There are a number of deeply troubling aspects about the announcement that the Commission of Inquiry into the allegedly “rotten” circumstances of Barbara Malimali’s appointment as FICAC Commissioner begins its hearings on Monday with the Prime Minister, Sitiveni Rabuka, as the first witness.
For a start, the inquiry is being held in secret. No media, no public. So all the Fijian people can rely on is the integrity of the presiding judge, Justice David Ashton-Lewis, and his counsel assisting, the Fiji-born New Zealand lawyer Janet Mason.
Here’s what Janet Mason has told the Fiji Sun in its front-page report today:
“Allegations of criminal elements tied to Barbara Malimali’s appointment?” Then why is she being allowed to continue as FICAC Commissioner while these allegations are being investigated?
Malimali has sweeping powers which she is still capable of exercising. So she must go and go today. The public interest demands it.
It is also deeply troubling that the Commission’s report – which will be finalised by the end of the month. “may only be made pubic at the discretion of the President”.
What? So not only will the Fijian people have no idea what the 35 witnesses have told the Commission but it will be down to the President whether to keep the findings secret.
This is a man with a criminal record who stands accused of child abuse and is the most political of appointments. Ratu Naiqama Lalabalavu is the Prime Minister’s high chief and the two have had an intimate relationship for decades.
So let’s get this straight. It will be open to him if anything emerges that is politically embarrassing for the Coalition to suppress the Commission’s findings. These people have got to be kidding. It is the antithesis of transparency and accountability.
For two weeks come Monday, Ratu Naiqama has been sitting on the report by the Pryde Tribunal into the allegations of misbehaviour against the DPP. That report – according to legal sources – has exonerated Christopher Pryde. But the President is refusing to release it despite the fact that the Constitute stipulates that he must.
With the Malimali inquiry, there is nothing that requires him to make the findings public. So what possible trust can the Fijian people have that this poor excuse for a Head of State will do the right thing in the public interest? None.
We can have no confidence at all that any wrongdoing uncovered by this inquiry will become public knowledge, let alone whether consequences will flow from an adverse finding. Why? Because Barbara Malimali has been allowed to stay on as head of FICAC even as a judge investigates “allegations of criminal elements” tied to her appointment.
Under the trio of misfits at the top – Ratu Naiqama, the Prime Minister and the Chief Justice, Salesi Temo – the Fijian people can no longer have any confidence in the integrity of the criminal justice system and the State’s adherence to the rule of law.
If Barbara Malimali doesn’t go before this inquiry begins on Monday, it will tell us that whatever evidence is given against her is meaningless. This whole thing will have been an exercise in political expediency rather than a proper judicial process. And she will sail merrily along at the Prime Minister’s pleasure no matter what happens in secret away from the public gaze.
Scandalous.
And guess who is one of the witnesses? Malimali’s “bestie” and the Coalition’s resident Sex Queen.
The clock is ticking on both of them.
And this guy gets to decide whether you see the findings.
What a joke.
The rift of the underpinning ‘us and them’ now manifests clearly. As it is written, when corrupt subterfuge becomes a way of life for a group of men in a cabal, they create for themselves in a course of time a legal system that authorizes it and a moral code that glorifies.
Fiji is already effectively a ruthless dictatorship, with no accountability. Rotten from the top down. There is no way that we can risk family members having a holiday in Fiji, especially with the dismal state of its health care.
Ruthkess dictatorship?
We had that 2006-2022
Wacol Inmate – Oh you poor snowflake! How did you survive 2006 – 2022. You must be grateful for the lawlessness and chaos of 2023-2024.
This “secret” hearing spells only one thing. Barbie Mali will be cleared of all wrong doings. This will be the pay back for losing out to CP.
One way or the other, this cabal has no moral compass or the conscience to uphold the constitution.
This is the price we are now paying for voting Rabuka and PAP into power.
The 3 cronies who are currently ruling our beloved nation have no other agenda but to destroy the nation.
Fiji has indeed gone to the dogs.
A fellow Fijian told me that of those that did, many wanted Fiji First booted out AT ANY COST which they may have been aware of or even that which resulted in unknown chaos after the election 2022.
