Who is standing up for the rule of law in Fiji? Well, evidently not the Fiji Law Society when two of its luminaries – the current President, Wylie Clarke, and former President, Laurel Vaurasi, – were reportedly part of the gang of enforcers that descended on FICAC on “Black Thursday “(September 5) to strong-arm Francis Puleiwai into backing off in her pursuit of Barbara Malimali.
These individuals are meant to uphold the rule of law on behalf of the nation’s lawyers in private practice who make up the Law Society. Yet by Francis Puleiwai’s account, they were at the vanguard of a full-blown assault on the independence of FICAC when they joined the State in protecting Barbara Malimali from being investigated for alleged abuse of office as Chair of the Electoral Commission.
By the time they had left FICAC headquarters on “Black Thursday”, Barbara Malimali was no longer detained for questioning and was firmly in control as FICAC Commissioner and Francis Puleiwai was out. By the end of the day, she had resigned as Deputy Commissioner and within hours, had fled Fiji for Australia with the State in hot pursuit.
Take a look at this photo, Fiji. It is Wylie Clarke on the left and Laurel Vaurasi on the right flanking the woman who is now at the centre of a storm of controversy and faces an “official inquiry” into what even the Prime Minister has described as a “rotten process” in the criminal justice system. As one senior lawyer scornfully described this scene to Grubsheet: “All three are walking out on the rule of law in Fiji”.
But why were they there in the first place? Just as startling, Wylie Clarke was Barbara Malimali’s personal lawyer, representing her as she tried to fight off Francis Puleiwai’s mauling. Yet why would the President of the Law Society place himself in the position of defending someone in what were already controversial circumstances? Surely Wylie Clarke must have known that the Law Society needed to maintain its own independence to be able to make pronouncements on the FICAC saga without such a glaring conflict of interest? It’s a spectacle that has left many members of the Law Society shaking their heads in disbelief.
Yet it’s what happened inside FICAC on that fateful day that is now also legal dynamite – the claim by Francis Puleiwai in her celebrated ABC interview that Wylie Clarke and Laurel Vaurasi were in the room as she was subjected to extraordinary interference, pressure and intimidation. And especially from Tomasi Bainivalu, the Chief Registrar and Secretary of the Judicial Services Commission, who, according to Puleiwai, conveyed an astonishing threat from the head of the JSC and Acting Chief Justice, Salesi Temo, about what would happen if she didn’t back off. The following extract is from our story on Monday.
Presumably both Wylie Carke and Laurel Vaurasi were witnesses to this exchange because Francis Puleiwai says they were in the room. And as the current President of the Law Society who has just been re-elected for another term, we are directing the following questions to Wylie Clarke.
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Dear Wylie,
For the benefit of the members of the Fiji Law Society and the wider community who are aghast at what has happened at FICAC and its implications for the independence of the corruption watchdog and the integrity of the criminal justice system, would you please provide answers to the following:
1/ Why did you choose to represent Barbara Malmali when there were clearly other lawyers at Howards (Clarke’s law firm) who could have done so without compromising your position as President of the Law Society.
2/ Do you accept that in agreeing to represent her, you had an inherent conflict of interest in being able to speak for the Law Society in what you must have known was a highly contentious set of circumstances that was already being cast as an assault on the rule of law?
3/ What precisely did you say to Francis Puleiwai personally that would have led her to the view that you were interfering in her independence as deputy FICAC Commissioner?
4/ Did you witness the alleged comments by the Chief Registrar quoting the Acting Chief Justice as having said that no registry in Fiji would accept any charge laid by Francis Pulewai? As President of the Law Society, what is your response to such a comment?
5/ What precise role, if any, have you played in the attempts by the State to remove Francis Puleiwai and replace her at FICAC with Barbara Malimali?
6/ Do you intend to represent Barbara Malimali at the mooted forthcoming “official inquiry” into the circumstances of her appointment? If so, is that an appropriate role for the President of the Fiji Law Society?
7/ Why has the Law Society chosen not to comment on events at FICAC when so many of the nation’s lawyers are deeply concerned at what they regard as an assault on its independence and a direct threat to the rule of law in Fiji?
I think we would all very much appreciate some answers and I invite you to do so in these columns.
