The call by the Opposition leader, Inia Seruiratu, for the Prime Minister, Sitiveni Rabuka, to finally “man up” and advise the President, Ratu Naiqama Lalabalavu, to suspend the Chief Justice, Salesi Temo, is perfectly legitimate and demonstrably in the national interest.
Temo has been accused of perjury and obstructing and perverting the course of justice by the Supreme Court of Inquiry into the Malimali affair. And in the latest of a series of controversies that continually dog the Chief Justice, Temo is currently presiding over the trial of the former attorney-general, Aiyaz Sayed-Khaiyum, for allegedly giving Mohammed Saneem an unlawful benefit when he stands accused of doing precisely the same thing with a $100,000 “compensation” payment to the Deputy DPP, John Rabuku, that Rabuku didn’t deserve because he continues to be employed at the ODPP.
Salesi Temo’s position as Chief Justice is untenable and the calls for his removal have come from across the political spectrum – Inia Seriratu as the formal Opposition Leader, other parliamentary opposition figures such as Jone Usamate, Premila Kumar and Ketan Lal and from outside the parliament, the leaders of the Labour and Unity parties, Mahendra Chaudhry and Savenaca Narube. This is democracy at work, the opposition doing its job of holding the government and those who occupy our offices of state to account.
Everyone but the Coalition knows that Temo has to go and go now. No proper democracy can have a person at the pinnacle of its judiciary dispensing justice when that person stands accused of obstructing and perverting the course of justice. It is such a basic precondition for a properly functioning democratic system that it is extraordinary that it is now five months since a Judge of Fiji’s highest court – Justice David Ashton-Lewis – made these grave accusations against Salesi Temo yet he soldiers on with the support of the Prime Minister and the President.
It is a travesty of justice that must not be allowed to stand. And the Opposition both in the parliament and those political leaders outside it not only have a right to demand that Temo be suspended, they have a duty to do so on behalf of the Fijian people. And in the face of a government that is going increasingly rogue and thinks it can disregard the most basic standards of governance that apply in any functioning democracy.
Yet now the government through the Acting Attorney General, Siromi Turaga, and Salesi Temo’s lawyer, Isireli Fa, are trying to gag the Opposition with threats of legal action if they don’t lay off the Chief Justice. The Fijian people must side with Inia Seruiratu and the other political leaders to fight this attempt to silence their legitimate demands that Temo be stood aside until the allegations against him are determined.
Temo’s continuing presence at the pinnacle of the judiciary is simply unacceptable – a travesty of justice and proper process – and the threats that anyone calling for his removal will face contempt proceedings are an outrageous assault on free speech and the right of our elected representatives to speak out in support of proper standards of governance.
The Prime Minister’s conduct in this affair has been pathetic – that of an increasingly enfeebled old man who seems swamped by events and is either unable or unwilling to take decisive action. He will be lucky to make it to the next election on his current form. And his determination to seek another term spells disaster for Fiji unless he wakes up to himself and starts governing properly.
It was Sitiveni Rabuka’s decision to set up the Ashton-Lewis Inquiry in the first place with a brief for the Judge to “remove the crocodiles from the pond”. And he promised the Judge that he would accept and implement all of his recommendations. Yet when it comes to Salesi Temo, Rabuka is paralysed by inaction.
- We know that Temo was confirmed as Chief Justice not by Sitiveni Rabuka – as the Constitution stipulates – but on the say-so of the President, Ratu Naiqama Lalabalavu, who is an old friend of Temo’s stretching back to their youth and to whom he is related by marriage.
- We know that the President is protecting Temo, refusing to even contemplate suspending him. And that Rabuka won’t confront the President and insist because Ratu Naiqama is his traditional chief in the vanua.
- We know that all the evidence is that the Prime Minister wants Temo gone, to the extent of asking the Constitutional Offices Commission to tell the President that he has no choice, only to be reminded that the COC doesn’t have the power to do so and if he wants Temo gone, he has to do it himself.
