The trial of Aiyaz Sayed-Khaiyum and Mohammed Saneem for abuse of office was due to begin in Suva this afternoon with a sensational twist – the former attorney general lodging a formal request for the Chief Justice, Salesi Temo, to recuse himself and appoint another judge on the grounds that he is biased against Khaiyum.
Here’s part of the application by Aiyaz Sayed-Khaiyum for a recusal that has been leaked to Grubsheet.
It makes for an extraordinary read and goes to the heart of the integrity of the criminal justice system in Fiji.
Salesi Temo is already under intense pressure – with credible reports that the Prime Minister, Sitiveni Rabuka, now wants him suspended for misbehaviour and raised the issue at the most recent meeting of the Constitutional Offices Commission. This will just make the Chief Justice’s position even more untenable.
Justice must be seen through.
For that to happen we need those with integrity and biases removed.
Temo doesn’t hold either today.
He needs to remove himself.
The CJ was pontificating only a few days ago to newly registered lawyers about honesty and integrity and ethics and the like. Just imagine a hypocrite talking about independence, integrity, honesty and ethics.
That the guy has preconceived ideas and has already made up his mind disqualifies him to sit in this case. Not only that, the COI findings disqualifies him from sitting on any case what so ever. It disqualifies him from being a judge let alone the CJ.
But then, this is Fiji, this is iTaukei land and iTaukei are entitled to make the laws on their own land as they go – which they have been doing for the last 3 years.
NOTE:
References to curry and the Taliban in comments from some of our regular contributors have been disallowed. They are in the same league as references to uncircumcised penises.
Grow up, for God’s sake, you effing morons.
Good call, GD. Do not let idiots who hide behind masks to throw insults and offer no intellectual input take over your comments section. Temo is thoroughly compromised and he installed himself in this case with one goal: To put ASK behind bars as favor to his relative, the President, and Rabuka.
The so-called human rights defenders have gone conspicuously silent when ASK’s basic right to a fair trial is under grave threat. Ironically, they were very vocal when the ‘evil’ Fijifirst was in power, but have nothing to say in this new era of freedom under PAP. It goes to show how self-interested and bitter people in Fiji are. They are happy to sell their souls to the devil just to see someone they hate go to prison. A fair trial be damned.
Just a clarification to all you I taukeis making derogatory comments about ASK and Saneem about being uncircumcised or using the Fijian word “tawacili”.
Both these men are Muslims and would have been circumcised much earlier not long after they were born.
Most of us Itaukeis got our bocis cut off just before we went to primary school.
So please get your facts right.
And whether one is circumcised or not does not have any bearing on a person’s character.
Some people really need to grow up and get educated.
You forgot to say they should also stop making dickheads of themselves.
The native fixation on genitalia is reflected in the behavior and conduct within the society they inhabit–daily rapes, sexual assaults, child rapes, teen pregnancy, HIV, STDs, hate and assault of LGBTQI community, domestic violence, racial violence, murder, incest, porn, porn, and more porn.
Sunday is church day. Brilliant. Fantastic. God is good.
Aiyaz told the world he suffered a cardiac arrest and a stroke. Within 2 months his kicking around and todays court appearance, he doesn’t look like he had one .
Here,I find no difference in Temo taking this case head on.
He will find both, guilty.
And that’s what you call a fair trial? Seriously? Be careful what you wish for. One day, you may be in his shoes.
No one is wishing here anything for anyone Graham.
Neither I will intend to do things and end up in this situation.
This is what has been unfolding for past few months.
For Aiyaz and his sympathises ,everyone were asking for his bail variations and allow him to travel overseas.
Now we see the same man ,without any aid, walking in the court house.
What wrong did I say.
Temo is steadfast he will take on this case ,full stop.
Read what Tony S says and then go back and read what the principal cardiologists in Fiji attested about ASK’s condition.
https://www.grubsheet.com.au/your-life-in-their-hands-when-the-state-knows-better-than-your-own-doctors-and-justice-doesnt-come-into-it/
You are just plain wrong.
You can’t separate a swine from a snake cause they work n blend together , now they are scurrying. 4 loop holes to save their necks , guillotine never promise , you are right or wrong but a dead arse hole
Good on ASK for preserving his dignity and not walking about with a limp or crutches to give his critics joy and pleasure. “John” would have come to court in a wheel chair after suffering a mosquito bite, with a bandage around his impaired brain.
**Anonymous **
Not on wheel chair but stretcher.
Remember those days during Bai and Kai rule,people were beaten almost to their death and brought to court.
Good Aiyaz is tough.
Will see now how tough he is to pull his case through.
The line of argument was that a Doctor had certified ASK had a stroke and other cardiac issues. John the spectator commented that since ASK was walking about during his court appearance after about 2 months, it does not look like ASK had a stroke. Implication being that he is a good actor or liar to fake and fool his cardiologists that he had the medical events in question.
My contention is that bias of people like John can cloud their judgement in making conclusions from an observation – especially when their opinion contradicts medical professionals. It’s an insult to specialist medical professionals who have to undergo years of stringent studies and ongoing professional development to perform their job saving or improving lives of their patients.
The argument was not about past alleged actions mischievously weaved into this current vendetta in and out of court.