For the first time in Fijian judicial history, a sitting Chief Justice who has been accused by a Supreme Court Commission of Inquiry of lying under oath, perverting the course of justice and abusing his office is being allowed to remain in office. And worse, now sits in judgment in a criminal trial of national importance when he faces the prospect of criminal charges himself.
It is not just any old trial but the trial of Aiyaz Sayed-Khaiyum, the principal architect of the 16 years of the Bainimarama era, who is appearing with the former Supervisor of Elections, Mohammed Saneem, and is charged with abuse of office.
It is astonishing and deeply disturbing for anyone who believes in the rule of law that a judge accused of abuse of office is to pass judgement on a politician accused of abuse of office. Yet that is the scandalous state of the judiciary in Fiji, which has been engineered by the corrupt “crocodiles in the pond” who control the nation led by the Prime Minister, Sitiveni Rabuka, and his handpicked President and high chief, Ratu Naiqama Lalabalavu.
Rabuka is keeping Salesi Temo in office as Chief Justice when if he had any respect for the rule of law, he would be advising the President to suspend him over the findings of the Ashton-Lewis COI into the Malimali affair. And the President is party to this corruption by reportedly resisting any notion that Justice Temo – to whom he is related by marriage – be stood down.
The Prime Minister has adopted the absurd public posture that he cannot control what happens in the judiciary because it is independent. But the truth is that he has the constitutional power to remove Salesi Temo in the same way that he removed Temo’s predecessor, Kamal Kumar, in 2023, putting Kumar before a tribunal to try him for misbehaviour only for Kumar to die suddenly on the morning that tribunal was to sit.
Rabuka has allowed the story to get around that it is the President who is insisting that Justice Temo remain Chief Justice and he can’t tell him what to do, whatever the constitution says, because Ratu Naiqama is his high chief. Yet all the signs point to an unholy alliance between the Prime Minister, the President and the Chief Justice to keep Salesi Temo in place at all costs.
Why? To complete two agendas that are foremost in the minds and priorities of all three men. To change or jettison the 2013 Constitution and replace its provisions for a common and equal citizenry with the indigenous supremacy enshrined in the 1997 Constitution. And to make sure that the principal architect of the 2013 Constitution, Aiyaz Sayed-Khaiyum, goes to jail and cannot make a political comeback.
As Chief Justice, Salesi Temo could have allocated Khaiyum’s case to any other High Court judge. Yet he has kept it for himself, even at the expense of a collective jaw-drop in the community at the spectacle of one person being accused of abuse of office sitting in judgment of another accused of precisely the same offence.
As provocations go, it doesn’t get more serious. Yet the mere fact that Temo, Rabuka and Lalabalavu seem prepared to weather any storm over Temo conducting Aiyaz Sayed-Khaiyum’s trial tells us how important it is for them that the former attorney general is nailed. Just as it is critical for them for Temo to be kept in place to maximise the chances that the upcoming Supreme Court hearing on whether the 2013 Constitution can be changed or junked goes the Coalition’s way.
It is the rule of law in Fiji reduced to no better than the Spanish Inquisition. Aiyaz Sayed-Khaiyum doesn’t have a snowflake’s chance in hell of getting a fair trial. His lawyer, Devanesh Sharma, will doubtless make an application for Salesi Temo to recuse himself. And this will doubtless be denied.
The Chief Justice has already displayed bias against Khaiyum’s patron and partner in government, Frank Bainimarama, by overturning the relatively lenient sentence imposed on him by Resident Magistrate Seini Puamau and sending him to prison for a year. That removed any chance of Bainimarama making a political comeback. And now Temo’s job is to repeat the exercise and send Aiyaz Sayed-Khaiyum to prison for at least the same length of time to prevent him from standing at the next election.
The nation must demand that this kangaroo court be disbanded and that Aiyaz Sayed-Khaiyum’s case is transferred to another judge. It is clearly the job of the opposition to do so but also the military under Section 131 of the 2013 Constitution ( and the 1990 Constitution before that ) that cites its duty to “ensure the well-being of Fiji and all Fijians”.
