Suva is abuzz with rumours about the imminent release of the Ashton-Lewis Commission of Inquiry report into the “rotten” circumstances surrounding the appointment of Barbara Malimali as FICAC Commissioner, with some reports saying it could come as early as tomorrow (Friday).
Yet such is the confusion about whether the Prime Minister, Sitiveni Rabuka, will advise the President, Ratu Naiqama Lalabalavu, to make the findings public, there are simultaneous rumours that Barbara Malimali has moved to protect her position by taking out stop departure orders on Justice David Ashton Lewis and his Counsel Assisting, Janet Mason.
Could Malimali be crazy enough to use her sweeping powers against a serving Supreme Court judge who is an Australian citizen and Janet Mason, a Fiji-born New Zealander? Under normal circumstances, we would say “no”. But there is nothing normal about what is happening in the criminal justice system under the Coalition and its handpicked appointment as Chief Justice – that irascible rogue and serial lawbreaker, Salesi Temo.
It is Temo who is reported to be primarily responsible for the extraordinary decision to keep Malimali on as FICAC Commissioner even as a judicial inquiry commissioned by the Prime Minister investigated her for multiple instances of alleged misconduct – an unprecedented situation in any credible democracy.
Salesi Temo has his fingerprints all over the corruption of the criminal justice system in Fiji. Not only violations of the constitution in his appointments of John Rabuku as Acting DPP – subsequently overturned by three Supreme Court judges- and his continuing defiance of the three High Court judges who exonerated DPP Christopher Pryde of misbehaviour by re-instituting the threat of fresh charges against him on the same evidence on which Pryde was cleared.
We know from Francis Puleiwai – the former FICAC deputy commissioner now in exile in New Zealand – that according to the Chief Registrar, Tomasi Bainivalu, as he stood over her on the fateful day that she was removed and Barbara Malimali was parachuted in to replace her, that the Chief Justice was on the phone instructing Bainivalu to tell Puleiwai that any charges she laid would not be heard by any court in Fiji.
This applied not only to Barbara Malimali herself – whose arrest Puleiwai had ordered for alleged abuse of office as Chair of the Electoral Commission – but the Deputy Prime Minister and NFP leader, Biman Prasad, who was to be charged on the very day last September that this dramatic showdown unfolded at FICAC headquarters.
Why was Barbara Malimali appointed as FICAC Commissioner when she was facing corruption charges herself? Why was she kept in place as a judicial inquiry instituted by the Prime Minister examined the extraordinary circumstances of her appointment? Why was she so cocky at the COI hearing and openly contemptuous of the legitimacy of the proceedings? Why is there even a suggestion that she now has the power to act against Justice David Ashton-Lewis and Janet Mason?
Answer: She has been empowered by Salesi Temo to the extent of the Chief Justice reportedly telling her that she had nothing to worry about and that he would protect her. Which if true, would be corruption on an unprecedented scale in Fiji – a judge at the pinnacle of the judiciary wantonly in contempt of judicial proceedings and misusing his position to protect an officer of state under active investigation.
Yet this conspiracy evidently goes much further, implicating the Coalition government in conduct so brazen that it eclipses anything that allegedly took place in the Bainimarama era, which Grubsheet was in a position to witness at close hand as the government’s principal media advisor in the transition from dictatorship to democracy in 2014 and beyond. Let me explain.
The notion that Frank Bainimarama and Aiyaz Sayed-Khaiyum got everything they wanted when they were in power simply isn’t true. They were incensed when the then Chief Justice, Anthony Gates, ruled that Sitiveni Rabuka was entitled to contest the 2018 election despite FICAC charges against him and subsequently punished Gates by rejecting his request to stay on as CJ for another year. The then prime minister was also incensed when the DPP, Christopher Pryde, insisted on prosecuting the killers of Vilikesa Soko – who died after a brutal military/police assault – when Bainimarama had promised them that they would never face trial.
The point is that the independent institutions of state back then functioned as they should have. Anthony Gates and Christopher Pryde did their jobs and both incurred the displeasure of the then government for doing so. Yet under the Coalition – despite its boasts of restoring “freedom” and integrity to government – the opposite has happened. The institutions of state have been captured by the executive arm of government and are no longer independent in the least.
The installation of Salesi Temo as Chief Justice and head of the Judicial Services Commission – first in an acting capacity and since December in the substantive position – has been followed by the state capture of FICAC and of the ODPP. It is Temo who engineered the installation of Barbara Malimali as FICAC Commissioner and he also – in concert with the then AG, Siromi Turaga – moved on the ODPP, suspending Christopher Pryde for alleged misconduct and installing John Rabuku as acting DPP.
