Grubsheet returns with the publication of an explosive affidavit by a senior member of the Office of the Director of Public Prosecutions that details a conspiracy involving the Chief Justice, Salesi Temo, and the Acting DPP, Nancy Tikoisuva, to destroy the Ashton-Lewis Commission of Inquiry and prevent the prosecution of some of the nation’s biggest names.
According to sworn testimony by Susana Vuniani – the head of the ODPP’s Case Registry – she was present at a meeting at which Nancy Tikoisuva said that she and Justice Temo had decided to quash recommendations from the police to charge a list of individuals which include the Chief Justice and the President of the Fiji Law Society, Wylie Clarke.
It is prima facie evidence of a gross perversion of the course of justice that points to unprecedented corruption at the top levels of the state. It will send shock waves through the body politic and put intense pressure not only on the Chief Justice and Acting DPP but the Prime Minister and the entire government months out from the scheduled election at which their chances of winning are suddenly in grave doubt.
Read on for the most sensational document that has emerged in Fiji in years – shocking evidence of corruption that means the Coalition and its appointees have forfeited their right to govern and must go.
Because I am temporarily incapacitated and reduced to typing with one finger, I sent the affidavit to a senior lawyer for their analysis, and their response is breathtaking in itself.
“In terms of corruption allegations, it does not get more serious. An affidavit sworn by a trusted confidant in the ODPP has blown the top off corruption at the highest levels of state.
In her affidavit, Susana Vuniani, a senior administrative officer in the ODPP and a member of the ODPP senior management team accuses the acting DPP, Nancy Tikoisuva and Deputy DPP John Rabuku of deliberately conspiring to pervert the course of justice by refusing to take any action against the people named in the Commission of Inquiry Report (COI).
As is already well known, those people included the Chief Justice Salesi Temo, The Chief Registrar Tomasi Bainivalu, the Solicitor-General Ropate Green, the acting Attorney-General Siromi Turaga, the former Attorney General Gaham Leung, the President of the Fiji Law Society, Wylie Clark, Amani Bale, Barbara Malimali, Laurel Vaurasi, and Nemani Tuifagalele.
Despite the findings in the COI recommending that these people be investigated for such serious offences as perjury and perverting the course of justice, Nancy and her team at the ODPP thought that it would simply be too embarrassing to act on the findings of the COI or the subsequent police investigations. She also felt it necessary to follow the directives of the Chief Justice who was also of the view that acting on the allegations in the COI would be embarrassing. Go figure!
So, what did Nancy and her ragtag team of co-conspirators do? First, they sat on the police files until they were shamed by the leader of the opposition into doing something when that tactic was obviously not going to work. Next, they lied. They released a public statement saying they had consulted an esteemed Sydney lawyer, Kings Counsel, Ian Lloyd, and who had delivered a legal opinion that there was insufficient evidence to proceed further. He delivered no such opinion. Thereafter, the files were returned to the police and the matter was laid to rest. That is, until the explosive affidavit of Susuana Vuniani blew up in their faces.
What are the conclusions from all of this?
First, no action has been taken in relation to anyone named in the COI. Nor, does it look likely to despite the PM’s statements to the contrary.
As a reminder, the COI, headed by a Supreme Court judge, Mr Justice Ashton-Lewis, found credible evidence that Chief Justice Salesi Temo and the others named in the report needed to be investigated for perjury and perverting the course of justice.
The police did their job but Nancy and her team concluded that public embarrassment trumps proper judicial process, especially when it involves high profile people or their friends.
Second, the decision by the DPP’s Office to return police files on the basis of insufficient evidence was clearly a lie. The reason for refusing to act on the police files was to avoid embarrassment. That was unethical.
The decision not to prosecute was made for an improper purpose and is inconsistent with the two cardinal principles of decision-making at any prosecution body: Is there sufficient evidence and is it in the public interest?
In blatantly ignoring this rule, Nancy has devalued the ODPP and its critical role in the criminal justice system and likely diminished public trust in the institution.
Third, it is clear that the Chief Justice is still controlling things from behind the scenes violating the separation of judiciary and executive. The DPP is an independent office when making decisions on criminal matters and should not be influenced by anyone, particularly a Chief Justice who is adversely named in a report alleging criminal misconduct.