The RFMF Commander, Major General Ro Jone Kalouniwai, recently used this provision to insist at a meeting with the Prime Minister that he release the Ashton-Lewis Report and implement its provisions. And he must now use that authority again to address the breakdown of all accepted standards in a Chief Justice not only remaining in office when he stands accused of perjury, obstructing and perverting the course of justice and abuse of office but presiding over the trial of Aiyaz Sayed-Khaiyum.
The “well-being of all Fijians” includes the right to a presumption of innocence when accused of serious crimes and a fair trial. It is, in fact, arguably the most important right of all. And in Fiji, that principle is being trashed. It has the gravest implications for confidence in the rule of law, including investment decisions on which the nation’s economic security depends. Because who wants to put money into a country in which the head of the judiciary who controls the courts is so hopelessly compromised?
Aiyaz Sayed-Khaiyum is unarguably a divisive figure. Some Fijians hate him and want him punished, others pine for his return after the debacle of Coalition rule. Many forget that FijiFirst got more votes than any other political grouping at the 2022 election and the current government assumed office with a majority of just one seat on the floor of the parliament. Yet none of that matters in terms of this court case. Like every Fijian, Khaiyum, the individual, deserves a fair trial and he is not going to get it with Salesi Temo as judge.
The evidence is growing by the day that the nation is now under the control of a corrupt triumvirate of Rabuka, Lalabalvu and Temo who are manipulating the law, along with everything else, for their own purposes. With their control over the courts, the ODPP and FICAC, the misuse of power now being deployed against Aiyaz Sayed-Khaiyum could just as easily be turned on anyone. And that is a terrifying prospect for any Fijian who not only finds themselves on the wrong side of the law but the three individuals in question.
What is happening must be resisted. We must fight collectively to protect the principle of an independent judiciary or all else is lost. We are already on a slippery slope to authoritarian rule by an unaccountable elite. And we look to those who are in a position to protect our rights to stand up to this outrageous assault on democracy and the rule of law.
In a sense, we are all Aiyaz today. Because his rights are our rights. And we must use our democratic rights while we still have them to say “enough is enough” and bring this shocking farce to an end.
And to think that some of the nation’s most prominent lawyers can’t be relied on to defend the rule of law. The President of the Fiji Law Society, Wylie Clarke, also stands accused of conspiracy and obstructing justice in the Ashton-Lewis Report. His response? To attack the Judge and say publicly that the state of the judiciary has never been better.
Other lawyers are fighting back at Wylie Clarke, including the former Law Society President and budding politician, Dorsami Naidu, who accuses him of attacking the rule of law.
The COI findings against Justice Temo:
The findings against Wylie Clarke and the other lawyers present when Justice Temo – through the Chief Registrar, Tomasi Bainivalu – told Francis Puleiwai that no charge she laid as FICAC deputy commissioner would be heard in any court in Fiji.
I don’t know about you, Fiji, but I think it is astonishing that Wylie Clarke is still the Fiji Law Society President. Perhaps it’s a question of the wheels of justice turning slowly but his position is clearly untenable.
A disgusting display of ‘Do as I say, not as I do’ from Temo The Terrible.
Surely even Rabuka, the gormless fool that he is, can see that this charade is doomed to failure and when sanity eventually prevails and justice is carried out to remove this compromised and corrupt CJ, all of the legal work that Temo adjudicates on will be appealed and overturned.
No one in their right mind puts the Fox in charge of the hen house!!!
Sorry, probably grossly overestimating the state of mind of the the other two involved in this debacle.
In a now free Fiji, people are free to make the laws as they go. In their own land, no vulagi should be telling the people what to do and how it is done. Everything will be done the iTaukei way. Local tradition, culture and protocols will be followed – not the foreign way.