That didn’t work only because three Supreme Court judges insisted that Temo be countermanded for his flagrant breach of the constitution in appointing someone who had been found guilty of professional misconduct. But what happened next? Another of Temo’s stooges, Nancy Tikoisuva, was installed as Acting DPP, and she promptly rehired John Rabuku as substantive Deputy DPP, keeping Temo’s man in place. And when the Tuilevuka Tribunal exonerated Christopher Pryde of the allegations against him -including Temo branding him a thief – Nancy and John recycled the allegations of financial misconduct against the DPP and Pryde is now being investigated by guess who? Yes. Barbara Malimali at FICAC.
It is all about control and Salesi Temo now has control of the judiciary and both prosecution arms of the state – FICAC and the ODPP. Which means these pillars of the criminal justice system are no longer independent but subject to the whims of a man with a history of breaking the supreme law. The corruption watchdog is no longer independent because it is controlled by the rogue Chief Justice through Barbara Malimali and the ODPP is no longer independent because it is controlled by the rogue Chief Justice through Nancy Tikoisuva and John Rabuku.
It is the Big Trifecta that now poses a direct threat to the integrity of the state. Yet the one person Salesi Temo doesn’t control is Justice David Ashton Lewis, who Grubsheet has described as Fiji’s Obi Wan Kenobi because like the Star Wars hero, the COI Judge is effectively the nation’s only hope. And we must hope and pray that his findings are not only released but acted upon.
The big question on many lips is why Sitiveni Rabuka appointed him in the first place when the Prime Minister surely would have known that when you give a judge a can opener, there’s no telling what worms will emerge from the proverbial can of worms when he does his work. Some believe that Rabuka is using the Ashton-Lewis inquiry to clear the decks – to burn his rivals in the parliament and burn those officers of state who attract adverse findings – as a means to secure his own political future by going into the 2026 election as “Mr Clean”.
But then another big question remains. Why would Rabuka have allowed Salesi Temo to inflict such destruction on the institutions of state in the first place and in doing so, inevitably bring suspicion on himself? Maybe we will never know, just as we will never know many things such as his true role in the 2000 mutiny that the “Snake” will, in all probability, take to the grave, having slithered his way in and out of power for nigh on four decades.
Yet one thing is certain. Sitiveni Rabuka now has the opportunity to do the nation a singular service. And that is to release the Ashton-Lewis report, move against those adversely mentioned, restore the integrity of our institutions and begin the mammoth task of rebuilding public confidence in them.
Given his dubious record and especially as the “Big Daddy” of coup-makers, it is his only path to redemption in the history books. If he has any genuine love for the nation and its future, he has no alternative. He must bring in fresh faces to cut out the cancer of institutional corruption that has taken root in the criminal justice system and is steadily destroying the national fabric.
With his report, Justice David Ashton-Lewis – our Obi Wan Kenobi – has armed the Prime Minister with a powerful “lightsabre” of justice to confront our enemies from within – those who stand not for justice but the interests of a self-entitled elite. And Rabuka owes it to all of us to find the courage and resolve to use that weapon for the common good.
If he doesn’t, he too deserves to be removed, if not at the 2026 election by a weakened opposition who arguably have no hope of victory when the Coalition has hijacked the criminal justice system and can use it against its opponents then by those explicitly charged in the Constitution with protecting the well-being of all Fijians.
Yes, it is that serious. Certainly If the Ashton-Lewis report is suppressed, it is the duty of the RFMF to uphold democracy by working behind the scenes to assist opposition MPs and those elements of the media who are not captives of the Coalition to provide every Fijian with access to its contents.
We have every right to see it and every right to be alarmed about the nation’s direction under the Coalition. Because when the nation’s institutions of state have been so blatantly manipulated, compromised and corrupted, the rule of law and democracy itself is very much on the line. And unless we take a stand now, it may be too late to prevent an entrenched elite from seizing permanent power.
Welcome back Graham.
If Malimali does enact this stop departure order on the Judge and Counsel, there will be hell to pay from the Australians and maybe even the kiwis.
Winston Peter’s was MIA when it came to looking out for Mr Pryde, but I can’t see the hierarchy in Australia hanging a renowned and respected Judge out to dry in the same way, without serious consequences for this country.
This swamp really does need draining.
I’m not back, Dave, just dabbling. But the Ashton-Lewis COI story is simply too big to ignore. I will be keeping a watching brief on it as I’m living from a suitcase and occupied with the reconstruction of our home. Back on deck fully next month.
