The Prime Minister, Sitiveni Rabuka, and his Attorney General, Graham Leung, face the mother of all decisions now that they have the advice from the New Zealand King’s Counsel, Professor Philip Joseph, that the Chief Justice, Salesi Temo, and the Judicial Services Commission have the legal authority to suspend the FICAC Commissioner, Barbara Malimali, after she fired a witness at the current Commission of Inquiry into her appointment – her chief investigator, Kuliniasi Saumi.
The advice has also gone to the President, Ratu Naiqama Lalabalavu, but he is a figurehead as Head of State who takes his advice on legal matters from Salesi Temo as Chief Justice and can be expected do as he is told. Sorry, advised. Which will undoubtedly be to reject the Professor’s opinion and defy the wishes of the COI to remove Malimali because, among other things, that is in the interests of the Chief Justice, who faces humiliation if the advice is accepted.
All of which places the ball very much in the court of the Prime Minister and Attorney General, who also have the power under the Constitution to advise the President. Are they willing to send a message to the world that whatever the law says in Fiji, it can be ignored when it doesn’t suit their purposes? The Counsel Assisting the Commission of Inquiry, Janet Mason, certainly seems to thinks so, judging from her comments in today’s Fiji Sun.
If what Janet Mason predicts is true, then the rule of law in Fiji will have all but collapsed, with all that will mean for confidence in the criminal justice system on the part of the Fijian people and more particularly on the part of the international investment community, for whom respect for the law is a big part of any decision about where to put their money.
We have already seen the prominent lawyer, Jon Apted – a traditional Coalition supporter – say that he can no longer recommend that foreign investors put their money into Fiji because of the punitive nature of proposed industrial relations laws that make criminals of employers in showdowns with the unions.
Imagine how much more serious it would be if the rule of law in Fiji can be bent to the wishes of a rogue Chief Justice perceived to be acting for the current political establishment? So it is no exaggeration to say that what happens in the coming days will determine a great deal about the future of the country.
It is simply gobsmacking that national stability and confidence in Fiji is being sacrificed to keep Barbara Malimali in place. Are Sitiveni Rabuka and Graham Leung really prepared to take us to the brink to prop up their stooge who has quashed a slew of investigations into government ministers? To defy the rule of law and reject the advice of an internationally-recognised expert who says that Salesi Temo is just plain wrong to claim he can’t suspend her?
One of two things will happen in the coming days. Sitiveni Rabuka and Graham Leung will either back Salesi Temo and defy the law, triggering an unprecedented crisis. Or they will succumb to the inevitable and insist that Temo obeys the law and removes Barbara Malimali. If that happens, not only will Malimali go but the CJ’s position will be untenable and he too must go – either resign or be suspended under the Constitution and a tribunal convened to try him for misbehaviour.
Justice David Ashton-Lewis – the man down at the Commission who Grubsheet has labeled the Obi Wan Kenobi of Fiji because he has emerged as our only hope against a rogue Chief Justice – is holding a powerful hand. Very soon he will be sending his findings on the “rotten” circumstances of Barbara Malimali’s appointment to the President.
Ratu Naiqama isn’t obliged to release that report. But if he and those who advise him – the Chief Justice, the Attorney General and the Prime Minister – decide to suppress it, it will undoubtedly trigger a public furore. And unfortunately for them, the findings will trickle out anyway. While the hearings have been held “in camera” and the proceedings declared secret, too many people know what has emerged in evidence and as the old saying goes, truth will eventually out.
Grubsheet, for instance, isn’t alone in possessing a transcript of the “smoking gun” recording taken by Kuliniasi Saumi at FICAC headquarters on September 5 last year that got him fired. The contents are explosive and point to a conspiracy to remove the deputy FICAC Commissioner, Francis Puleiwai, to throttle her investigations by parachuting Barbara Malimali in over the top of her.
While that transcript cannot be published while the Commission sits, rest assured that if the COI’s final report is suppressed, you’ll be reading it here and there’s not a damn thing anyone can do about it, short of having me extradited from New South Wales to face trial in Fiji.
So that if the Prime Minister and his Attorney General have any sense of self-preservation, they will come down on the side of the rule of law and let it take its course. Or be exposed and be forever damned for presiding over a cover-up. Empowering and enabling a Chief Justice who has long been an outlaw and must be removed if the rule of law is to be upheld. And risking their own reputations as hands in the glove of His Lordship in a conspiracy to subvert the rule of law in Fiji.
UPDATE:
Now here’s something totally bizarre – the Fiji Times “Back in History” page today shining a spotlight on Francis Puleiwai – the heroine of our times at FICAC – when she was starting out in the law back in 2006 – 19 years ago – and was a contestant in the Miss Hibiscus competition.
Is the history page independent of the rest of the paper, a backwater where a subversive member of staff can remind us all of the integrity of someone who the establishment would prefer us all to forget?
Read the following and be amazed…
Francis, you’ve made a difference alright. What a legend!
Just as well one of your interests as a young woman was travelling. Because it is undoubtedly getting you used to living in exile in Australia.
Grubsheet can say, having read the transcript of the “smoking gun” meeting at FICAC on September 5 last year, that Francis Puleiwai – plus the sacked chief investigator and FICAC’s legal chief – are the only ones who emerge with their credibility intact.
Vinaka, Fiji Times, for shining a spotlight on Francis just when we need to remind ourselves that there are people in the criminal justice system – and iTaukei to boot – who are men and women of principle and integrity.