But a vulagi God is watching and we pick and choose what is suitable and appropriate at the time depending on the circumstances, who is involved, when and what the end goal is. Who gives a shit about what a vulagi Commissioner says in his report! Just ask the people on the street.
All the endless vulagi charity from Australia and other countries should keep on pouring in because Fijians are entitled to such charity because they are a vulagi God’s chosen people.
They are entitled to remain arrogant and racist because that is the way of God. It is not me who is saying this – just ask the GCC and everyone else on the street. Ask the President, the PM, the CJ and those in the ODPP and senior civil servants.
The people love this government and the booming economy. They will now wait for the Budget today and things will get even better.
So the following is the remedy GD;
1) Get Christopher Pryde who never even never prosecuted a chicken theft case in magistrates court BUT as earlier someone said that CP was just an arm chair prosecutor. From being SG to DPP is a miraculous promotion – thanks to KAI.
2) Get Pulewai who was acting acting in bad faith as head of FICAC. If one looks at Bimans allegation, it was just a failure to declare his financial interest, there was no gain or loss to the Government. Offences like that should have been strict liability with hefty fine and not through criminal sanction, yet so much hype on this.
In fact the failure to declare financial interest under Political Parties Act was made by the Bai regime to keep a tab on who is funding their rival political parties and personal financial positions of politicians in order to victimize them from FIRCA on tax or through their lapdog previous FICAC HEAD Aslam or Dobby the house elf, Saneem and now compare this with other serious allegations against other prominent politicians that is before the court, like Bai and Kai on the charge abuse of office through corruption. This is a serious allegation of financial mismanagement of public funds on both of them.
3) For that Bimans allegations and the subsequent COI report predominantly based on hearsay evidence, you want military to invoke section 131 of the Constitution to remove a democratically elected government and perhaps replace it people who are still facing more serious allegations than Biman.
Wow, excellent. Lets for a moment don’t spew venoms and think objectively and realistically as to what is happening and what we seeking.
Is that what you regard as an “objective and realistic” appraisal? These people promised better yet have delivered worse. And now the most important institution of state – the judiciary – is being trashed. Get a grip.
Section 131 (2) should be used to resolve this problem.
Promoting or inciting treason to resolve a problem is not the way to go.
Be careful what you wish for.
Is anyone surprised that wylie coyote, Amani mad dog bale, laurel sneaky vaurasi and tuifagalele saw it fit to “uphold the law” and to do things the “legally correct way” by protecting barabara malimali from being charged but are now quiet as church mice as the corrupt chief justice presides over an abuse of office case whilst being accused of abuse of office and other serious allegations himself? Where is the collective outrage against the breakdown of law and order now? Why so much blatant hypocrisy? How can these corrupt legal eagles look at themselves in the mirror?
The whole case before temo yesterday was a hilariously conspicuous set up between the dpp and temo. Temo contradicted himself about the law many times in the proceedings and even took on the role of a medical doctor by saying that aiyaz didn’t look ill and in fact looked very well from what he could observe! WTF! Is temo now a f**king medical specialist?
This whole case will be a farce and temo the thug will break every law and breach the constitution numerous times in the course of this case just to fund aiyaz guilty. You see these are the orders from the top mad dog baritone buka the baku. Again..buka must die without delay if our country, our people and our institutions and economy is to be saved. The head of the snake must be cut for fiji to become free from such corruption and outlaws.
In the meantime I’m not holding my breath that other members of the law society or the poofter miltary or the stupid NGO’s, or spineless politicians, who don’t want fiji and the judiciary to slide into anarchy will actually hold a press conference and declare to the nation and to the invited diplomatic community that we are now officially in the middle of a constitutional and judicial crisis and that fiji is poised to get irreparably f**ked economically and socially. We are done as once proud and amazing nation….that is, unless rabuka dies very soon. He must die now for fiji to be saved.
Just wondering how it is possible for anyone but Temo to look so butch and gay at same time.
Just take a look at his photo..wig and hankie with a splash of red but with a thuggish scowl perfected in suva’s crime underbelly.