- And as this impasse continues, what does the PM do? Absolutely nothing. Oh, except bury himself in overseas travel – Solomon Islands, Israel, New York, with the next trip to Australia this week for the Fiji Day celebrations in Sydney.
Yes Prime Minister, as the Opposition leader says, it is time for you to “man up” and do your duty to remove Salesi Temo as Chief Justice. Stop behaving like a frightened mongoose in the headlights and do your job. And tell your goons like Siromi Turaga and Temo’s goons like Isireli Fa to back off.
Your prevarication and impotence is one thing. But the Fijian people will not tolerate opposition politicians being intimidated for simply doing their jobs to keep you bastards honest.
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What Inia Seruiratu has said. First the Fiji Sun:
Then the Fiji Times:
The Prime Minister’s goon and proven liar, Siromi Turaga, fights back, demanding the Opposition leader remain silent.
And Salesi Temo’s goon, Isireli Fa, goes further, outrageously threatening the Opposition.
If a lawyer in private practice in Australia or New Zealand were to threaten an Opposition leader carrying out his public duties, there would be an absolute furore. But welcome to Fiji, where going too Fa is par for the course.
Yet just when we all think it couldn’t get any worse, this crowd oblige us with another scandal. This one has Siromi Turaga’s fingerprints all over it. The Acting AG appointed Sevuloni Naucukidi as corrections chief and now that Naucukidi is again embroiled in scandal, Turaga must also go for his lack of judgment and the sooner the better.
It really is all too much, especially when the man in charge of our prisons has already displayed the same unruly behaviour as some of his charges.
But then what else is new? And these people think they can win an election tolerating behaviour like this?
GD
Getting rid of the “rogue” Chief Justice ought to have occurred as soon as the CoI findings were made public because removing Temo now could potentially result in undermining the judiciary and creating chaos. Unfortunately, the despot Temo, as the chief kingpin of the judiciary has been doing case management, sitting in courts and adjudicating cases, issuing judgments despite the criticism about his judicial standing and conduct in the CoI’s Report when he should have been suspended or recused, but certainly not adjudicating the cases. If he were to stand down now then expect all hell to break loose especially to do with all those cases where Temo had adjudicated potentially leading to appeal and a nightmare for the administration of justice system in Fiji.
Rolex Rabuka should have suspended or kicked Temo out as soon as the report was published but his failure to so is likely to cause either a total catastrophe of the Fiji’s judiciary system (if he is dismissed) or the other alternative is to let him continue to function as the autocratic Chief Justice as before. My guess is the latter!
Having an elderly person as PM has disadvantages. Rabuak’s age is showing – sa qase, as they say. He is only good at doing a coup against Indo-Fijians. He doesn’t have the balls or guts to face up to up Temo or Naiqama. Our PM is a coward. He is unable to perform his constitutional duties,Not fit for the position.
He represents and protects Temo and Naiqama, not his voters, citizens or taxpayers. We are paying him all that money for nothing.
He’s useless.
Acting AG is currently Acting for a reason. He used to be the Actual AG but was so hopeless he got himself demoted. Then the new Actual AG got sacked so now we have an incompetent fool back as Acting. Did he come up with this statement all by his lonesome? Not likely. Who wrote it and told him to post it with his preposterous photo?
There is very little opposition since the implosion of FF, and now what opposition there is is gagged under a choke hold. Next we will see CJ trying a Tabuya trick and maybe he will call Totogo and see if he can get Inia under the cyber bullying nonsense. But wait, did Inia do it on Fb or Tiktok or just in Parliament where the privilege applies? Or is it just the Acting AG who is annoying people with his online comments? Maybe Acting AG should not go online to bully Inia, but stick to Parliament where all indiscretions of speech are covered by privilege.
Inia, I hope you call Totogo and lodge a report that someone is annoying you online.
To be fair, the “preposterous photo” accompanying the statement is a Grubsheet creation. The statement didn’t carry a photo.
And the circus continues with an underbelly as black as the characters in this outrageous assaults on democracy go unchecked. No, the CJ is not going anyway. Rambuke is piss happy in his nappy while Pedo Prez squirms in his diapers. Between them the CJ, AAG and FArt will f##ck us over to kingdom cum.
