“PRESS STATEMENT – HBJ 5/2025 Barbara Malimali v The President of Fiji and Ors
The Government acknowledges the ruling recently delivered by the High Court in HBJ 5/2025 Barbara Malimali v The President of Fiji and Ors (‘Ruling’) and expresses its appreciation to the Judiciary for its careful and independent adjudication of the matter.
Following due and deliberate consideration, and after obtaining legal advice and further consultations with His Excellency, The President, the Government has resolved that it will not pursue an appeal against the Ruling.
While the decision that was subject of judicial review was made on the basis of legal advice provided by a learned King’s Counsel, the Government fully respects the ruling of the Court.
The decision of the High Court underscores the vital role of the Judiciary in upholding justice and ensuring fairness for all citizens. It is a testament to the strength of Fiji’s legal framework, which enshrines the separation of powers and ensures that judicial decisions are free from political interference.
The Government remains committed to the rule of law, respect for constitutional processes, and the separation of powers. Accordingly, as provided for in the Ruling, the Government acknowledges and respects the constitutional mandate of the Judicial Services Commission to deliberate on the matter and bring it to its conclusion.
The Prime Minister Hon. Sitiveni Rabuka reiterates the Government’s confidence in Fiji’s democratic institutions and affirms its continued commitment to good governance, accountability, judicial independence and the separation of powers among the three branches of government.”
DETAILED ANALYSIS IN DUE COURSE BUT FOR THE BACKGROUND, SEE OUR PREVIOUS STORY
“Rolex Rambo” and the $150,000 watch he refuses to say gave it to him and in exchange for what. Reptilian, corrupt, unprincipled, timid and a disaster for Fiji.
Here’s a prediction. Sitiveni Rabuka will eventually be heading for Korovou or Naboro to suffer the same fate as his predecessor.
The day of judgment beckons. Tick, tick, tick. (Oh, except that Rolexes are famously silent)
In the meantime, it’s party time for the crocodiles. The bad guys, it seems, have won.
And Rabuka calls this leadership?
72 hours separates the following stories. A back-flip of historic proportions.
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And incredibly, the way is paved for the corrupt Chief Justice, Salesi Temo, to reinstate the corrupt Barbara Malimali as FICAC Commissioner and give those crocodiles named in the CoI Report a clean bill of health.
It is state capture of the worst kind by Temo and his patron – the accused paedophile and convicted treasonist who is the nation’s Head of State, the President, Ratu Naiqama Lalabalavu.
Fiji’s most important institutions – those at the heart of the criminal justice system – have been hijacked.
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Let’s get this straight Fiji. The Chief Justice Salesi Temo says the judgment by the man he handpicked to hear the Malimali case is binding – that Temo and the JSC decide who will lead the corruption watchdog.
Justice Dane Tuiqereqere had no discernible judicial experience before Temo elevated him to the High Court in 2023 and as a lawyer, had litigated accident compensation cases in New Zealand.
Yet despite his lack of knowledge of constitutional law, Tuiqereqere has prevailed against the opinion of New Zealand’s foremost constitutional expert and Kings Counsel, Professor Philip Joseph, who says it is the Prime Minister, not the JSC, who has the right to choose the FICAC Commissioner.
So that’s the position, Fiji. The bush lawyers win, expert opinion is brushed aside, the Prime Minister caves in when he could have easily appealed Tuiqereqere’s decision and we have the criminal justice system we deserve.
But it’s not justice. Watch as the crocodiles escape back into the fetid pond one by one and the rule of law continues to disintegrate.
In Fiji under the Snake, the law truly is an ass.
This was quite an about face, and very sudden after keenly reporting he would appeal.
Hard not to smell more than one rat here.
There are no words that adequately cover what I am thinking after reading that.
Unf***ing believable is the nearest I can come up with.
Why don’t people get this ?
Malimali was appointment as FICAC Head to stop Arrest of Biman Prasad. If he was arrested, The Coalition Government would have crashed. MALIMALI is EXPECTED to receive 3 million dollars reward.
GD
I trust that you are recovering well from your surgery.
Meanwhile, the Malimali saga. My understanding of the law is that she was challenging her dismissal on a very “NARROW” point of law; on whether her dismissal was procedurally flawed because the way it was carried out. The judge, quite rightly, in my opinion found in her favour on that very particularised legal point.
However, the bigger picture in the background regarding her “capability and conduct” goes to the very heart of her integrity and credibility to practice law as a lawyer. Because, prior to her appointment as the FICAC commissioner she had failed to disclose of a serious disciplinary findings against her to declare that she was barred from practcing law in Tuvalu. She also declared false information in the Statutory Declaration therefore was economical with the truth. Lastly, she had deliberately chose not to declare of a live FICAC investigation against her – she chose not to tell the anti-corruption agency that she was under an active invstigation by the very agency with whom she was applying to become its supremo.
Under these circumstances, there is absolutely NO WAY in my opinion she is expected to win any compensatory award for wrongful dismissal or will be reinstated. Her career as a lawyer is damaged beyond repair!
Quite a few lumps in the vomit.
Government has provided a buffet for the people to eat, choice lumps to savour.
Champagne for the Crocs,
The way the World is,
Feasting, sacrifice, human, for the Gods
Look, watch, listen, hear, the Lawless One comes, will reign.
It is time, the hills beckon, the few ,not the many.
A coconut, upon a vast Ocean
face down to the deep cold black abyss , death
face up to blue sky and warm embrace, life
Nothing, aimless tossing, lost, no anchor, lies and vanity.
Everything, a divine current, cast ashore, a fertile soil, truth and peace
Not for the first time Rabuka and his ethnonationalist cabals are taking Fiji for a ride. The circus of reporting to the President, abiding by the rule of the law, appealing and not appealing and all the motherhood bullshit is the usual Rabuka pantomime.
Let us not forget that Temo is there because of Rabuka and his high chief. And the judges & magistrates he has elevated owe him their positions. Temo knows which one to appoint for particular case, it is a sick chess game. Do you really believe Rabuka would have put Temo in the embarrassing position as Chair of JSC and the case being scrutinised by credible panel of appeal judges?
They all eat from the same plate, have the same racist agenda with the ultimate aim of driving the vulagis out of the country. The judiciary and the executive are in cahoots. After all the beneficiaries are the corrupt itaukeis who now control all the judicial and other administrative positions in the Fijian institutions.
Yes folks, if you had any doubts about the integrity of our judicial institutions in Fiji, go no further.
Rabuka has once again fallen on his matra of “I wasn’t aware” which has been articulated in the form of a press release.
This merely opens the door for her demand to return to her former role as well as claim compensation for her legal costs and backpay.
I am curious though. This case draws parallels with Prydes case and he was fully exonerated by the judiciary with directions given to restore (and backpay) his salary as well as allow him to return to Fiji unhindered. On paper, it was very straightforward. Yet, the government, along with the pedophile president and corrupt chief justice did exactly the opposite and Pryde has not been able to set foot in Fiji nor see a dime of his salary.
So, the question remains is why the double standard? Is this because Big Boobed Barbs (3B) is a Fijian and Pryde is a vulagi; the latter choosing to be impartial and apply the law consistently and fairly while 3B engages in corruption, nepotism, favoritism, racism and biggotry in the name of “iTaukei rights” which seems to be the buzzword these days in Fiji?