cannot continue.
Graham,
Can’t somebody report him to their “professional body” the Bar Council, informing them about his conduct which has lead to the recent chaos (eg the imprisonment of the PM, possibly others as well) using the finding’s of the supreme court’s judgement as the background charges against him stressing that he is unfit to practice as a lawyer?
Furthermore, because of his dismissal and his illegal appointment, all the cases he has dealt with could potentially be deemed as subject to “reviews” by an independent judicial commission. My god, what a mess in the Banana Republic of Fiji!
All his cases are back to court for judicial review. Waste of time and money. Gov’t should think twice and sack Acting Chief Justice for the mistake in appointing acting dpp. Small mistake like this should have been degraded too. Sack the secretariat of JSC for misdemeanor of offense.
Appointment of new chief justice and new secretaries/ commissioner for JSC COMMISSION. The public is watching, having some decency please step side way for proper investigation.
Malo Team. Sad to see what happening in Fiji.
Congratulations GD for blow torching the illegal Acting DPP, John Rabuku, into thin air. What a grand public service you are rendering VOLUNTARILY for Fiji’s benefit (not yours, unlike those self-enriching MPs): for keeping us informed, contributing to improved governance, media training and capacity building, national debate and so on. And we all know you will not do this, please keep clear off the shores of your country of birth as many lessons from the Protasevich experience are there for executing.
More shame for the local media, especially Fred’s mob. We look forward then to Richard’s column entitled something like ‘Current State of the Judiciary’ this Saturday’.
What’s going to happen to all those court decisions, policy changes, staff promotions and sackings etc. under John’s care since last Oct? FLS will hopefully advocate and help enable their legitimate reversals – classical public private partnership in action.
There will be at least two mourners of this bizzare development: John’s lover/staffer and the star biased Assistant DPP, Laisani Tabuakuro. Some other senior officials won’t be far behind them.
The Finance Minister’s begging bowl is always ready for, among others, Elizabeth’s compensation. And what about Chris?
Justice Fatiaki is such a wasted resource as he has the credentials and intellectual capacity to help resurrect the country’s shattered judiciary. His letters to Fred are always a joy to read. We hope he will be keen and will be considered by the State.
1. I immediately starting humming “Ding dong, the witch is dead, etc”.
2. Who should replace him? What a joke. Mr Pryde of course.
If this all wasn’t so terrible it would be funny.
But it’s not funny. It’s terrible.
In any other democracy an illegal DPP’s cases and convictions would’ve been thrown out as well.
So now what happens to the cases he presided over??
Well Mr Kubu will be out by midnight after wiping out all evidences, not at normal close of business hours though.
My goodness. What a bloody nuisance. Just holding everything up. Such a drama queen.
What sense does it make to be flogging a dead horse.
Rabuku is gone.
No one’s comment will make any difference here.
That’s Fiji,who cares?
End of the day this will be story of the past.
As someone had sayed before “people will talk and when the mouth starts paining they will stop .
Let’s move on!
How is it that the legal profession that is supposed to be the elite of society can not read and comprehend the Constitution which is written in simple English.
All those who practice law are supposed to be competent in English?
We the people, commoners, grassroots, plebs, salt of the earth , can read and understand the Constitution as it is written in plain simple English, and required to abide by it, SO, how is it, that there are lawyers that can not understand this simple document and abide by it?
How is it that our PM and Cabinet members, who are not all lawyers, but as we all well know, at least speak English. The question is do, they comprehend the English language?
Off course they do !!!!!!!!
So what stops them speaking up, what stops them finding courage to follow the obvious?
My theory, is that nobody gets appointed to any position of leadership in Fiji unless they are compromised. At least Director level upwards and as far below as they can go.
It’s mind-boggling how far this goes. Has not the past 18 months under the Coalition brought this flower to full bloom!
EEEVrrry DAY!
The acting CJ has been doing a wonderful rendition of the clown character. He might be up for an Oscar for his acting.
Maybe he will be released from his government job soon so he can use all of his time in taking his clown show to the prison.
I wonder how these racists especially rabuka can be reported or taken to a court for crimes against minorities. Can imrana do this ?
@Onlyme—great suggestion except crocodiles weep too!lol!
When will HE the President give a letter to the Acting CJ?
HE predident must ensure that the integrity of the judiciary is paramount, even more paramount than the rights and aspirations of the iTaukei.
Because without intergrity in the judiciary, we are all ruled by monkeys. And that has been the case since the immediate former AG and the PM have come into office.
We not not need monkeys runningg the court and the legal processes please. Monkeys should be restricted to parliament only.
Why is this idiot doing “last checks in the Western Offces” and in the Northern offices?
He is an ilegal idiot appointed illegally and he should have gone 12 days ago, not at midnight today. Does he still have authority to do his “last checks” and make any decisions? Is this Fiji style just because he is iTaukei appointed by dodgy Acting CJ and dodgy AG at the time so he is allowed to do his “last checks”.
Just shut up and f*ck off, I say…..now, not at midnight. I wonder if the President’s letter says he should vacate by midnight tonight or is it something he has made up as he goes? Has he got his own legal opinion and intepretation on this matter.
Does the illegal Acting DPP’s hours and those who work in that office end at midnght each day? F*cking ridiculous. And I am sure 100% of Fijians did not question this or even think of this. They just accepted what bullshit is fed to them.
Should never have been appointed in the first place!
The Acting Chief Justice should be next. He has shown his true colors in this illegal appointment. Any person, not just a legal person would clearly read the section of the Constitution and come to the same conclusion as the honorable Justices of the Supreme Court did. But not the Acting Chief Justice.
His part in this debacle and his hearing of the case against the former PM demonstrate clearly bias.
I wait, like many, to see what transpires with the cases prosecuted by this illegally appointed A/DPP. For I suspect all will be back before the courts.
As to the assertion the illegal appointee was asked who should replace him, what a joke and a further example of the how low the legal system of Fiji has sunk.
Lots of Fake High school Documents and Results used to enter USP contributing to current mass of lack of ethics and code of conduct displayed at various levels of community service
I have always heard criticism of USPs law and journalism courses. One can see why.
Look at the calibre of lawyers and journalists in Fiji. No wonder the place is such a mess and so is the Pacific with their graduates.
Sigh. This is getting tiring, innit?
I have two saqamoli that says this fella will pop back up some place soon in another cushy job.
if not in our very own beloved banana republic, then in a neighbor country or in a high flying donor-funded position.
For this guy is a special brand of idiot. And donor-countries like to give them shelter in return for intel.
Racist swi$e leaves the office.
Take Siromi with yah.
Good job GD on keeping on this topic too.
Now time to hear the case for the recognised DPP who was there and Rice.
Get the heck out of that role Temo. You are a disgrace to the people of Fiji and the law that you should hold supreme.
Thank you Graham for the work you have done to expose these illegal appointments.
Fiji Media – learn and grown a spine.