The Acting Chief Justice, Salesi Temo, and the ousted attorney general, Siromi Turaga, have been humiliated by a finding by three Supreme Court Judges that their choice of Acting DPP, John Rabuku, is ineligible to hold the position, having been found guilty and punished for professional misconduct.
The three judges ruled simultaneously that the judge, Alipate Qetaki, can keep his position because while he was found guilty of professional misconduct, no disciplinary sanction was imposed on him by the Independent Legal Services Commission, as was the case with John Rabuku.
It is an “opinion” as opposed to a judgment. But because that opinion was sought by the cabinet, it is considered inconceivable that the government would defy it and it appears to be only a matter of time before John Rabuku is removed.
The “opinion” calls into question the judgment of the Acting Chief Justice and his patron, the ousted attorney general, in appointing Rabuku in the first place. They knew the appointment was unconstitutional and went ahead with it anyway, knowing that it was unlawful.
Will the Acting CJ now resign? He should. Because his position is untenable, as the Fiji Law Society – representing the country’s lawyers in private practice – has already made clear. (see below)
The new Attorney General, Graham Leung, also makes it clear that John Rabuku must go, though he calls for patience for the “ink to dry” on the Supreme Court decision ( also see below).
But first the initial report from FBC News….
A humiliation for the Acting Chief Justice, Salesi Temo…
And for his patron, the ousted AG. Both have severely eroded confidence in the criminal justice system.
The President of the Fiji Law Society, Wylie Clarke, calls on John Rabuku to resign and says there is now a question mark over the cases he has presided over, having been unlawfully appointed.
The new AG, Graham Leung, calls for patience for the “ink to dry” but also makes it clear that John Rabuku has to go.
Rabuku Out….Yeepeeeeee!!!
Leave the champagne on ice for nothing, I repeat, nothing will happen. These people have no shame. As others have pointed out many a time here and elsewhere- this is a nation of fools run by idiots blinded by bigotry and hate. The indigenous know best how to run the country. This is Fiji, noqu kerekere, noqu vanua, noqu kalou. Mr facade’s budget will confirm this idiocy soon enough.
As for the clown dressed as chief “just us” dump the vulagi dress code. Get entho nationalists siromi, rabuku, weed n bonking lynda lovelace the fashion icon to design a true itaukei outfit using entirely local material —tapa, finest weed from niusilandi lailai, shiniest vonu shells from el presitenti’s kingdom and much much more. Bonking fashion minister can put it all together and the CJ can dump the clownish foreign outfit and start looking the part. Don’t forget to consult the GCC.
Did previous government have any shame
What is happening now is same as what happened during ASK rule
Difference is 2 different types of jugglers
Illegally removing white people from their roles who were competent and legally appointed because they had a clean slate.
Racist swines. Sack the 3 from their roles. Rabuku, Temo. Siromi.
What an absolute mess!
Shame on the PM of Fiji who allowed his past AG to carry this out.
Name a minister that was banging another one under bainimaramas rule ? Or bragged about having weed while on a tax payer funded trip …idiot
Very true, nothing will happen. These are the f**kwits who are only Christians on Sundays
No surprises there. It was written clearly and any attempts to keep him in the position would have been a breach of the constitution. Other lawyers who have been disbarred, etc. would have used this as a legal precedence to get themselves back in the game.
Heavily biased both towards other ethnicities and his dubious past, this is a win.
Hell no. Nothing will make even an iota of difference to the Acting CJ, salesi Temo and the ousted AG Siriome Turaga. Those that have a sense of pride and dignity will likely get humiliated. Not this two. They are special duo, chosen by the special God to lead the very special people of this new world order.
Why would they care? They know fully well that they are beyond reapproah, questions , guilt , blame, shame and more because they are Itaukei. They know the best. They know that they can swim with sharks. They know feasting on Monkey’s brain will make them fly. They know they can stand up against US military and win the war.