Great news that you’re not far away from keeping us all informed, and hopefully your place will be back to normal before too long. After living through the Christchurch earthquakes we have first hand knowledge of what it takes to sort the aftermath of natural disasters. It’s a long and slow process and thoughts are with you whilst you go through it.
I know that I speak for a lot of people that eagerly await the stories that you cover and all appreciate your knowledge of this place and the insight that you bring to people looking for the truth that is overlooked and hidden by the Fiji media. So, thank you for your tenacious digging to find out and tell us what’s going on. It is very much appreciated, so a big thank you for all the time you devote to the cause.
You are very kind. Vinaka.
No stop order in place. I saw His Lordship yesterday relaxing at resort on the Coral Coast. He was in fine spirits.
So he can enjoy himself in Fiji until he gets to the airport.
Like everyone else!
Why would there be a stop departure? They have not done anything that warrants a stop departure. They have only followed what they were commissioned to do, so I am not sure why Malimali would in her right mind even think of doing that!
I am merely reporting what is being said. Though the issue of Barbara Malimali being in her right mind is more clear-cut.
He thoroughly deserves it. May God protect His Lordship and his trusty Counsel Assisting.
As we all wait the much-anticipated report the real question, as you suggest, what will the Fiji Government do!
They, assuming it is released to the public, (Rabuka and The President) have basically two choices. They either act on the report findings or they don’t. The report is said to be 415 pages long although if it follows the usual convention, it will have a summary of its findings and recommendations.
The actions of his honour Justice David Ashton Lewis and his Counsel Assisting, Janet Mason in requesting the suspension of Barbara Malimali and the petulant attitude of CJ Temo in relation to that suggest both will feature heavily in the report.
As Justice David Ashton Lewis and his Counsel Assisting, Janet Mason depart Fiji the PM needs to recognise that he and his Government are at a crossroad. Either the rule of law in Fiji is applied fairly and without prejudice or it is not. To do nothing with the report will confirm the Government are no longer in control and the CJ is running the country aided and abetted by his cabal of appointees. This will create a climate of distrust both domestically and internationally in the Fiji Justice system. Whilst if they act on the report and its finding and recommendations it will have the opposite affect.
The action on the CJ to date regarding Christopher Pryde speak volumes about his capacity and motives. Conversely his appointments and actions related to Barbara Malimali, John Rabuku, Francis Puleiwai and Nancy Tikoisuva are examples of his bias.
I have my doubts as to whether anything will change unless there is earthquake inside the Government and Judiciary.
We shall see!
@Fiji Watcher -vinaka vaka levu for your analysis and perspective.
So sad to see such commentary not originating from our “freedom” loving media who all seem to lack any real analytical thought process.
Except for the gall of the shameless kai-india kailoma media head pontificating the need for Fiji media to report “fairly and without fear.”
The kai-india kailoma had to go all the way back to the Bainimarama govt to reference how media were bullied and couldn’t report fairly and truthfully. What lunacy.
This lunatic ‘journalist’ wants us to think the media did nothing wrong accepting free planes rides, tours, meals and other gifts from a the billionare granted a 7-year tax holiday by Baimaan.
Perhaps the lunatic kai-india kailoma does not have the means to report dick Naidu’s role in granting the tax break in cahoots with minister karia motar-lal batti Baimaan.
Nor did the kailoma media d-head have the means to explain why the media–including various Poopoo radio and junk TV stations –are not reporting fairly and truthfully NOW that the Bainimarama govt is gone.
Perhaps the grand tour and kaicolo plane rides and $1.7m grants did the trick for the current nitwits pretending to be a government.
Silence was easily bought. Integrity is hard work, and respect is earned.
This kai-india kailoma and all equally dumb Fijian ‘journalists’ must know they will be well advised
that we need more honesty in our public discourse.
We need news from a broad range of reliable sources acting in good faith. We need vibrant local news. We need fair, independent rules and regulations on social media platforms deliberately spreading false information instead of the online safety commission taking sides, offering selective and biased threats of prosecution (corrections drunk brawling and the porn queen are perfect examples of inaction and misdirected threats).
The challenge for Fiji is how do we get there. Fijians of all persuasions deserve better than what is being currently offered (especially politically and the true state of the economy coupled with the high coats of living crisis).
We all deserve better than a choice between cynical delusional media bullshit and cynical delusional government.
Correction: Kai India…wannabe kai loma !
Ian Simpson to verify.
