The Supreme Court Judge and COI Commissioner, Justice David Ashton-Lewis, says his confidence in the Prime Minister, Sitiveni Rabuka, has been “dented by his failure to act decisively” to implement the 17 recommendations of his Supreme Court Commission of Inquiry.
In an extraordinary media statement that will rock the establishment and put it under unprecedented scrutiny and pressure, the Judge eviscerates the Prime Minister, the President, Ratu Naiqama Lalabalavu, the Chief Justice, Salesi Temo and the state’s top prosecutors, Nancy Tikoisuva and John Rabuku.
Justice Ashton Lewis questions whether the Prime Minister is “putting his traditional obligations to his chief before his obligations to the people of Fiji and the rule of law” by refusing to insist that the President suspend the Chief Justice.
QUOTE: “The COI recommended that the Prime Minister consider advising the President under section 111 (3) of the Constitution to remove the Chief Justice, Salesi Temo, who I found was liable for charges of perjury, obstructing and perverting the course of justice, and abuse of office.
The COI was specifically told by the President verbally that this would happen. Yet to date, Justice Temo remains the Chief Justice. I am gravely concerned at reports that Ratu Naiqama and Salesi Temo are old friends and are related by marriage and that the Prime Minister believes that he cannot force the President’s hand because Ratu Naiqama is his high chief.
It is a mandatory requirement under section 82 of the Constitution that the President acts on the advice of the Prime Minister as Head of the Cabinet. Ratu Naiqama’s obligations are laid out clearly in the supreme law and to defy them would be a serious offence warranting his own removal.
I urge both the President and Prime Minister to uphold their constitutional duty, which goes to the heart of the integrity of the State and on which the confidence of the Fijian people, indeed the whole world, depends.“ UNQUOTE
Justice Ashton Lewis goes on to call for the removal of the Acting DPP, Nancy Tikoisuva, and the Deputy DPP, John Rabuku, “before a grave violation of the law takes place” because they are deciding whether prosecutions occur despite receiving adverse findings themselves in the COI Report.
QUOTE: “The COI stressed the critical importance of any investigations flowing from its Report being handled independently of those adversely named in the Report. This is patently not occurring and is also a grave violation of accepted practice in any democracy.
In recommendation 81 (g), the COI specifically says that the Acting DPP, Nancy Tikoisuva, and the Deputy DPP, John Rabuku, “are conflicted, and have already demonstrated a lack of impartiality, and objectivity, and a disregard for proper professional standards”. Yet more than 14 weeks later, Nancy Tikoisuva and John Rabuku remain in place. This is most concerning because they are ultimately responsible for decisions about whether those implicated in the CoI Report will actually be prosecuted.
The COI understands that only one of the cases it recommended be investigated is being handled by FICAC – that of the Deputy Prime Minister, Manoa Kamikamica -and that the rest of those processed by the police are going to the ODPP with the Acting DPP and her Deputy still in place. This is unacceptable. It breaches the most fundamental principle of the rule of law, which is the independence of the offices of state in the criminal justice system.
Nancy Tikoisuva and John Rabuku have received adverse mentions in the COI Report, the Acting DPP for a clear conflict of interest and her Deputy with a specific recommendation that he be investigated for allegedly perverting the course of justice. Under no circumstances must they have carriage of the investigations coming to them from the police. The COI urges the Judicial Services Commission to remove them before a grave violation of the law takes place”. UNQUOTE.
Justice Ashton-Lewis has clearly decided that more than 14 weeks has been sufficient time for Sitiveni Rabuka to act on the findings of the Inquiry the PM commissioned, telling the Judge that his task was to identify the “crocodiles in the pond”.
Those “crocodiles”, in most instances, are still in place. And incredibly some of those “crocodiles” are deciding the fate of other “crocodiles” and must clearly be removed from the pond for justice to take its course.
Read on for easily the most astonishing public statement in recent memory, which comes at a time when the RFMF hierarchy is also said to be increasingly restive at the lack of progress in implementing the COI Report.