The lowest of the low. The God’s chosen people should come out of the shell🐚and rationalize the right over wrong. What examples are they setting up for the younger generation.
The sun will rise, the lunatics will crumble, the tide will change.
Rabuku has behaved disgracefully , sacking Fiji,s top prosecutor because she was white , and others have been sacked or left in disgust at the witch hunt against anyone else who was not itauki ,Yes we do need to nurture local talent and the best way is to be taught by some very fine legal minds, not corrupt thugs. Sadly standards in DPP office have really dropped as can be seen by their behavior in court recently.
Well we all know that the Minister for Weed and Bonking was found guilty by a disciplinary panel of PAP and the PM decided to overule it.
So why can’t it happen here? We all know that the PM is a first rate dickhead, and that qualifies him immensely to run the country – that is according the vast majority of Fijians.
So the Acting ODPP will stay in his position as he is an idiot who has all the “right” qualifications and experience for the job.
I mean if the sack him and the Acting CJ the conviction of the former PM will need to be overturned.
And then they all wonder why the country is where it is.
And they complain a lot as well at the same time after being complete idiots. I guess they do not know…….that they are all idiots.
Boci Rabuku to vacate office immediately. Karma is a bitch. The racist swine got rid of Fijian staff of Indian descent. Hand picked incompetent and unmeritorious natives to senior positions.
Some would have been mourning the exit of the Gandu from Gunu house, whilst others must be celebrating. What a great weekend this going to be.
Temo’s ass should also be on the firing line.
Fiji, this is the change you wanted.
Playing with the law of the land at another level is the highest of all corrupt practices because this is where the ultimate trust and truth resides for those who have no voice. My confidence in the government is zero and same goes for the justice system in Fiji now.
Siromi, a con artist, knew too well that Rabuku’s appointment was illegal. So did Chief Lying Justice Temo.
These 3 men should be brought to justice and sent to prison. They should be removed from their positions immediately.
We must not play with justice and this is such a new low for our country.
I would normally say that the President and PM must now intervene but have no faith in either too. What a bloody joke!
I can’t even ask God to bless this country of lunatics in legal and government anymore. I don’t think I have ever felt so terrified and lost as a Fijian since 1987 and George Speights coup. This is another level of corruption and it is worrying. Be very wary Fijians.
Btw does this mean that Bainimarama’s case is in question too now given Rabuku was in charge?
Blind Freddy knew that this Prime Minister has a brain an ant. Shame shame shame. The Military Commander has no BALLS. Who is there to save Fiji. God help Fiji.
Shame shame shame. Who will decide. Rabuku is dead man walking. Oileee Tamana. Save fiji
It’s quite interesting. Temo believed that Section 105(2) was badly drafted, and the three Supreme Court Justices concurred with this view in their judgment. However, Temo was correct in one instance, with Qetaki, but wrong with Rabuku. Additionally, Temo allowed his view to be scrutinized by a highly qualified panel. GD screams humiliation, but decisions get overruled all the time by appellate courts in every jurisdiction. Temo allowed his decision to be fairly scrutinized. One might say the wheels of justice are rolling well in Fiji and this is actually integrity in practice. Just a thought.
You cast this as me “screaming humiliation”. It isn’t just me but a cast of hundreds. Much of the legal profession thinks the same. You will recall during the appeal hearing that the Fiji Law Society and a lawyer acting for the cabinet opposed the appointments of both Rabuku and Qetaki and their lawyers were joined by the Judicial Services Commission headed by the Acting CJ in submitting that they should stand. So Temo fought to have his position endorsed.
In any event, it should never have got to this. The Constitution separately says that only people of the highest integrity should be appointed to these positions. How can someone who has been found guilty of professional misconduct and has been punished by the Independent Legal Services Commission meet this test?
Salesi Temo should have known that John Rabuku was unsuitable. It is all there in black and white. Which makes him unfit to be the Acting CJ. The only comfort we can derive from this whole sorry affair is that Temo has ensured that he will not be confirmed in the substantive position of CJ and it is only a matter of time before he is removed. That’s the position of the Fiji Law Society, not me, and was conveyed to the Prime Minister six months ago.