To imply that CJ Temo runs the show is misleading, for, one, everybody knows ‘who is the puppeteer’, and, two, that the puppeteer has had no hand with all these gross deeds.
Good writing GD, Yes, I supported you for this COI report to be made public and all implicated in the wrongful appointment of the FICAC Commissioner should be taken to task and sacked from their jobs.
Even if the CJ is found to be the main culprit then he has to go. There is no place for him in this new Fiji – I used to like him because of his judgments of hardcore criminals, but now with the evidence that you have provided of him being the main man behind all these judicial appointments, I began to wonder what are his real motives and why he is NOT standing up as a true custodian of the LAW.
PM-SLR now has the opportunity to do the nation a singular service. And that is to release the Ashton-Lewis report, move against those adversely mentioned, restore the integrity of our institutions and begin the mammoth task of rebuilding public confidence in them.
Only then will bring the confidence back to the ordinary people of Fiji – we stand united in protecting and adhering to the LAW of the LAND, No one and NO ONE IS ABOVE THE LAW even the CJ, President or the PM – WE ALL EQUAL IN THE EYES OF THE LAW!
All eyes are on Rabuka as the nation awaits the advice he will give the president regarding the implementation of the Commission of Inquiry (COI) report’s recommendations.
More critically, attention is focused on whether he will advise the president to make the report public.
While Rabuka has previously indicated that the report should be released, there’s growing skepticism—his words often do not align with his actions.
One thing that stands out is that Fiji is going through all this because of the rogue Chief Justice. Unless he is sacked, the situation in Fiji will not change. You need an independent and intelligent Chief Justice. So far, Rabuka has protected him, but now is the best opportunity for Rabuka to advise the President to make the COI report public and take action as per recommendations made by Justice Lewis.
Oohh I would love to see high calorie Malimali issue a stop departure on Aston Judge Lewis guy. That’s when it will confirm that Coalition has really led Fiji’s judiciary to be the worst in the world. How can these guys (Coalition) ever say we are better than the previous lot. Even the supporters of Coalition are hanging their heads in shame. Bout Mandua re. Siti, oi iko sa set tiko?? Blink twice if you need help eh?
#ticktock #ge26Fiji #rolexrambo
This whole saga has been brought on by the RFMF removal of the 50 seat Constitutional Assembly from the Ghai Constitution 2013.
Given the above, only three options available to amend the Constitution
* referendum. – requirements impossible to achieve.
* Constitutionally approved Military intervention and guidance. –
– Not possible, Military does not have the courage or intellect to achieve its guidance role. We can only hope that when the State is in complete chaos and dysfunction, bankrupt of money , social cohesion and culture it will step in to protect the Amalek, but, of course, only after it has had its full serve of cannibalizing the economy.
* lawfare. only option open. to the PA Party who promised change to the Constitution in its election manifesto. So ironic that lawyers, sworn to uphold the law, officers of the court, are the tip of the spear in a criminal conspiracy and endeavour by the government. A government, all sworn oath takers, upon the Holy Bible no less, on the word of their professed God, to uphold and protect the Constitution, are conniving to subvert it.
Ian, of greater concern is that the Coalition has engaged an Australian senior counsel, Bret Walker, to argue its case for constitutional change before the Supreme Court when Walker – according to multiple sources – charges 25,000 Australian dollars a day for his services or $36,356 Fijian.
That’s right. Per DAY. And when they can’t get the national debt below $10-billion and more than half the nation lives in poverty.
It is obscene and with its chronic profligacy, the Coalition has forfeited its moral right to govern.
Does that mean that all the local ‘prominent lawyers’ and top gun legal minds like the AG, Justice Minister, SG, the CJ, former judges and the list goes on, do not have the knowledge and the brains to do this themselves?
And I always thought the iTaukei were best at everything.
Well, that is what they have been telling us.
I reckon they should engage God to do these things. Because HE knows everything and HE will do a sure shot job and it will be for free. The PM should pick up the phone and call HIM. We all know the PM has HIS direct number.
But first, the PM should tell us all exactly which problems changing the Constitution will solve apart from fulfilling his ego and the hate of the previous mob. Hate makes one go blind.
Walker, Ossie Cobber, if I may, please advise the RFMF how they can implement their Constitutional duties with the least amount of disruption to the State and its administration .
A step by step, oops, rather a Decree by Decree, 1,2, 3 how to re-establish good governance – goodwill, harmony and well being to the people, for the people.