Maybe he’s in the closet? You know the macho type in Fiji who refuse to accept they are gay cos they are only givers and not takers.
Areh man, kuni leqa, worry nahi karo, don’t worry professor Biman Prasad to the rescue today with his budget address. He will save Fiji. Fear not!
GD
I am surprised that the ‘Bar Codes” of the Lawyers’ professional, the Fiji Law Society on their own volition hasn’t suspended the practicing certificates of Messrs Temo, Clarke, Rabuku and others, or instituted disciplinary hearings in respect of their conduct as referred to in the CoI’s report. The lawyers belong to a professional body (the FLS) which regulates their conduct and capability and any misconduct by them needs to be investigated otherwise the public will loose confidence in them, or their actions could undermine or bring disrepute to their own professional body. But this ain’t happening and I wonder why!
Fiji is doomed, everybody involved in the COI report are walking free with their heads up while the innocent until proven guilty are keeping their heads down. FYI – the most hated Indian in NZ has emerged from Facebook wilderness, reinvented his posts ( ie deleted all political posts in his timeline ) and now open to the public – yes MR 15% Parmesh Sharma is back in the public domain after hiding under his wife’s skirt after the belting he got from grubsheet and their contributors ( still holds 70+ comments record in one post here ) – he also feels untouchable, entitled and privileged yet he still is the most hated Fiji Indian in NZ.
Lawyers in Fiji need to crawl out from under the rocks and stand up for the proper administration of justice in Fiji.
Really keen to learn of Charlie, Wylie, Richie and their lot’s reply to Dorsami.
Anyway, DPM Prasad’s address today will highlight the Coalition’s achievements, budget deficit, finger pointing at global events etc. but hardly anything on public expenditure cuts including the new SUV for CJ. Then PM will repeat lots of that crap at the Press Club in Canberra next week. More daily travel allowances!
Then our donors will provide budgetary support and government abuse continues, while corruption and numbers below the poverty line grow unabated.
Toso Viti Toso!
No more excuses! No more trying to delay justice! No more running off overseas for medical treatment. It is finally time to face the music.
His dummy did his time in prison,, now, its the puppet master’s turn. Him and his lap dog, Debbie!
Throw both their sorry arses in prison!
Yep, you are right out of the Spanish inquisition, the French revolution or any number of instances in which the mob bays for blood without realising they could be next. Lawless moron.
What do you think is going to happen after a change of government to this lot?
All in due time. These lot first, then the current administration. Nobody, but nobody, runs from the law!
“The wheels of justice grind slow, but grind exceedingly fine!”
Seti seti you lying boci. You just want frank and co in jail and no one else. If you really wanted the current chaotic and corrupt lot to face the law as well then why would you want them to wait for their “turn”? Why not just get them all together right now?
Stop your bullshit double standard speak…I smell the foul smell of rabuka’s ethno nationalist sapo. Go back in his sulu pls.
Typical Flip Flop Party sapota!
Idiot!
“In a sense, we are all Aiyaz today. Because his rights are our rights. And we must use our democratic rights while we still have them to say “enough is enough” and bring this shocking farce to an end.”
As usual, GD delivers yet again. Succinctly and truthfully.
We are reminded once again that the words penned by the German Lutheran pastor Martin Niemöller (1892–1984):
First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me
____________
Niemöller indirectly condemns complicity of intellectuals and clergy, and the riae of rulers who abuse power and allow the subsequent incremental purging of their chosen targets. –Paraphrasing Wikipedia.
What shameful shambles we now have of our once vibrant media industry.
Now we see a total disgraceful lack of honesty, reporting with zero analytical skills, and a horrible lack of knowledge and know-how to accurately report on issues of national interest, the law, and proper governance.
The justice system in Fiji has collapsed and racism is on the rise. The army commander needs to have his say. We now have a very racist judicial system running. We need help.
