So the distinguished New Zealand Kings Counsel, Professor Philip Joseph, has produced his advice on whether the Chief Justice and head of the Judicial Services Commission, Salesi Temo, is wrong to insist that he doesn’t have the power to suspend the FICAC Commissioner, Barbara Malimali. And while the official verdict is being withheld until the President and Prime Minister consider the Professor’s opinion, we know what it is because the Counsel Assisting the Commission of Inquiry, Janet Mason, can barely contain her glee.
As Grubsheet has already reported, Professor Joseph’s opinion is a forgone conclusion. Of course the JSC has the power to suspend Barbara Malmali for sacking FICAC’s chief investigator, Kuliniasi Saumi, midway through him giving evidence at the COI for having the temerity to record the “smoking gun” meeting on September 5 last year in which Francis Puleiwai was told that no charge she laid would be accepted by any Fijian court.
It’s all there in Section 44 of the Interpretation Act, which states that the power to appoint carries with it the power to suspend or remove. So it’s only because of Salesi Temo’s obstinacy that the Fijian taxpayer has had to fork out $15,000 for the good Professor to state the bleeding obvious.
What happens now that the President and Prime Minister have the opinion? They are going to be under intense pressure to release the advice. So let’s see what happens as the week progresses. Yet it’s nothing like the pressure that the Chief Justice is going to be under for his wilful refusal to once again obey the law. As Grubsheet has continually observed, the man is a oaf and a dangerous oaf. Because when the person at the top of the judiciary is terminally unable to exercise good judgment and defies the rule of law, we are all in very big trouble.
So another big week dawns in which the uncertainty and instability at the apex of the state threatens the stability of the nation as a whole. It cannot go on and there is an almighty showdown looming between the Chief Justice and the man Grubsheet has dubbed the Obi Wan Kenobi of Fiji, Commissioner Justice David Ashton-Lewis, because he has become our only hope for the rule of law to be upheld.
We are in very dangerous times, and not just because the law is being violated by those at the top. The Coalition is trying to fast-track changes to the Constitution through the parliament next month while still refusing to tell the nation precisely what changes it has in mind. Which can only mean that they are changes that aren’t in the national interest as a whole and threaten the minorities in particular.
Is the Coalition intent on abolishing the common and equal citizenry and the common identity and reverting to the provisions of the 1997 constitution that gave the iTaukei supremacy, gave iTaukei votes more weight than those of others and deprived non iTaukei of the right to call themselves “Fijian”? It sure looks that way when no-one from the Prime Minister down will say precisely what provisions of the Constitution the Coalition wants altered.
Forget about Barbara Malimali and the ongoing assault on the integrity of the criminal justice system. The biggest showdown looming as the year progresses is going to be the fight to retain the rights of non-indigenous Fijians as the Coalition fast-tracks its plans to change the 2013 Constitution.
That fight has already begun with a disgraceful article in yesterday’s Fiji Times by its owner, the corrupt “Chairman Emeritus” of the Motibhai Group, Mahendra “Mac” Patel, whose condemnation of the Constitution and hatred for its architects, Frank Bainimarama and Aiyaz Sayed-Khaiyum is well known but whose rhetoric has gone way off the charts.
The man is unhinged and hysterical, as well as being the first criminal in Fijian history never to have served his sentence.
“Mac” Patel is nuts as well as corrupt. He openly threatens the Prime Minister against backing down on his demands. And at no time does he ever mentioned which parts of the Constitution are so “nasty, brutish, cruel, wicked, disruptive, frightening and dangerous”. This is the quality of analysis we get from the owners of Fiji’s newspaper of record for the past 155 years. And it is a disgrace.
FACT: What the 2013 Constitution has given Fiji for the first time is an equal playing field for everyone – a common and equal citizenry and a common identity (Fijian) . And the Motibhai Patels of Ba think that is “wicked” and they have the right to use their newspaper to campaign against it.
We are now facing the biggest threat to the minorities in the nation’s history – the removal of rights that we gained for the first time 12 years ago. And it is the “Uncle Macs” of the Indo-Fijian community – plus miserable betrayers such as Biman Prasad – who are siding with the ethno-nationalist iTaukei to rob us of our rights to equality.