So these people are satisfied even 2 years later with the price being paid for ” freedom”. And they are happy. As long as their naita or someone they know or went to school with are the new incompetent and low life powers that be.
Equal citizenry and common identity were achieved for the first time when 2013 constitution became the supreme law of the country. The 2013 constitution may not be perfect, but the Coalition government and GCC have yet to come out with the changes they want. Any constitution can be changed, but there is a process. I hope it’s not on equal citizenry and common identity.
For people like Mac Patel, equal citizenry and common identity doesn’t matter much. He and the likes of him who came to Fiji to make money have one foot in either Australia, New Zealand, or elsewhere. His ancestors didn’t come under the British indenture system. He is not a decendant of a girmitiya, so he doesn’t care about common Indo-Fijians. But so does Biman – a decendant of girmitiya who has remained silent on so many things said against the Indo-Fijians and others.
Over the decades, it has been noticed that Mac Patel has backed leaders in power for his own good. He always supported Ratu Mara, and after that, Rabuka, Qarase, and now Rabuka again. He probably tried winning favors from the Baimimarama government but failed.
Mac Patel’s corruption was exposed. The famous wall clock case in which Adish Naidu gave evidence against him. Ironically, both men are now supporting Rabuka, and Adish, being a good friend of Biman, has won favors by being on a number of boards and committees
Anyway, Mac Patel is the kind of person who will even dump Rabuka when it suits him. Why hasn’t he returned to Fiji after being pardoned without even serving his sentence?
He sits in the comfort of his mansion in Sydney, his business is well placed, and has the support of Rabuka. Why would he be worried?
Being the owner of Fiji Times, he is misusing his position and commenting on issues that he has no knowledge of. For me, he is a disgraced man with no ethics and morality.
The Fiji Sun highlights that ” the Commission’s report, once finalized, may only be made public at the discretion of the President”. This raises a critical question: will the President release the Commission of Inquiry report?
The delay tactics of the President on the Pryde’s Tribunal Report suggests otherwise. Despite 13 days passing since its submission, there has been no public disclosure, with only vague assurances that the report will be considered by President in the new year.
The lack of transparency fuels broader concerns. As GD rightly summarized why has Malimali not been removed from her position, when a crimal investigation against her is ongoing. She continues to weild significant authority.
Janet Mason’s justification that the Cimmission’s proceedings must remain private to avoid interfering with criminal investigations does little to address the inconsistency. How can confidentiality take precedence over the fundamental principle of ensuring accountability, especially when serious allegations are at play?
Responsibility for this action rests squarely with the Juducial Services Commission (JSC) and the President. Temo, as chair of JSC and Naiqama as appointment authority , have yet to act decisively. Their hesitancy to even temporarily remove Malimali suggests an unwillingness to risk scrutiny or tarnish their own reputations.
Unfortunately, the public has no reason to expect otherwise.
It is difficult to ignore the broader context: Naiqama as President, alongside key decisions, increasingly appears orchestrated. One hopes this Commission of Inquiry doesn’t follow a similarly managed script.
Transparency and accountability must be prioritized to restore public confidence. Malimali needs to vacate her position now so that Commission can begin its work.
The Commission of Inquiry Act 1946 dates back to pre-independence and has never been reviewed. It is a weak and humdrum piece of legislation when compared to counterpart laws in Australia and New Zealand. For e.g. S11 of the Fiji law makes inadmissible any evidence obtained during the inquiry in future criminal or civil proceedings. This simply means that if the inquiry discovers proof that laws were broken, it cannot do anything about it except send the final report to the President. This casts a dark cloud over the whole process and obviously opens the door for the political interference in what is meant to be an independent inquiry in the public interest. As you rightly point out GD, there is no confidence and trust in Lalabalavu to uphold the law. His appointment by Rabuka has profaned the Office of the President probably for good.
The Royal Commission Act of Australia by contrast, gives the Commission powers to furnish any evidence of illegal conduct to the relevant prosecutorial authority, such as the DPP, for further action which gives the public confidence that wrongdoers will be punished. Private sessions (not hearings) in Australia are only reserved for inquiries into child sexual abuse victims, veteran affairs and to prevent the leakage of financial information that could give a private business an edge over its competitor. Private hearings (different from sessions) are highly unusual in both Australia and New Zealand.