The claim in the affidavit that the Chief Justice “directed” the ODPP demonstrates further misconduct by the Chief Justice and provides a prime example of the danger to the criminal justice system in not acting to suspend him.
Fourth, the public can have no confidence in the acting DPP Nancy Tikoisuva or the institutions of state when such blatant self-interest and wanton disregard for prosecutorial policy is shown to apply. Nancy is an acting DPP that has clearly been put in the position to protect her friends and those who appointed her. The lamentable John Rabuku as deputy DPP and three times guilty of professional misconduct shares equal blame with Nancy.
Fifth, a DPP that cannot be trusted to deal with police files ethically and consistent with established principles is acting contrary to the public interest and needs to be suspended immediately.
Finally, the person most responsible for this disgraceful state of affairs is Prime Minister Sitiveni Rabuka. As chair of the Constitutional Offices Commission, he knew full well the allegations contained in the COI but refused to advise the President to suspend the Chief Justice. This meant that the Chief Justice has continued to be in a position to influence the outcome of the COI recommendations, an unacceptable state of affairs which has further deepened public mistrust in the criminal justice system. The Prime Minister’s failure to act implicates him in the conspiracy to bury the COI and he needs to answer for it. He could have acted in the public interest; he refused to do so.
The affidavit is a credible first-hand account of a meeting attended by senior management of the ODPP. Its author is someone who has served the ODPP with integrity for many years and until she left, occupied a senior position. There is no reason to disbelieve her account.
No wonder they want the election delayed!“
UPDATE 1700 Fiji time:
A second senior lawyer writes:
” If the allegations contained in Ms Susana Vuniani’s statutory declaration are true, Fiji is facing one of the gravest constitutional and rule of law crises since independence. An allegation that the Chief Justice influenced prosecutorial decisions concerning matters in which he himself was named, coupled with allegations that the ODPP declined to prosecute for reasons of “embarrassment” rather than evidence and the public interest, would strike at the very heart of judicial independence and prosecutorial integrity.
Public confidence in the administration of justice depends upon the absolute independence of the courts and the ODPP. If these allegations are substantiated through an independent investigation, there would appear to be compelling grounds for the President, acting in accordance with the Constitution and any applicable legal processes, to suspend the Chief Justice, the Acting DPP and any other office holders implicated pending a full, transparent and independent inquiry.
The publication also raises another interesting question. Ms Vuniani states that she is presently in Sydney on a visitor visa and says she fears victimisation for speaking out. Without speculating about her intentions, it is legitimate to ask whether she may now seek protection in Australia if she believes she cannot safely return to Fiji because of her whistleblowing.
Equally, given the extraordinary seriousness of these allegations, I hope the complete statutory declaration (with redactions, where appropriate)— including the execution and witnessing pages—is published so the public can assess the document in its entirety. Fiji deserves complete transparency, accountability and the restoration of confidence in its justice system through an independent process, wherever the evidence ultimately leads.“
This is shocking. If this raggedy bunch of racist thugs ever get removed from Government, I can only imagine the shocking things that will come to light to expose their dastardly shenanigans.
Any sane person who is reading this article should have no doubts which way to vote and throw this lot out of power.
Is anyone really surprised though?
Good to know you recovering well GD.
This same Susana also implicated Christopher Pryde not so long ago.
I think she stands a good chance of seeking an asylum visa with this new allegation.
It does not get any worse than this!
The head of the Fijian Judiciary allegedly with the ODPP, an independent body, decide to ‘bury’ the finding of an independent inquiry to protect himself and others from being put before the courts.
You would expect this sort of action in a ‘banana republic’ run by a corrupt regime, not a democratic country with a supposed independent judiciary!
What will Rabuka and his Government do now? Run, hide, call an early election or just ignore and hope it goes away? This won’t go away and donor countries will watch closely their actions on this explosive Statutory Declaration.
Like many I will watch very closely!
GS this deserves an Emoji of shock, disbelief and horror.
Welcome back and please get well soon.
Isn’t this the same as the former Police Commissioner Qiliho shutting down the investigation into corruption at the USP for which he was found guilty and went to prison?
Qilihio was told shut down USP file as it was a matter for USP Board to investigate, not the police. He was acquitted then sentenced on appeal so that Tudravu could be the COMPOL.