These people are traitors to their own people and to the national interest. Because no nation can be successful without equality of opportunity irrespective of ethnicity or religion.
“Mac” Patel bought off Sitiveni Rabuka with a gold Rolex in 1987. But he must not be allowed to assist the Prime Minister to steal our rights to be equal citizens and to be called Fijian.
He is a crook with zero credibility. And the Motibhai Patels are misusing the Fiji Times to run their insidious campaign. Which is why in the lead-up to the next election, any politician with integrity must support the Motibhai Patels of being stripped of the Fiji Times. Because they are traitors to their own people and the nation as a whole – supporters of indigenous supremacy and totally unfit to preside over any media outlet, let alone our traditional “first draft of history”.
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Top billing for the Bosso..
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To run a disgraceful betrayal of the interests of the minorities…
For those Fijians too young to remember Stars Wars, here’s why I call David Ashton-Lewis Obi Wan Kanobi. Not a damsel in distress but an entire nation.
A blessed Sunday to all. I am going to the country for some fresh air and reflection.
Your analysis and reflections are spot on again, GD.
If Rabuka thinks, just because Biman and the rest of the Coalition stooges are blindly supporting him for their self interest, the rest of the country also does, he is gravely mistaken. The majority of the country is seeking dignity, justice and fairness, which they will demonstrate come 2026. It is extraordinary the ethno-nationalistic path Rabuka is leading the country towards, using diversionary ploys such as TRC, the ‘regional peace crusade’, constitution review etc to prop up his ‘leadership’ credentials.
Of course he is trying to use Trump type tactics like the recent deal with the Israelis to fight the drug crisis. What hypocrisy when we already have Australian patrol boats and huge support to the military to tackle the maritime issues. If anyone had any doubts about his Christian agenda, Fiji’s stance on the Gaza genocide and blind support for the pariah state just underline it.
One of the best attributes in the 2013 constitution, as you correctly pointed out, is to give every Fiji citizen equity as a Fijian. Under Rabuka, and with the tacit supported of traitors like Baiman Prasad, we are really treading into dangerous territory.
The collision government is completely out of their depth in looking after their citizens which should have been their main priority.
Justice is weaponised to take down some and favour others. Jobs for family, friends and those who will carry out its propaganda. Constitution being changed without proper processes. The media and opposition bought so they can’t put the government to account for their misdeeds. The biggest number of overpaid ministers for any government in the world – playing politics with taxpayer dollars. The PM having found a way to top up his income by taking overseas trips which gives him more daily allowances. What does he actually achieve through these trip for the economy apart from increasing his bank balance.
And talking about the economy did you see the economic advice released by Kishti Sen on behalf of ANZ bank related to tariffs? In just two sentences, it contradicts itself on the impact of Trump’s tariffs and reciprocal tariffs – Fiji could be affected, Fiji could avoid the impacts. ANZ shareholders need to know why their money is being wasted on such under researched silly statements being released to Kishti’s friends in the media who just publish such junk without checking. The Reserve Bank should be able to provide much more informative services unless Kishti “Doc” who proclaims to be driving the economic agenda of the Pacific is trying too hard to get a position in the government or Reserve Bank using ANZ’s resources.
The KC’s legal opinion will be revealing, but the real test lies in how the PM and the President respond. If Temo defies the legal opinion, he must be sacked immediately and asked to pay the cost. Anyway, Temo has many more instances of defiance that warrant his dismissal.
Meanwhile, Mac Patel’s opinion piece through his own newspaper is deeply troubling. Why does he mention only about the 2006 coup, while ignoring 1987 and 2000 coups? Perhaps, he and others of his kind benefitted most from those upheavals.
Now, he denounces the 2013 Constitution – the very document that granted Indo-Fijians equal citizenry and a common identity for the first time. Patel appears to be turning against his own community, possibly because he and others like him arrived in Fiji for doing business long after the Girmitiyas built the nation and made it worth living. He is not a decendant of a girmitiya so he doesn’t understand.
But Biman is. His silence on all this is deafening. As a Girmitiya decendant, will he betray his own people? His uncritical support for Rabuka’s constitutional changes, without even stating what needs to be changed, suggest a man desperate to appease Rabuka and cling to power.