They occur only when there is a risk that public proceedings may prejudice the security, defense, or economic interests of that country. A Commission’s final report in both countries is usually tabled in Parliament and made public. In both countries, the Commission is required to adhere to the principle of open justice, and the negative effect of restricting public access to the inquiry on the overall confidence in the process. This is how commissions of inquiry are supposed to function – in a manner that is independent and transparent and concerned with serving justice.
I am afraid Fiji falls woefully short of these standards and, given the cloak and dagger manner in which Lalabalavu, Rabuka, Temo and Leung operate, there is little, if any, hope that justice will be served. It is likely that any wrongdoing that is found will be covered up and Malimali and the others will continue doing the Coalition’s bidding. If they step out of line, the Coalition can easily move against them with the findings of the inquiry. The COI looks less like a mandate for transparency and more like a mirage after this latest announcement by Justice Ashton-Lewis.
Yes, I cannot for the life of me understand why the whole inquiry must be in camera. Surely the court can be closed for sensitive evidence and open for the rest of it. This inspires no confidence at all that the right thing will be done, even if one accepts that the judge and his assisting counsel are people of integrity. The leadership of the country have already demonstrated that they have none.
Well, there is precedent.
The drunk driving chief registrar’s trial was behind closed doors. He was convicted, sentenced, without conviction, conviction was suspended for 12 months, and he still is chief registrar.
If that does not make sense, it is Just Us Fiji style.
What a mess!
Stalling for time and sweeping the unpalatable ‘under the carpet’ is just going to make matters worse. It will still be there and the stench will become unbearable.
Fiji is lurching towards another round of strongman rule, not because people want it, but because anyone with an ounce of commonsense recognizes it as the lesser of evils. In an environment of increased lawlessness, attempts to hide wrongdoing just persuades them that unfortunately a return to discipline and order is required.
Talking the talk of ‘freedom, rights, transparency and accountability’ is all well and good, but it also requires those in positions of authority and responsibility to also walk the walk – to show it applies to everyone, themselves included.
So suck it up fellows, welcome to democracy. No one is exempt.
On your frequent question GD: what to change in the Constitution? My suggestions for what they are worth are: the immunity provision needs to be removed (no more coups thank you), as does that mention of the military’s special role, the single constituency and the inflated role of the A-G. The Government’s lawyer is an important position, but lawyers generally need to be cautioned not to over-step the mark. If a lawyer eventually makes it to PM in Fiji, you can be sure one of the first things she or he will do is to make sure they know their place as interpreters of the law, not the makers. And that includes the judiciary.
As in other Westminster democracies, the PM should remain the sole person who can call an election (it keeps the MPs on their toes, looking over their shoulders in fear of the wrath of the electorate as they jockey for influence, as they do).
But there must be no question on the supremacy of Parliament. The head of state’s role is purely ceremonial, as is that of the chiefs whose responsibilities are to be determined by the Vanua, and not by others living in Fiji who are correctly now all called Fijians with equal rights.
Cutting to the chase, Frank was popular because he brought discipline and order. But he was also a bully, lazy and contemptuous of those with smarts. For this he relied on Aiyaz who unfortunately for Fiji while gifted, was also a megalomaniac. People put up with his favouritism and cutting down of emerging leaders because they needed the discipline and security their rule brought. But there’s no happy ending for megalomaniacs and that was that.
Now, surprisingly, those two are not looking so bad. But the fact is Rabuka did not win power, Bai and Khai lost it. This coalition of uneasy bedfellows was always going to be weak. If Rabuka and the NFP had had the necessary courage, they could have ridden their initial wave of popularity for a clear mandate from the people in another election. But that didn’t happen and they have instead muddled through, becoming mired along the way by old agendas and ministers’ inexcusable behaviours.
Sweeping under the carpet what already appears to the public as scandalous and nefarious is only going to make matters worse for all involved. Nobody wants shrill commentary and an inflamed lynch mob. The best way to manage this is to keep things transparent, but with rules – as there should always be – especially for those who would shout ‘fire!’ in a cinema when there isn’t one.
Tolerant yes, but also fair and firm.
Vinaka.
Great comment. So much to unpack here. Thank you for sharing.