Yours faithfully etc
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To be clear, Wylie Clarke – an Australian-educated Samoan – is a person of integrity who Grubsheet has known personally for a number of years.
He has an international reputation for expertise on governance and compliance, including specific advice to ensure integrity in the global operations of the International Red Cross. Which in the eyes of many of his legal colleagues, makes his recent conduct, along with that of Laurel Vaurasi, all the more perplexing.
Let’s hope Fiji Law Society members – and the rest of us – get some answers. Because public confidence in the criminal justice system in the wake of the FICAC debacle has gone through the floor.
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Wylie Clarke’s stellar profile at Howards…
Plus some powerful connections at the top.
Meanwhile, the members of the promised inquiry into what has happened at FICAC and their terms of reference should be announced next week, according to Friday’s Fiji Times front page.
The nation is not in the mood to tolerate a whitewash. And the action of Barbara Malimali in aborting the FICAC investigation into her close friend, Lynda Tabuya, has sparked particular outrage.
More on that in a future posting.
GD
You may wish to consider the following; submitting a copy of the Wylie’s letter to the Chief Registrar of the High Court. The Legal Practitioners Act 1997 (LPA), had done away with maintenance of self-regulation for professional standards of the legal profession in Fiji. Before that lawyers conduct was regulated by (the Fiji’s Law Society’s) Disciplinary Tribubals set up by the FLS. All investigations into allegations of misconduct was referred to this Tribunal.
But the Legal Practitioners Act of 1997 (LPA) had changed the entire structure of the Fiji Law Society’s complaints procedure against their members. Currently, the FLS plays NO role in the discipline of it members (lawyers). They don’t have any Tribunals to investigate or look into complaints made by members of the public against the legal practitioners. All matters of practice of law including issuance and regulation of legal practice in Fiji is now the responsibiity of the Chief Registrar of the High Court. The Chief Registrar is also responsible for receiving, investigating and prosecuting all complaints against practising members of the Bar Council of Fiji.
You could suggest that Wylie’s conduct in representing Malimali at the FICAC was prejudicial to the administration of justice in Fiji, his participation in representing his client (Malimali – also a member of the bar) could well have been unethical and compromised the professional standards as well as likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute. The same argument may apply against the other lawyers involved in the shenanighans at the FICAC!
Fiji’s Law Society needs to be restructured and rebranded. Their members seemed to be unimpeachable!
In line with Wylie’s governance and compliance specialities and the usual meeting protocols, will the 9 or so Ministers including 2 DPMs (under investigation by FICAC) be excused from the Cabinet meeting that will examine the draft TOR? Many will doubt that. The PM will do well to ask them to leave the room when it comes to that agenda item. But again, when that happens, those within will share the deliberations on the matter with those without. Governance!
Peeped into Richard Naidu’s profile at Munro Leys and it’s also stellar as copied below. Seems like the two prominent lawyers are legal birds of the same feather. Both are linked to Red Cross, for instance.
Great case studies then for law students and academics here in Fiji and abroad too.
Working in:
Aviation, Banking and Securities, Capital Markets, Commercial Property Transactions – General, Company Law – General, Contract and Commercial Documentation, Due Diligence, Employee Share Schemes, Energy, Exchange Control, Foreign Investment, Information Technology, Mining and Quarrying, Media Law, Taxation and Stamp Duty, Telecommunications, Tourism, Trademarks, Trade Practices / Anti-Trust
Qualifications:
Bachelor of Commerce (Accounting), University of Auckland, New Zealand, 1987
Bachelor of Laws, University of Auckland, New Zealand, 1989
Biography:
Richard has degrees in Commerce and Law from the University of Auckland, New Zealand and was admitted to the bars of New Zealand in 1989 and Fiji in 1995. A former journalist in Fiji and New Zealand, he worked in major law firms in New Zealand between 1989 and 1995 before returning to Fiji. Richard now leads the firm’s Commercial Group, advising clients in Fiji and abroad in all major Fiji business sectors, including tourism, energy, finance, media, transport, real property, mining and manufacturing. His areas of practice include competition, finance, foreign investment, media, real property and taxation law. He is also a mediator accredited by the Australian Centre for Dispute Assessment & Resolution.