From the Fiji Sun Online:
From the national broadcaster, FBC:
And from Fijilive:
What is there to say but WTF?
Welcome to Fiji bro.
I second that , clearly one very pissed off judge ! One thing you can never say about Fiji ,is that politics is dull .Time to get the popcorn out and watch the next episode of the saga of machievelluan scandal corruption and deceit. It would be funny if so many lives had not been ruined.
So you say the RFMF is ‘restive’.
You must have ‘inside information’.
My sources (equally reliable) say that the RFMF will let the law run its course and will not intervene in an act of treason.
I stand by what I have reported, that the military are aware of what the Judge is indicating by this statement – that the law is already being violated, any treason is on the part of the President in defying the Constitution by seizing executive authority and that the RFMF would actually be on the right side of the law to prevent this state capture and assault on democracy by “defending the well-being of Fiji and the Fijian people” under Section 131 of the Constitution.
But by all means, listen to who you like.
There are political processes for removing the President…. let’s give that a go.
The military has learnt its lesson, having been used by politicians in the past to do their dirty work.
Although they are following the events closely, they are not so stupid as to commit an act of treason just to please some.
It is not treason to uphold democracy and the rule of law when it under assault as it is now. You aren’t comprehending that this has nothing to do with the RFMF seizing power but preventing an overt instance of state capture.
The Commander needs to tell the Prime Minister that if he won’t bring the President into line, the military will. It’s as simple as that.
The rule of law is ‘under assault’ only in your mind. Thats not enough justification for military intervention.
Read the Judge’s statement. The rule of law is definitely under assault when the un-elected President usurps the authority of the elected Prime Minister and keeps in place a Chief Justice who has demonstrably violated the law.
We are not talking about a coup but a brief intervention to bring that unlawful conduct to an end by removing the President and re-establishing proper constitutional rule. How else is it going to be restored unless Section 131 is invoked? The parliamentary system has failed, the criminal justice system has been corrupted and it is time for fresh elections to break the impasse.
So you’re saying the rfmf too will not follow the law according to the constitution.
Fulfilling a constitutional role has nothing to do with treason.
Do you know who has committed treason most of recently?
The pedo president by refusing to follow constitutional law in his constitutional ceremonial role.
Pedo prez’s role is NOT to usurp the government by not following the pm’ directive/recommendation to suspend/dismiss the donkey CJ.
Dear Justice Ashton-Lewis,
I am writing to express my deepest appreciation for all your hard work and dedication during the recent Commission of Inquiry that you presided over. Your professionalism and thoughtful consideration of all the relevant facts made for an interesting read about the utter rot in our system.
I am grateful for you following up on your report and publicly taking the prime minister to task for not implementing the recommendations in your report
Thank you for your efforts to ensure that justice is served.
Over to RFMF to consider its obligations under Fiji’s Constitution and see whether they can get the PM to act or for him to step aside.
I still hope Fiji can return to decent, competent leadership which can govern fairly for all its citizens.
May God Bless Justice Ashton-Lewis, Janet Mason and all the meek in Fiji.
The President and the Prime Minister and the CJ need to be sacked and urgently. A lot of damage has been done by these unethical, racist, prejudiced and useless imbeciles.
As for those in the ODPP well they will ‘die a natural death’ soon.
Same Khaiyum follies in a last ditch I can say to save him from going to prison by angling towards army intervention. It will be treason by all means.
COI is an issue on its own. Police investigation is on foot and most of the evidence remains hearsay and is in conflict to with each other. Be patient.
Hearsay? Read the Report. I published the full unredacted version and it is all there. The “hearsay” allegation is being made by crocodiles trying to avoid being fingered.
Reading and comprehension are two different things GD, and unfortunately too difficult for many racists to comprehend.
To them, what racists say is true, what others say is hearsay.
Police investigation is on hand and foot.
There, fixed it for you.
Hand and foot as in the commissioner playing along with the government’s desired outcome. As in to sweep investigations under the mat.
So Take a Break is saying we all should ignore COI type findings as long as it relates adversely to iTaukeis. Wonder what his feelings would be if these findings were against ASK?