I think that we just have to put our trust in David Ashton – Lewis and Janet Mason. I am assuming these two (coming from overseas) people will conduct themselves professionally and honourably. I expect that they will conduct this enquiry to the standards that they have adhered to in their careers to date and that has led them to be in the positions that they now hold.
This is the reason that those in high office need to be recruited from overseas so that they can carry out their jobs ‘without fear or favour ‘ At this point, all of the people in power are related to all of the other people in power. So no one person can actually do ‘the right thing’ without upsetting his or her cousin or uncle or chief.
This leads to corruption, lies and the display of all of the other traits that are unacceptable and this is not how a country, judiciary, government should be operating.
The government is paid for and works for the people, unfortunately this two year old group of self serving individuals have lost their way and have been tempted and found wanting, after being given the baubles of power. They have sacrificed their honour, integrity, morals for the huge and out of proportion salaries and perks that they are now receiving.
If any of them had an ounce of decency in them they would resign and make way for people that would, on taking office, return the huge increase that the current lot gave themselves.
But as we know, pigs can’t fly.
…those in high office need to be recruited from overseas so that they can carry out their jobs ‘without fear or favour’…
Sorry to burst your bubble but the ddpp and the grinning baboon in his hideous kalavata will both strongly beg to differ.
The Fiji government is definitely trying to hide the Milamila.
It’s no proud thing to have a fungus spreading and put out there for everyone to see.
It’s 2025 and the circus can only get better.
“Be careful what you wish for” – this was the change that people of Fiji wanted after having FijiFirst in government for a long time. They forgot how good they had it.
The current coalition government was voted in by the people in Fiji – it is through through the votes that this government was democratically elected. Given the breakdown of SODOLEPA (?), it was always on the cards that there will be deals done after the election to form Government.
Through the elections people of Fiji wanted and got (I say this because there was form and history but people did not learn from the past when voting):
– a compromised and opaque judicial system
– top public servants selected based on ethnicity and preference by government and other public service positions filled on ethnicity rather than merit, capability and suitability (hence issues like Ms Malimali arise)
– treason having no meaning or regard
– restoration of obsolete chiefly system alongside government
– women and girls not being safe (in any dysfunctional society, this group is targeted first)
– a lazy, corrupt and incompetent police force led by just as incompetent acting head (there are some good officers though)
– sub-optimal education system where Fijian students lag behind their contemporaries in key markers thus creating generations of population that have under-developed ability to think and analyse (thus, masses are easier to manipulate)
– a healthcare system that is going backwards fast (killing people who can be saved and leaving people with worst health if they come in contact with a hospital like CWMH – once the pride of Pacific as a leader in health care)
What baffles me most about Fiji is that the itaukei were never a minority population but they chose the minority mentality to suit their agenda of being victims in their own country. Western media not knowing any better jumped on this bandwagon. I only heard Mark Latham talk about Fijians of indian descent and the praise for their contribution to NSW, Australia in one of his speeches. The itaukei had their land and same opportunities but chose not to compete rather expected to be handed things. They started using the template used by the Maori and the indigenous peoples of Australia and Canada who were really disadvantaged in their countries. The same itaukei people are crying poor about Fiji and leaving for greener pastures where they are real minorities by colour, socioeconomic status, education etc. Now itaukei make up the majority of the Fijian population living overseas having problems with the law – be it robbery, rape, assault or murder/manslaughter. I am sure I will be condemned for this comment by other members with a label (so be it).
Journalists and editors have a responsibility to provide unbiased reporting that is well founded and considered through multiple lenses. I am not sure whether such courageous journalists now exist in Fiji such as late Mr Vijendra Kumar – it is unfortunate that his generation of journalists are lost forever. Media being one of the pillars of democracy to hold the government accountable and transparent does not exist in Fiji. The newspapers are good for wrapping vegetables only. Social media coverage makes one blush especially when reading comments. Therefore, the public remains blind and easily manipulated.
What to say about NGOs who should be out helping people and raising their voices – they are all sitting in their comfortable offices attending conferences and meetings locally and overseas but nothing to show for at ground level. However, to remain relevant they like their soundbites especially when there is an opportunity to promote woke agendas such as perpetrators being victim etc to appease their masters who give funding. What are they really doing about domestic violence, child abuse, drug use and rehabilitation, metal health support, and HIV – all on an upwards trend in Fiji. This is where they are needed and they have not made any significant difference.