Yet even Rabuka and the GCC haven’t been transparent and forthcoming. Their history is clear: they want iTaukei supremacy, a Christian State and the GCC entrenced in governance – the very justification for Rabuka’s coups.
Now Rabuka and Naiqama with the help of the GCC seem intent on finding ways to change or even abrogate the Constitution. Their blatant disregard for the rule of law is evident in how they twist legal interpretations to suit their own agenda. Rabuka has already stacked key positions with mediocrity and corruption, underming national governance.
Development partners, especially Australia and New Zealand must intervene – not just as donors but as stakeholders in political stability. Or are they, as deep state, simply waiting for Fiji to collapse? They can’t be that naive or are they afraid of China geo-politically?
From what I heard recently from the Public Consultation team is that they want to change the 75% threshold to 66%…if they do that, it will open the door to all the other changes they want and that is the danger…. Once you drop the requirement to an easily achieved level then the powers that be have all the power……
Since when has Mac become so articulate? The final disclaimer is laughable and hypocritical.
It is becoming evidently clear that the shenanigans in the judicial/legal systems – CJ, JSC, ODPP, FICAC has the full backing of the state.
The PM quickly distances himself from everything when queried. Yet the way the thug CJs appointment confirmation was rushed is very suspicious.
Everyone knows he is not fit for the role. He needs to go. Anyone with half a brain can see that he is the main culprit.
The fact that government is not taking any action just means that they are endorsing what is happening. Possibly even driving it in the background.
Sorry PM Rabuka, Goldman Sachs will never invest a single cent in Fiji. You are dreaming.
Foreign investors invest in a country that is politically stable and has a robust judicial system. Currently Fiji fails both those criteria.
“…. the Prime Minister must abgrogate the Constitution” – what the f**k? And who the f**k does he think he is? Desperate, is what I think he is. Has he returned to the country, yet?
If not why not?
“Mac” Patel HAS returned. He has been sighted in Fiji. And anyone who sees him should exercise their democratic right to peacefully tell him what they think of him. A shameless betrayer of the interests of the minorities, along with his entire family including his successor as Motibhai Chairman and CEO, Kirit Patel.
Grubsheet will be targeting them in the election lead-up for their misuse of the Fiji Times to push an agenda that will hurt every single non-iTaukei in Fiji. In the meantime, I urge every Fijian of conscience to boycott their businesses, including the Fiji Times.
The electoral field in Fiji is a small one and Rabuka and his cronies might just get through again. He will soon be visiting the 14 provinces with gifts and messages of Taukei Land and all the BS that comes with it and people will be happy that the QELE is secure and no vulagi can touch it. As a i taukei I hate to say this but that’s a reality.
Quite an interesting take by Mac Patel and as you’ve correctly pointed out, he doesn’t articulate any particular provisions of the constitution to support his adjectives. But what does Mac mean by:
Failure to heed this warning will result in “consequences” and will only spell disaster for society and for the ruling party.
Is Mac Patel suggesting withdrawal of his monetary support for Steve and PAP? Is he threatening a coup d’etat? Will he take the PM to task by way of a mighty spanking?
Yes it is a veiled threat against the Prime Minister if he doesn’t do what Mac Patel and the Motibhai family wants him to. This is how mad the man is, that he would threaten Sitiveni Rabuka. But that’s what you can do when Rabuka accepted a gold Rolex from Mac Patel in 1987. He has the PM over a barrel. Corrupt to the core. Both of them.
I recall Graham Leung saying in the media that Mercy Commission assessed applications submitted by inmates and recommended presidential pardons for them. Mercy Commission is a constitutional construct. The very Constitution that Mac hates so much was (WRONGLY) applied to allow this fugitive to come back to the country. Shane and George were serving inmates. They could’ve applied to Mercy. Not Mac.
Even George’s application should’ve been thrown out because he had been pardoned when his death sentence was commuted to life under Presidential pardon, on application to the then Mercy Commission, by his lawyers, and on the very day of his sentence. Mac never qualified for a presidential pardon. He abandoned his appeal against conviction and sentence in the Court of Appeal. But Mercy, exercising its powers (WRONGLY) under the 2013 Constitution gave the recommendation to the President to grant him the pardon. He should be the last person calling for the abrogation of the Constitution.