Take a Break is a racist idiot and someone needs to tell him.
Enjoy your retirement Mr Lewis.
Don’t get drowned into Fijian politics.
Rivers run deep here.
I said before your COI report will make big noises for few weeks and than it will die down.
Moce Cho.!
Talk of the town at the moment is how to change the constitution.
So Joe, when the vulagi judges in the court case in progress now say, there is nothing to see or do here, what will you say? Enjoy your retirement and Moce Cho?
Or do you really mean that vulagi judges who issue a report like the COI Report should just be ignored?
“Rivers run deep here” – you mean Fiji is different. There are special people living here.
In Australia, people with mental illness care called special people. No doubt there are a lot of special people in Fiji. The vast majority of them.
@ Special Fiji
You need to read more to understand what are the meanings of these phrases.
When rivers run deep,you only see what’s on surface, below in deep, you do not know what’s happening.
Mr Lewis saw the surface only.
“Moce cho “is that COI report that everyone is harping about is flushed somewhere .
If that makes any sense to you.
So basically Joe is saying that his country is so corrupt that they can drown this report and findings in the rivers 🙄 shame on this kind of people, there’s no Law in Fiji now
In last 20 years ,many, many inquires and reports has either being flushed or sitting in storage.
This one is another number.
Fuc&&en loosers run and seek assistance from military in Fiji.
Hope if there was a law to prosecute people who bring RFMF name into politics.
Bloody pot steers.
There is no room for military in a developed country to use force on how to run a government apart from defense.
If someone advise Australian commander to remove thier government, next thing one will here is that person is in police custody.
Fiji needs to do same.
Remove the culture of coup once and for all.
Aye Graham!
Ratu Naiqama Lalabalavu, the Chief Justice, Salesi Temo, and the state’s top prosecutors, Nancy Tikoisuva and John Rabuku, should all step down, as they are not impartial in their decisions. Salesi Temo is liable for charges of perjury, obstructing and perverting the course of justice, and abuse of office. He should be charged by the Fiji Police. I don’t think the new Commissioner will charge Temo because he is their man. Nancy Tikoisuva and John Rabuku are biased and unfair in their decisions.
Radio NZ and Radio Australia should highlight this news in their countries so that people are aware of what is happening to law and order in Fiji. In a country where law and order has hit rock bottom, Fiji will not be able to attract international support or investment. I wonder if Fiji Village, the Fiji Sun, or the Fiji Times will publish this news.
Ok Mr Sad Day.
Your message is noted .
Will pass this to relevant authorities to take action and hopefully all those mentioned by you will hand over their resignation ASAP.
Please don’t allow this into overseas media,
If aid and tourist stop coming, this will hurt the poor who rely on tourism and aid.
Kerekere.
After 3 years in power it has gotten worse…
There is no clean up it is people there for themselves.
All these constitutional change efforts is racist in nature.
This really is the ultimate showdown between Chiefly Title Politics and Democratic Principals coming to a head. Or Entitlement versus Merit.
There is a problem when the Chiefly Title Politics is masqueraded as democracy and those not privileged with education can’t understand the difference.
Rabuka’s hands are as dirty as the ailing Presidents here. He could still chose to save his political neck and do the right thing (albeit not for honourable reasons). But we will have to watch and enjoy our popcorn as we wait for this to play out.
Hey @ Lockhy, so you are comparing Australian military with that of Fiji. You got to be joking. How about you compare the law and order in Australia to that of Fiji. Australian government does not use traditional chiefly system to overrule democratic law and order. That is the issue GD is talking about.
In 1991 Prime Minister Bob Hawke was charged in Brisbane for not wearing a seat belt. He pleaded guilty and was fined $80. He was also penalized with one demerit point on his driver’s licence.
How to you compare this to corrupt, liar people becoming ministers in Coalition government and drowning Fijians into billions of dollars of loan.
How about the COI has found Chief Justice is “liable for charges of perjury, obstructing and perverting the course of justice and abuse of office”.
Australia does not have a corrupt racist CJ.
Australia does not have racist coup leader as prime minister.