Richard is an occasional presenter and commentator on legal, media and other public issues in Fiji. He advises a range of NGOs, including the Fiji Red Cross Society and the Fiji National Olympic Committee and holds offices in the Fiji Law Society, the South Pacific Lawyers Association and the International Bar Association.
Richard is also the Honorary Consul in Fiji for Belgium.
Fiji is a corrupt country. Its successive governments have used corrupt practices to manipulate and destroy the nation’s economy, misuse government coffers including foreign incoming aid aid, benefiting the power hungry self serving elites.
The competition is on between PNG and Fiji on which country is the most corrupted in the pacific and has the highest number of “Rascals” in leadership positions that promote corruption.
It appears allegedly that the pathways to success and prosperity in these corrupt pacific nations is by joining the elite’s and not standing against it. The next time you see on social media and news media ordinary citizens posing with the prime minister and ministers of PNG and Fiji governments, ask yourself this question? What is their agenda and how will that individual or group going to benefit from being close to the government.
If I read correctly, yesterday local media reported that the Terms of Reference for the inquiry was being finalized … like wow doesn’t government move ever so quickly when it conveniently suits its agenda ? Or should that be when it means saving their own butts ? Just likened to their hefty pay increases that flash and consensus approval got zoomed through parliament …
Can we all see the trend here ? Aside from all the selling they do to portray themselves as effective .. the reality continues to show them as a bunch of A self serving … self righteous.. self made disaster and a group of incompetent lack of integrity .. accidental bunch of fools that it made government by fluke ! With no real plan , no real brain power , substance or depth to themselves … and time and behavior continues to reveal the real fruit … that shows seeds of deceit , greed and arrogance … how quickly they all forget their humble lives and political begging they were doing around the nation prior to elections …
Birds of the same feather flock together … ? Guilty by association ?
Here is another fact that is not public knowledge – with all these “kila vata” “gang”. A very senior and close adviser In the office of the Prime Minister (OPM) and Barbara Malimali are known to be best friends and the advisers child is also named after Barbara. Have they registered their conflicts of interests on that ? Is the adviser drafting the TOR ? What are the processes being done to ring fence conflicts of interest there ?
Fiji is small everyone is indeed connected to another in some shape or form albeit personally , socially or biologically … it’s just the reality of small island states doing business. However, the key is for individuals to officially be registering conflicts of interest at meetings for record keeping to protect themselves and recusing themselves accordingly.
Doing so ensures at arms distance dealings … didn’t we all learn anything from the last 16yrs of the previous political regime and Nur Bano Ali ? And it will happen again and again if we don’t humble ourselves and pause and take the learnings from the pages of history … pride comes before a fall and we cannot lead from a place of fear.
It appears I assume by watching this mess play out that perhaps Ms Malimali had a panic attack when told she would be “cautioned interviewed” and in her reactive and emotional state ( as anyone who frequents Suva city coffee shops knows she can be on any normal day even without the extreme drama of FICAC on her back) she sent an SOS to her mates… who by natural default kicked into “help a distressed friend and colleague mode” without a pause to think of and map out potential risks and scenarios. .. that I assume may now have blown up like fireworks of a mess that they did not anticipate .
Folks – this lot ( I.e . The coalition government and its dealings and appointments) from day 1 … when they were officially declared winners for the last general election .. from that moment, all they have been doing is brokering favors and negotiating their own interests .. NFP wanted to appoint the head of FRCS (tax office) SODELPA wanted diplomatic positions for some queer reason and PAP well I guess they just wanted to get in and earn some money for themselves to payback their supporters and look at themselves in the mirror and admire their own reflections.
My question as the TOR is being finalized for this is
1. What is the intention of the inquiry ?
Is it to pre cooked to prove govt innocent or can we truly say it is a document to identify gaps and short comings of process and due checks and balances ?
2. Who drafted and vetted the TOR ?
3 . What are the qualifications and competencies of those drafting the TOR ?
4. What international benchmarks were used for the document ?
5. What is the process of inquiry ?
6 . How are the members of the commission of inquiry being selected ?
7. What is the scope of the inquiry and what does success and failure look like if designed or executed accordingly?
8. What is the mechanism for registering reservation or opposition to the TOR or process of inquiry pre, during and post commission of inquiry?