The rule of law is not at all in the picture in this terrible miasma of revenge and horror politics. Just how badly we are being treated and how easily we have caved into all the illegal manoeuvres as a society is frightening.
1. Temo as CJ and Chair of JSC appointed John Rabuku as DPP. The Supreme Court said the appointment was illegal. Temo refused to recommend to the President to revoke the appointment and brokered a deal with Rabuku where he was paid off and resigned.
2. Temo suspended Christopher Pryde. Then called him a thief in the Tribunal proceedings. The Tribunal found no evidence of theft but upheld the evidence by PS Finance on the gratuity and allowances paid to Pryde.
3. Temo labeled Bainimarama’s sentence being a discharge without conviction invalid. He said Seini Puamau should be charged for contempt. He then quickly realised that under the Constitution she acted as a fair judicial officer and could not be charged. He then overturned the Puamau’s sentence and sentenced Bainimarama and Frank to prison.
4. Temo as chair JSC appointed Barbara. The COI held that Barbara’s appointment was invalid.
5. Temo told Puleiwai to resign or be charged with abuse of office. COI found Temo had breached his powers and Puleiwai should be reinstated.
6. Temo held the view that Puleiwai as Deputy Commissioner FICAC could not sanction charges against Biman when Barbara took office as Commissioner FICAC. COI found Puleiwai had the power to charge.
7. Temo directed CR and Registries across Fiji not to accept any charges sanctioned by Puleiwai. COI found Temo had no powers as CJ to give such a directive.
8. COI recommended that Temo should be charged for abuse of office and other offences. No action taken since the release of COI’s recommendations to the President or Rabuka.
9. Temo is now handling Aiyaz and Saneem’s Trial. The only High Court file that he is handling is this one – a Trial file – while under investigation by the Police – or so we are led to believe.
This is the state of affairs in Fiji.
A brilliant summation of the conduct of a corrupt rogue. A sad state of affairs, indeed.
It is imperative that the Prime Minister comes clean with the people of Fiji and discloses precisely what advice he has given the President regarding the serious allegations against Chief Justice Temo, following the findings of the Commission of Inquiry.
If the Prime Minister has advised the President to remove Chief Justice Temo and appoint a tribunal to investigate the allegations, then the President must explain to the public why no action has been taken. The silence is unacceptable.
Conversely, if the Prime Minister has advised against taking action, then the public is entitled to a clear and honest explanation from Mr. Rabuka: why was Chief Justice Late Kamal Kumar removed with such urgency, yet Chief Justice Temo remains untouched?
This raises a grave and troubling question: are the Prime Minister and the President colluding to shield Chief Justice Temo—and possibly others, including Cabinet Ministers—from accountability?
The Prime Minister must stop hiding behind silence and demonstrate real leadership. The people of Fiji deserve transparency, consistency, and above all, justice.
Vinaka, Dan. Also spot on.
Meanwhile Biman delivers a Khaiyum Budget. He delivered exactly the budget he criticized in opposition. Once in government he delivers a Khaiyum budget – except on a bigger scale. Baiman is the joke of the century.
Indeed! The Fiji media is already singing the praises of the budget without any proper analysis, which they are incapable of and also because in this budget Biman has showered them with taxpayer money to continue their propaganda work for the government. It’s up to Grubsheet to show up the fallacies in this budget and how it’s just another Khaiyum budget – except more of it is operational costs and less on capital expenditure, which to his credit was the focus of the Khaiyum budgets. Biman has come up with a cheap imitation. Shame on him.
I thought I had stated it clearly in my post further up the reasons the PM and the President are being recalcitrant. This is iTaukei land, they will do as they wish, they will make and break the laws as they see fit and no one should be telling them what to do in their own land. They are entitled, they are arrogant and most of all they are racists. Who gives a shit what a vulagi Commissioner recommends in his report. I am not saying this. Ask the President and the PM and ask the people on the street. Vulagi legal processes are not relevant in Fiji. Ask those in the ODPP as well.
Unless someone has another explanation?