Australia’s governor general (president) is not a paedophile.
Australian government follows the constitution; they do not breach their constitution for personal or family gains.
What you are saying is non-sense, irrelevant comparison.
Are we Fijians most corrupt country in the world? If we are not ther yet, then we are definitely not far from it.
NO
Mr. Just Fijian .
Read again please.
If Fiji had Laws like Australia, uncle Rabuka (uncle as respect for old) who is father of coup would have spent all his life in Prison.
That’s the difference.
1. The only Trial file Salesi Temo is handling right now as a High Court Judge is ASK’s.
2. The only trial file which Nancy Tikoisuva is handling as Acting DPP is ASK’s.
3. Nancy Tikoisuva has been appointed as Acting DPP by Temo as Chair of JSC.
4. The DPP Christopher Pryde was acquitted of any wrongdoing by a Tribunal comprising of 3 local Judges and has his suspension lifted in January.
5. Nancy Tikoisuva is the complainant in the complaint made against Christopher Pryde with FICAC, following the Tribunal’s decision.
6. Temo Chaired JSC has recommended twice now to the President to stop payment of salary to Christopher Pryde.
7. Temo Chaired JSC recommended the appointment of John Rabuku as DPP. His appointment was rendered unconstitutional by the Supreme Court.
8. Temo Chaired JSC recommended the appointment of Barbara Malimali as FICAC Commissioner. The COI found her appointment to be unconstitutional.
9. Temo also directed the CR to convey to Francis Puleiwai that no Court Registry will accept any charges against Barbara and Biman sanctioned by Francis.
11. When COI requested for Barbara Malimali to be sent on leave, Temo claimed JSC he had no authority. Instead, when put under pressure, he requested Barbara to take leave.
12. Temo Chaired JSC later appointed Lisiate Fotofili to be Deputy Commissioner FICAC.
13. COI made recommendations for Temo to be stood down, and for Temo, Nancy Tikoisuva and John Rabuku to be referred for criminal investigations.
14. When Temo Chaired JSC appointed Nancy Tikoisuva Acting DPP, Rabuku was appointed Deputy DPP.
15. When Lisiate Fotofili was removed from FICAC, Nancy Tikoisuva appointed him at DPP.
16. Temo Chaired Panel at the Supreme Court, comprising of Mataitoga who also sits as a member of JSC is currently hearing submissions on the 2013 Constitution, with a decision to be delivered on or before 5 September.
There are far too many Constitutional breaches to jot down but I hope the pattern and thought process of those who continue to remain in positions is now apparent.
The situation in Fiji now needs to be brought up at international level.
In 2018 Fiji ratified to the International Covenant on Civil and Political Rights, thanks to FFP.
The ICCPR guarantees a wide range of civil and political rights for individuals, including:
• Right to life (no arbitrary deprivation of life)
• Freedom from torture and cruel, inhuman, or degrading treatment
• Right to a fair trial and due process
• Freedom of thought, conscience, and religion
• Freedom of expression, assembly, and association
• Right to participate in public affairs (e.g., elections)
• Equality before the law and non-discrimination
For Fijians, this means the government is legally bound under international law to uphold these protections.
The UN Human Rights Committee needs to be informed.
Rabuka should know the fourth-generation people born in Fiji whom he calls ‘vulagis’ are also Fijians.
The prejudiced Chief Justice Salesi Temo, who according to Supreme Court COI is “liable for charges of perjury, obstructing and perverting the course of justice and abuse of office”, is making decisions on the running of Coalition government.
If Rabuka cannot run the government according to the constitution then International Sanctions will teach him a lesson.
To Kai Kiwi,
I agree, but so far the records of international organisations have been abysmal in carrying out their duties, even the mighty UN can’t intervene to prevent conflicts!
Maybe what is required is a mass boycott of Fiji’s economic interests such as tourism and also, the trade union members boycotting loading/unloading Fijian products at airports and harbours – thus punishing Fiji where it would definately hurt them. Even a small threat from the Trade Unions could potentially result in damaging Fiji’s reputation.