COI report is now under judicial review so let’s not comment about it.
Haters of CJ no matter what you say or do, will not change the fact that he is the confirmed CJ of Fiji.
Judge Ashton Lewis credentials itself is now in a question after PNG law society disputed his professional affiliation and experience by way of media release to Fiji Law society.
So sit back and take a cofee break whilst we await for the outcome of Judicial Review.
Temo is only the confirmed CJ because of the unconstitutional (unlawful) action of his friend and patron, the President, in confirming him in the substantive position without consulting the Prime Minister. His entire appointment is legally questionable.But leaving that aside, it is a travesty of justice that he continues to occupy the position and pronounce judgment on others when he stands accused of serious criminal conduct and in the case of the Khaiyum trial, stands accused of precisely the same offence.
The applications for judicial view are cynical ploys to bottle public criticism and debate. So by all means, you sit back and take a coffee break. The rest of us – now supported by the Opposition leader and every non-government political party – are going to fight.
The assault on Justice Ashton-Lewis is a concoction to divert attention away from the COI findings, none of which have been publicly disputed. They don’t alter a damn thing. The legal position is simple. You can seek judicial review if you have been charged with an offence. But not just because you’ve received an adverse mention in a COI Report. The entire premise of these applications is wrong, which is a fact that will emerge in due course. But in the meantime, Temo must go to preserve the integrity of the judiciary as a whole.
And why should the Fijian taxpayer be funding the CJ’s case in the first place? It is a finding against him personally (plus the finding against the Chief Registrar, Tomasi Bainvalu) It is not a finding against the JSC and the JSC has no cause to apply for a judicial review. Something that will also emerge in due course.
But the tactic now is blindingly obvious. Delay, delay, delay. And create sideshows like the attack on Justice Ashton-Lewis to draw attention away from the main event. The opposition and the mainstream media are now starting to give this the attention it deserves. So your coffee break is not going to be the relaxing interlude you might have imagined.
We are just around the corner from an election in which the Prime Minister and the government need clear air, not to have public attention diverted by a very public rehashing of the contents of the COI Report in the courts and the media.
There won’t be any redactions of the Report when it hits the courts. But of course, you are so dumb you can’t see the locomotive bearing down on the Coalition’s fortunes. Or what will happen if (or when) certain senior government ministers are charged with wrongdoing and your coffee spills all over yourself in your shock in discovering what the rest of us already know – that where there is smoke there is fire and ignoring a fire like this usually ends in a political conflagration.
@Take a break – How ironic that you would question Justice Ashton-Lewis’ credentials and in the same breath endorse Temo and call his critics “haters” when much of the legal profession – except his cronies – agree that he is unfit to be CJ because of his lack of experience and bizarre conduct in Court. Many senior lawyers wrote to the PM urging him not to confirm Temo to the role – and the CJ’s conduct since the appointment proves them right.
This contradiction is totally lost on you because you cannot see beyond your political affiliations. You do not have an objective bone in your body.
Who the F is Isireli Fa to stifle debate and discussion on a publicly funded COI report using thuggish threats? Seriously, who the F are you, Fa? No court of law has declared the report to be “flawed.” Only your clients think so because it exposes them for who they are – thugs masquerading as lawyers. Your time is coming.
Bebe Temo and the inept AG have gone too fa methinks
Something stinks.
Worse than the Kinoya Sewage Plant.
Trouble is us coconuts cannot get enough of that stench.
I notice that Lola is keeping out of this show – guess she is the coper.
And the PM has done another runner to Sydney this time to collect charity from Fiji’s taxpayers.
He is not only a coward but a beggar who keeps collecting free money from Fijians.
What will Fijians and Fiji do without him???? He is a national treasure because he is a first rate f wit. But Fijians love it that f wits run the whole joint.
I think as long as they are Christians pretending to be Jews than all is fine.- as long as the vulagis are kept at bay.