Grubsheet returns with the publication of an explosive affidavit by a senior member of the Office of the Director of Publications 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!“
Leave a Reply