Shockingly unsurprising.
Documented evidence of the high level corruption that Rabuka has used his puppets to orchestrate just keeps getting stronger.
This is the icing on the cake.
I can’t see this government surviving the next election. Though the damage this government has done across the board will take decades to repair, and I wonder if any government in Fiji can maintain their electoral mandate and integrity long enough to make a dent.
Thank you for taking a break from your break to publish this Graham – speedy recovery!
Sadly he will.
Have you not seen that the vote buying is in full swing.
Land “returns”.
Promises of more returns
Resource Rent.
New infrastructure to villages
Lynda and her fan club.
Taniela to Charlie – are you there Charlie?
Worth reaching out to KC Ian Lloyd on whether or not he really provided his assessment of the case (or Susana’s claims that Lloyd was never involved). Make Lloyd’s response public.
I have. And in the event that he responds, I will. Thus far, he has declined to comment on any aspect of his work for Fiji.
He denied this claim. Mai TV news
He doesn’t say categorically that it is false, just that it is “inaccurate”. FICAC is now investigating and unless there is another attempt to pervert the course of justice, truth will eventually out.
1. Where is Christopher Pryde?
2. Why are there people acting in positions in which they cannot be appointed substantively because of their misdoings, including Attorney General?
3. Why is there a rushed amendment of the Criminal Records Act whereby such misdoings are expunged?
The fish rots from the head. Clearly both Sitiveni Rabuka and Naiqama Lalabalavu are rotten as rot can be. The government offices are reflective of the rot at the top.
Where was she all this while? This declaration is made in June 26. It would be good to know if this is part of if any application she has made to the Australian Immigration for protection or similar visa. She may be stating the truth but why now and not earlier?
I gather this is now in the hands of FICAC and has also gone to the Prime Minister. The fact that the affidavit has surfaced now publicly here doesn’t mean it has not been circulating at the top in Fiji for the past two weeks.
Clearly Susana Vuniani is now in the same category as Francis Puleiwai. It simply would not be safe for her to return to Fiji. And while I don’t know the precise details of any application for a protection visa, she definitely needs one.
At the time, I remember being astounded that a KC could look at all of that evidence and find it insufficient to take further.
That article explains it all.
Thanks Graham, I feel better now.
Best wishes for a speedy return to full health.
I await with bated breath to read Fiji Leaks and Victor Lal’s critique of this scandalous revelation.
A someone with legal prowess, Victor would hopefully be willing to contribute to the discussion. After all he recently wrote about the so called recommendations of former CJ Fatiaki suggesting supreme court’s opinion should be rejected by Cabinet. He has done no favours redeeming himself by this strange stance from someone who should know better.
The more we find out, the more we conclude (unsurprisingly) that every man and his dog is ultimately for him/her self.
Victor Lal has so far chosen not to report it. Why? There is no way you can question him on his own website because he doesn’t allow comments.
Talking of bated breath, I am still waiting to hear from Victor why he chose to file a formal police complaint against Justice David Ashton-Lewis yet never explained his motives to his own readers. For some inexplicable reason, he has played a major role in derailing the CoI.
https://www.grubsheet.com.au/victor-lal-emerges-from-the-swamp-on-the-side-of-the-crocodiles/
I think suar temo has gotten to him.
Is it now open to FICAC to take direct action and charge those implicated with offences such as Abuse of Office, Perverting the Course of Justice, Conspiracy to Pervert the Course of Justice, or any other offence disclosed by the evidence, without first referring the matter to the Fiji Police Force or the Office of the Director of Public Prosecutions?
If the alleged offences fall within FICAC’s statutory jurisdiction, it may be able to investigate and institute criminal proceedings in accordance with its legal powers, subject to the Constitution and the applicable laws governing prosecutions. Whether any approval or involvement of another authority is required will depend on the specific statutory framework.
Separately, if the evidence implicates the Chief Justice, the Constitutional Offices Commission (COC) may consider whether the circumstances warrant convening a meeting to determine what constitutional action, if any, should be recommended. However, under section 111 of the 2013 Constitution, the suspension of the Chief Justice pending investigation is a matter for the President acting on the advice of the Prime Minister; the Constitution provides for the appointment of a tribunal to investigate allegations before any removal from office can occur.