It’s a really appalling state of affairs in Fiji – it can be managed better by less talk and more accountability . How ? Process – process – process … governments and leaders change all the time but it is due process that upholds the integrity of office and officials and having a system of government where processes are upheld , ensures gatekeepers are awake and alert at all levels from the front desk to the executive.
So many laws .. so many policies … all on paper but the practice has always been a challenge on the ground In Fiji due to the inability of individuals to manage hard conversations, identify conflicts of interest and manage them appropriately and consequently affecting the individual ability to lead by values and virtues .
Sir Arthur Gordon describe the ” men in black robes” when the sale of land issue arose in thd 1800s for the White settlers. Most of whom came from Australia and the UK. Two hundred years later it’s the men in black suit. All hanging around in Fiji like a bad stench. Clark an Australian Samoan must be in Fiji to keep the Australian Polynesian and East Indian company. alive.
Thanks for the tip
Come on. Can we please stop this chauvinistic nonsense. I was referring to Wylie Clarke’s ethnic background and where he obtained his two degrees, one in law and the other an honours degree in government.
I would imagine that he is a Fiji citizen having lived in Fiji for so long. So any suggestion that he doesn’t belong is absurd and offensive. Sheesh.
How would you like it if you had worked in Apia for decades and the Samoans treated you this way?
There is, quite obviously, some power plays going on behind the scenes. For the current LS President and his predecessor to be involved has surely raised eyebrows everywhere, not only in legal circles. But the most disgusting part of all of this shambles is the way the citizens of this country are being treated.
Rabuka said he is confident for trust to be built with regards to the integrity of this government. For him to say this indicative of how the electorate views him, and his bunch of cronies who are currently ruining this beautiful country. He and his con artists think that the people are dumb and stupid. How short sighted and arrogant can he be. The sooner this government is booted the quicker the country can rebuild itself into what should be. Rabuka is creating a South Pacific Zimbabwean replica. Once the legal and justice system of a nation has been compromised and wrecked, everything else very quickly descends into the gutter. May God help Fiji.
Old Greg Unwin, the late and highly respected ex Australian High Commissioner to Fiji, and foster father of Wyllie Clarke must be turning and churning in his grave at the capricious and perplexing behaviour of his son.
He is a disgrace to Samoa and a disgrace to his profession.
I think that’s a bit harsh. Let’s wait for Wylie to explain himself.
I think there is nothing more for Wylie to explain. Representing Malimali in a controversial case while being the President of the FLS is a line he should not have crossed.
Have known this person as a professional for a long time and had very high respect for him.
I cannot understand his choice here given the obvious conflict
Willie is a good man! Anyone that’s worked with him professionally will appreciate the professionalism he brings to the legal profession. That’s why it befits me to even remotely get my head around to why he did what he did? What do these loud mouthed girls have with these silly fellas? Barbara Malimali, the Queen of Tart and morally befit Minister Lynda Dibenu Tabuya and even the likes of Tanya Waqanika who manages to pull her cons and sweet mouths her way to all the Board positions they now hold on ATH and even at Airports Fiji Limited!
GD if you look hard enough you’ll find these girls are the main influencers influencing all the men in power including our senile PM.
To make matters worse we now have the Coalition Government split on whose to be our next President of Fiji.
Rabuka had publicly said he was re nominating Katonivere because his been doing a steady job! A few weeks later Pita Wise is terminated and yes his Brother in Law the Speaker of Parliament reacts!
Now Rabuka according to FijiLive has withdrawn his nomination of Katonivere. This means we will have a new President at the next special sitting of Parliament on the 31st of October! And guess what- yes you read it right! Rabuka mentions that the Speaker has put forward additional nominations. It’s being touted that Tui Nadi and Rt Naulu Mataitini are also going to be nominated. Well looks like Seruiratu is nominating Tui Vuda designate Rt Meli Tora a former School Teacher.
One thing is sure GD. It’s that Rt Naiqama is on a war path that his brother in Law Pita Wise has been terminated for complaints against sexual misconduct whilst the two Bonking Ministers are still in their positions.
