Just a day after the Tuiqereqere judgment quashing the Commission of Inquiry into the Malimali affair because of the alleged bias of Justice David Ashton-Lewis comes hard evidence of Dane Tuiqereqere‘s gross mishandling of the case.
It was evidence that Justice Ashton-Lewis provided in affidavit form under oath when he was asked by Tuiqereqere why Barbara Malimali had not been present at every interview the Judge conducted with other witnesses.
Justice Tuiqereqere has found that Malimali was treated unfairly and this aspect also forms a major part of the media coverage of the Tuiqereqere ruling – such as in the following account in the Fiji Times – which is highly critical of Justice Ashton-Lewis and extremely damaging to his reputation.
Yet as we’ll see, the head of the CoI gave a thorough explanation to Justice Tuiqereqere that he had not only been careful to be fair to Barbara Malimali – at one point when she came to him in tears – but had followed normal procedure in commissions of inquiry as opposed to criminal trials. (see below and our previous story)
Justice Tuiqereqere claims in his judgment that Barbara Malimali wasn’t given any opportunity to answer the allegations against her. According to Justice Ashton-Lewis, this is simply false.
Yet here’s what Justice David-Ashton Lewis swore on oath in an affidavit lodged with the court which gives the lie to Justice Tuiqereqere’s claims.
Remember, this is a judge in a lower court – the High Court – being told by a judge in Fiji’s highest court – the Supreme Court – precisely how and why he had handled the treatment of Barbara Malimali. In itself, it is extraordinary that Ashton-Lewis was so easily dismissed.
It obviously wasn’t persuasive enough for Tuiqereqere to refrain from slandering a superior judge with a public accusation of bias that appears, on the evidence presented here, to be totally unjustified.
If the case is appealed to the Court of Appeal – and that decision rests with the Prime Minister, Sitiveni Rabuka, who Tuiqereqere also eviscerated – we can be sure that Tuiqereqere’s conduct towards the Supreme Court judge will form a significant part of the proceedings.
So who are we to believe? A judge plucked from obscurity from a small accident compensation firm in Auckland and elevated to the bench by Salesi Temo less than three years ago and who owes his entire judicial career in Fiji to the Chief Justice? Or a more senior and more experienced judge from Fiji’s highest court in the form of Justice Ashton-Lewis who says he scrupulously adhered to international best practice for Commissions of Inquiry?
That’s a question that if justice is to be truly served, must be examined by the Court of Appeal. And it simply cannot be left to fester.
Examine TUIQEREQERE’s bank account.
Probably paid in cash and favours, so nothing to see there!
Lewis got slaughtered. Well done justice Dane.
Yes, whatever it takes in the corrupt Temo’s little pantomime they call the justice system in the new Fiji.
None so blind as those that will not see.
Only people who make comments like James are Malimali’s group implicated in the COI Report. 99% on social media are calling your friends corrupt bastards, James.
yep – just another dog who has been let out.
This is Fiji and in their own land they make the laws as they go. Vulagis not allowed to make laws. Only a vulagi religion and a vulagi God is permitted.
It is all about what is convenient at the time.
Each time the law is perceived to be weaponized or actually weaponized to advance political agendas, a bit more trust in leaders and institutions is eroded . Fiji has too much litigation and not enough focus on the struggles of people to be able to eke out a decent living .
Water , electricity, good roads , hospitals , schools etc are in poor order or non existent while Fiji spends money on court proceedings that do nothing to improve the lives of Fijians.
How much has all this cost in quantifiable dollars and other less obvious costs ? Who is keeping tabs?
Couldn’t agree more wholeheartedly. The corruption, grandstanding, vindictiveness and weaponising the court system and constitutional review process has hijacked the focus away from a government’s true purpose: looking after all of the country’s citizens as best they can. The current government should be hanging its head in shame rather than dazzling at their gold trinkets.
Exactly and precisely…aptly put.
It would appear that there will be a court case on August 25 to consider what payments might be awarded to those mentioned in the COI.!!
Just to add insult to injury and it would appear that the ‘unlearned’ judge’s findings will not be challenged in an appeal.
So the corruption goes on, unabated. Well done Fiji, you never fail to follow the path of least resistance.
Judge Tuiqereqere is not seeking to renew his contract and is leaving for NZ very soon. This will be his last hurrah. Job done…about to do the Harold Holt.
Temo pleased as punch. Rabuka appealing this week and appeals court will sit after elections…so bocibuka is not too worried about any repercussions from Fridays ruling anytime soon. Unless!!…Temo squeezes in a appeals court sitting to f**k rabuka up. But the timing to do this is a long shot.
All compensation sought by Babs and leung etc will be put on hold until then….unless there is a coup within PAP and bocibuka is shafted by the manoa gang. Goofy manoa is praising buka in public but he and his insane wife are using the most choicest of expletives to describe liumuri buka in private circles.
Fiji needs Ratu Sir Kamisese Mara kind of leaders.
Late Mr Laisenia Qarase was doing extremely well.
But Bai and Kai finished his political journey with their greed.
Let’s hope we have a return of Mara or Qarase era style of leadership.
He was doing well – definitely had his snout in the trough.
I do not understand why people have a fixation about people from the past who are dead and their style. Rambo has been recycled from the past and here we all are. What the f**k is wrong with people in Fiji?
This latest saga demonstrates the quality of justice in Fiji and those who purport to administer it.
It also shows quite clearly what happens when people are selected, not on merit, expertise and proven ability, but on family links and heredity/ heretical links or obligation(s).
We have a PM who won’t remove an incompetent CJ because he is related to the President, whilst at the same time, he the PM, creates a Commission of Inquiry to deal with appointments that should have never happened because he can’t or won’t and needed an outsider (Justice David Ashton-Lewis) to do what he is incapable of, which has now turned into a circus! Again, of his making!
Perhaps the President and Rabuka should resign and let this whole saga become the responsibility of those who are left!
With an election due by February at the latest!