WE, the people, need to know how the RFMF may go about its business of fulfilling its Constitutional duty as the Trustee and Arbiter of Good Governance. ( oops, no audit since for ever).
Never the less, it has a Constitutional function, maybe we would do well to make law in the regard as to how they go about their business.
Like we need to make law in regard to Section 121 of the Constitution which proscribes a Transparency and Accountability Commission. ( 11 years and counting)
If it pleases the Court, of Public Opinion, I would like to suggest the 50 seat Constitutional Assembly that was part of the Ghai Constitutional Commission, be reconsidered as part of the Fijian Republics political framework. It will allow for ongoing review of the Constitution for removal, added or amended clauses after long and hard research and debate.
Every 4 years the people get to vote for their politician and also decide on changes to their Constitution via referendum, obviously with some restrictions, that are not negotiable. ie.such as immunity clauses, so, RFMF, you can come out, come out, like a good kasikasi and Walker the Texas Ranger will be there to guide you.
Ian. I asked a senior Army officer this very question. He said they (i.e. the military) were not consulted in drawing up of the 2013 Constitution.
They can’t be expected to resolve Fiji’s political problems per 131 (2) as they were not consulted in the first place and are not equipped to do so even if they were.
Perhaps your contact was too junior at the time to be consulted. But Frank Bainimarama was RFMF Commander as well as being prime minister. And where do you think Section 131 (2) came from in the first place? In other words, the insistence that the military be the ultimate safeguards of the “well-being” of the Fijian people and by implication, defenders of the 2013 Constitution?
It came from the then Military Council made up of Bainimarama and the entire military hierarchy. So as the current RFMF leadership tries to wash its hands, Pontius Pilate-like, of any responsibility to push back on violations of the Constitution, your contact’s claim is just revisionist nonsense.
Or maybe this person thinks that in the Kubaya hugs and tears era under Jone Kalouniwai, consultation shouldn’t be confined to senior officers but the entire rank and file? Since when has any military force operated on that basis?
This is just an excuse not to do anything to uphold the RFMF’s constitutional responsibility. To do its duty. Lots of hand-washing and hand-wringing that are giving the green light to violations of the supreme law that are far from being in the national interest.
“We weren’t consulted”? Yes you were and your leaders at the time insisted on 131 (2). The fact that you don’t want to enforce it now is another issue altogether and frankly, doesn’t reflect well on any of you.
Pissant excuses as you turn a blind eye to the inexcusable prospect of the common and equal citizenry and common identity again being replaced by indigenous paramountcy. And an unforgivable betrayal of the minorities and the principle of One Nation.
Uluqalau–nonsense.
GD hit the nail again, as usual.
It’s not exactly top-secret that the rfmf are divided on the issue re: constitutional guardianship role of the very document they all swear an oath to defend and protect.
No one should then turn around to say “but, but, we weren’t consulted.”
No one was forced to swear allegiance to the constitution. No one held a gun to the head to force allegiance. People did and continue pledge to uphold the Constitution voluntarily.
The then military council not only agreed but actively participated in submissions outling what the military wanted and fmf’s role thereafter.
INCLUDING the amnesty from prosecution for all coups.
Allegiance is sworn voluntarily holding the bible and other faith books as appropriate.
Yet we never hear the itaukei (fmf is 99% itaukei) ever say they were never consulted on contents of the vulagi bible.
BTW we are still waiting on the GCC to tell the nation what their proposed 33 changes are.
Still waiting on the sona rolex snake to explain what exactly does the government want changed.
Still waiting what another current taxpayer-funded committee traveling the country – a complete waste of money – want changed. Waste of money because none of their “consulting” thus far has attracted crowds by any measure. In fact the chair has repeatedly expressed disappointment about the very low public interest thus far.
This may be the kicker–its also no secret that people couldn’t careless what the brouhaha is about the constitution.
People have far more important issues to grapple with.
Such as the cost of loving crisis. Housing. Low wages. Drugs. HIV. Unemployment. Poverty. Crime. Personal safety and family security.
Those who have pledged to uphold and defend the constitution cannot eat your babakau/keke and have it too.
How rfmf might remind the government to honor the constitution and follow the law?
Quietly. Without rancor. For example, SLR may be invited for tea or lunch at delainabua. With cabinet members of SLR’s choosing.
May be the president can host similar and invite the military brass and selected government members.
No extra judicial action necessary. Talanoa. Kana. Hugs. Masu. Tagi. Go home.
Everyone seems to associate military involvement as a coup. Not necessarily.
No matter what report comes out, nothing much will change. After all, it is Fiji.