Also, Rt Naiqama being Speaker of Parliament decided that Agenda 4 and 5 were not going to be discussed in parliament yesterday and that’s to do with the Presidents appointment.
The Speaker and the President are two important roles! Rabuka must be having sleepless nights. In order for a motion of no confidence to be tabled in the House, the Speaker must allow it. In order for a new PM to be sworn in- the Speaker and President will be involved!
We may just have a new PM from within the Coalition and imagine if Rt Naiqama pulls enough power to oust Rabuka from his position. It’s been done before remember in 1999? Couped from his own party members- Rabuka had to resign from parliament.
What is rotten will always end up nowhere! The racism and the old boys and old girls networks is despicable and downright shameful! What’s even more shameful is the conduct of these so called senior lawyers who don’t deserve the term Senior because the word should be associated with wisdom!
As it is all lawyers need to hang your heads in shame! Your lot have just been judged and found wanting !
Nice guy Wylie…had some integrity too..but no more. He is just as hypocritical as his good mate who he is beholden to…Richard “child bearing hips” Naidu. In the process the once likable and moral Wylie is now sadly like his cartoon namesake Wylie Coyote…the ever scheming dog of the plains…for who the end justifies the means!…of course he follows the master plan put together by “child bearing hips” Naidu.
BTW GD you seem to have missed the unsigned statement by ficac a couple of days ago saying that all govt ministers who inquired about their cases did nothing wrong and that it’s not intimidation to do so. This statement coincided with manoa “goofy laugh” kami2ca’s rush to give his version of his meeting with Pulewai..before someone came out with the real extended intimidation story. Of course our local media ignores or is numb about such a significant unsigned statement on the eve of this obviously farcical inquiry. No follow up probing questions. They would all rather talk about how much groge they drank and how many pigs and coconut crabs they ate in Niue. And if you push them too much they might squeeze out a few more crocodile tears and talk about how they are enjoying their new found media freedom. Bunch of dastardly hypocrites!
Oh…also…BTW GD…have. look at the story on how the convicted child molesting speaker of parliament berated the lone melanesian descent MP yesterday and told him to f**k off back to the Solomons if he dares to again claim that people of Melanesian descent have been generally discriminated against in Fiji. This of course was to be expected cos when the discrimination and bigoted genie was released in 87 by our very own evil twin of Joe Biden then it was only a.mtter of time before the racism and bigotry extended beyond indo fijians…to the chinese, then the Muslims, then the circumcised, then the uncircumcised, now the melanesians and soon we will be openly expressing hate speech without any fear against each other’s provinces and tribes. Of course the biggest lovers will be the gullible itaukei masses who have been mesmerised by Rabukas baritone bullshit since he first started destroying our beautiful nation.
Lalabalavu the child molesting ex con is being increasingly emboldened by our evil Joe Biden to say and do things that go beyond the ambitions of the speakers position. Oh well…at least he’s finally exposed his racism for the whole to see….cos don’t expect the cowardly Fijian media to call out this blatant discrimination and racism.
It’s all good ….we are ethno nationalist itaukei leaders and we have the right to be as racist as we want and if this sort of behavior by us is seen as a signal for our racist supporters to become even more rabid in their hate and increasingly tell indo fijians to go back to India…then so be it…it’s OK…this is our land and we have the right to do whatever we want..even blatantly break the law and breach the constitution..daily!!
Yes, I am a one-man operation and some things inevitably go under my radar. I am very lucky to have people who help me fill the gaps (they know who they are and I am indebted to them). But feel free to point out the gaps. Vinaka for a great comment.
I bet another of people and myself including are not aware of the speakers dirty deeds. Please this needs to also be exposed. I read what he said to AB. Terribly sad. The hate is spreading. And the speaker also had the gall to say the water cuts affecting children is not the government’s problem. It’s the MOE problem…huh…isn’t MOE part of government?
The Speaker has all the qualifications, experience and stupidity to be made President of the country. Based on all the appointments made by this government to various position so far, the Speaker has all the ideal characteristics for the job. And that is why he was appointed to the Speaker’s job in the first place. And if people do not realise he is one of the possibilities for they job they must be blind or an idiot just like all those who voted for the biggest idiot in the country.
This whole thing is f*cking pissing me off big time.