Being PM is hard work and requires working around the clock unless on leave – I have never heard a PM complain about workloads – but only in Fiji. Fiji holds a very strategic position in the Pacific with its neighbours and major powers. With rising grey zone activities in the Indo-Pacific region where Fiji finds itself being courted by these super powers to curry favor, these donors will be reticent to impose good governance practices. This is to avoid Fiji flipping to the opposition. Therefore, those who are thinking donors countries can improve governance standards in Fiji may be disappointed. There is also a lot of soft diplomacy in Fiji that I can see all to appease the local powers.
Against this background Fiji is ripe for pickings by opportunists who through being elected members of Parliament can fill their own pockets such as NFP. Some have finessed their skills to maipulate and scam overseas in highly developed countries (proven through legally) and bring it to Fiji. What hope do poor people of Fiji have other than being led to the slaughter house.
This above is a perfect mix to keep the masses under control and gullible, Does this sound like Sierra Leone or Zimbabwe?
Even with a future change of government, I am not sure how quickly Fiji can turn itself around. The disintegration of society and systems of governance are very deep now.
Apologies in advance if I insult some of the members sensitivities – these are my opinions and I want the very best for Fiji.
Vinaka/thank you/dhanyawad
@Will only make it worse,
very well said, a good assessment and honest opinion.
– Aiyaz has exceptional intelligence and also was a very good politician. He was not a megalomaniac to start with, but later got into his head. Clever politicians will always be humble and willing to listen. The only difference between and MPC was it got in to Mahendra Pal Chaudhry’s head within few years but Aiyaz was much better taking 16 yrs.
– Biman and Rabuka did not win it. Frank and Aiyaz did not lose it.
– It was Aiyaz who lost it. If only Aiyaz would have taken heed of people power, he should have stepped back. This would have increased Bainimara’s popularity. There would have been no stopping for FFP.
– I understand GD had similar opinion when he advised something similar to Frank. The rest is history.
– I have followed Fiji politics since 1972 election. I had similar opinion as GD before 2022 elections. I knew Aiyaz well but I knew he will rubbish my opinion and walk away in arrogance. I thought of going to Frank. Firstly, Frank would have shown more respect but I was no one for opinion or advice. Secondly, I knew more than GD did, lol! Having spoken to Aiyaz in the past, I knew the strength of the trust and bond between ASK and FB.
– did some of the trusted appointed powers betray FFP? Of course yes! We saw how they changed colours as soon as FFP lost. The Consitution is being breached outright and the custodians are more concerned about celebration and hugging of 2000 coup makers. All the commander has to do is to tell the PM and the President they have to follow constitution and let justice prevail.
– most FFP supporters who went to NFP in 2022 would be thinking now that Aiyaz’s arrogance was better than Baimaan’s betrayal. Atleast, Aiyaz and Frank worked hard to unite Fiji and all citizens could call Fiji home.
Good job GD, can not thank you enough for your effort. Grubsheet was very effective against Aiyaz in 2022, it’s effectiveness against Rabuka is still to be seen.
Just my opinion.
Appreciate your comments and I can assure you that I understood the closeness between Frank and Aiyaz because I witnessed it at first hand for several years. But at the urging of others, I decided to tell Frank after the Suvavou House “siege” that he needed to reduce the power of the AG for his own survival.
As I have written, at first he agreed but then changed his mind. And he threw me to the wolves by telling Aiyaz what I had done. No regrets, though. I hope Frank now realises that I was speaking the truth. And had he taken my advice, he might still be in power.
I have always admired both men for their courage in levelling the playing field in Fiji. But as happens with most politicians who have been in office for too long, hubris set in and hubris ultimately destroyed them.
Have you seen the blatant propaganda “Opinion” piece on SODELPA and Aseri Radrodro by a senior journalist at the FT who was until recently part of the Coalition government? Sickening how blatantly partisan the FT has become. No mention of the deteriorating education system including dismal failure rates in annual exams.
https://www.fijitimes.com.fj/punching-above-its-weight/