And this is not the only transgression of his. He threatened from the bench during the Bainimarama/ Qiliho sentencing debacle to sool the police onto the Resident Magistrate, Seini Puamau, for not carrying out his instructions. This is simply unlawful. The constitution specifically forbids it. So the Acing CJ is either ignorant of the supreme law or doesn’t believe that he is bound by it. Totally unacceptable.
What a circus!
Kick this bloody self-serving prick and the mediocre CJ and Min of Justice out. This is sheer negligence and failure on their part to do the relevant due diligence!
But then this is not unexpected of this wobbly three-legged stool of a government.
I’m baffled that you’ve locked up Bainimarama on a trivial unproven matter “alleged” interference on USP matter when the likes to Rabuka is running on a rampage scott-free on NBF saga, 1987 coup, his incompetence in the current government, Baiman for the misappropriation of Girmit Funds and funding to Poly-tech, Blinky Bill for pilgrim flight by Fiji Airways, Lynda and Aseri brutal saga, Ministers and PS investigated by Ficac yet not disclosed to public what the charges were/ are…
Totally shame and breach of governance!
It’s the fickle-minded idiots of Fiji who put these jokers on a pedestal! Shame of you …
You get the politicians you support and defend who do jack-shit for the common folks!
I don’t this there ever was a phase as it is today where investor confidence is all time low, cost of living all time high, crime rates and corruption all time high.
One day mafatu when the time comes you will face the wrath of your deeds!
It is an opinion that was sought by cabinet and the courts provided their opinion. Is the opinion and its application discretionary or should it be a binding ruling?
If not binding then what is the usefulness of the courts opinion and for what purpose did cabinet seek that opinion – in a hope that it would rule in favour of the appointments and so validate them but if the court against the appointments then cabinet would take it no further…as it was only an opinion and not a binding ruling to be enforced? Surely not. They haven’t got that low have they?
Isa Fiji, the way the world should not be.
Valenitabua is spot on. s 105 (a) of the Constitution allows a person to be appointed as a Judge if s/he holds or has held high judicial office previously. s 105 (b) does not even come into play because s 105 (a) and s 105 (b) are either of the requirements that Rabuku needs to have met – he met s 105 (a) …………. finito!!!! No need to look into s 105 (b). I am sorry but that is how the LAW is written and although Keith J gave an opinion on s 105 (b) and he may be correct in that instance, fortunately for Rabuku s 105 (a) entitles him, that’s it, not need to look at s 105 (b).
s 117 (2) states that the DPP must be a person who is qualified to be appointed as a Judge.
So, as Rabuku has held high judicial office previously he ticks off s 105. And, he ticks off s 117 as he is a person and he is qualified to be a Judge.
As they say ……… the law can be an ass and here it is, the Supreme Court got it wrong because as the law is written Rabuku is entitled to hold the office of DPP as well as be a Judge.
He should not resign and I don’t think anyone can remove him lawfully because:
1. He is entitled to hold that office, and
2. The Supreme Court’s opinion (which is wrong in any event) is not binding on him.
Rubbish. The prime qualification to be appointed to the judiciary and other senior offices of state is to be a person of integrity.
Being found guilty of professional misconduct as a lawyer is hardly displaying integrity. How can a miscreant be the nation’s chief prosecutor? Answer: He can’t. It is plain logic and common sense. Three Supreme Court judges have now spoken. He is out.
You quote only one of the relevant sections of the Constitution relating to Rabuku’s eligibility to be Acting DPP. It is this…
117 (2) the DPP must be a person who is qualified to be appointed as a Judge.
But you studiously avoid the following:
105 (1) The making of appointments to a judicial office is governed by the principle that judicial officers should be of the highest competence and integrity.
Qori. INTEGRITY. Anyone found guilty and punished for professional misconduct is NOT a person of integrity.