They must be brought back to the centre of national life in our institutions of state to help put a stop to Fiji’s unrelenting plunge into darkness under the Coalition.
The “Commission of Inquiry” (CoI) was set up by the government of Fiji, which has supreme authority in all aspect of legal jurisprudence over the “Malimali” affair and yet when the CoI suggested Malimali’s suspension the government failed to act upon their recommendation. Now it is revealed that there is a similar recommendation to suspend Malimali from an eminent King’s Counsel, from NZ. Legally, the Court of Inquiry is a quasi-judicial body exercising judicial functions and has supreme authority on adjudicating matters before it as set up under the Constitution of Fiji. In my opinion, therefore, any legal advice given by an outside body may carry less weight compared to the legal powers vested in the CoI.
So, when the government of Fiji decided to ignore the CoI’s recommendation to suspend Malimali then I just wonder what kind of weighting the government of Fiji’s untouchables will give to a legal opinion from an outsider from NZ?
Frankly, I am predicting that this vindictive and nasty bunch of untouchables wouldn’t give a toss about any legal opinion or recommendation to suspend Malimali. Let’s hope that I am wrong!
Janet Mason has more courage and integrity compared to so many self proclaimed champions of human rights and rule of law in Fiji. Janet stands out from the so called legal experts and has said what many locals should have. It’s no surprise that Leung sold his soul and has no integrity. This is confirmation that Leung is only there for self gain. He doesn’t care about the rule of law that he harped on about prior to elections. Richard, Jon Apted, Wylie and his Law Society so called defenders of the rule of law have all crawled back into their holes. How time has revealed the true colors and intentions of these “champions of democracy”.
If only we could have people of the calibre of Janet Mason in Fiji, preferably in place of Leung or even Temo, imagine how much better our country would be. A lady of integrity, courage, and with high ethical and moral standards.
You’ve rattled the system and shaken the Coalition to its core over the last few weeks.
I salute you Madam!!!!
Concurred with your assessment 200%. This bunch of local lawyers are not there to protect us the ordinary citizens of this beloved nation, Fiji, but their own interests and political affiliations. It takes a strong lady from the jungle of Nadrau in the mountains of Colo-Ba-Nadarivatu (Janet Mason’ great grandmother hailed from there) to stand-up for the RULE OF LAW!
No wonder our nation does not have a KC for the last 55 years since independence, it shows that our lawyers are ALL BUSH & PORN LAWYERS, this must be stopped asap if our country is to progress as a modern great nation of the Pacific…I also held high regard for CJ, Temo, and Graham Leung, but this COI has exposed them all as not the true guardians of the LAW OF THE LAND but full of hatred, politically influenced and do not fear the Living God Yahweh Commandments…
Isa o Viti….the ball is in the PM and the President’s court now to uphold the RULE OF LAW in our beloved 320 islands known as the Republic of Fiji…
GE 2026 will be very interesting and will dependent on the rule of the LAW advocates and non-advocates with political motives and abominations…
Vinaka vakalevu for the information about Janet Mason’s antecedents. I have my reservations about her arguably being overexposed in the media but there’s no doubting her courage and resolve. The Princess Leia to Obi Wan Kenobi, Justice Ashton-Lewis.
Can Fiji have a KC being a republic now since 1987?
The first matter of a referendum must be to decide whether Fiji return to being a commonwealth realm, since the current PM didn’t ’consult’ the people of Fiji when he unilaterally decided in 1987 to make Fiji a republic and abrogate the 1970 constitution.
(How time has revealed the true colors and intentions of these “champions of democracy”.)
This list must include shameless NGO ladies of the night reclaiming BS who will not be mentioned by name just so to boost their inflated egos and misguided sense of self worth. Hang your collective thick heads in shame!
And the rats at USP teaching “journalism.” Crooked talking fake itaukei accent radio eunuch and his entire employees and employers. Butt Times, online media and the fake kailoma kaiindia. Hang your collective thick heads in shame!
The entire NFP and all the traitors and eunuchs therein. Hang your collective thick heads in shame!
When there is no rule of law, when there is two sets of law -one for the current goverment and all elites riding on the coattails of the Snake–remember this: your day will come.
Remember too: when you ride the tiger of racism, hate, bigotry, and corruption for a few pieces of silver, beware of being eaten alive when trying to jump off.
The AG/CJ/FICAC/racist baboon of just-us ministry/ODPP/SG/State House/PM and all his cabal of greedy racist bigots–Hang your collective thick heads in shame!
To all those who come on this blog to support this vile cruel government full of self serving greedy soulless men and women, hang your collective thick heads in shame!
To those that claim to be bored, or think GD is beating a dead horse, or direct personal vitriol at GD, please know this is not a site for small talk. Some humour helps, sure. However, if your brains are unable to comprehend the enormity of the judicial and government misconduct, the blatant and repeated disregard for the Constitution, and what it spells for the country’s future –go away and play school yard games elsewhere.
The fact that the Snake and many of his cohorts take shelter from treason prosecutions under the same Constitution is lost on you all who wish to “change” the document. Change the immunity clause!
Let the fun begin, then.
Are they willing to send a message to the world that whatever the law says in Fiji, it can be ignored when politically inexpedient?
Absolutely. It’s not a question of ethics or moral conscience. It’s all about money, corruption and race. The greed for money and the need to ensure iTaukeis hold all the key positions has corrupted these people.
Temo has been placed into the position simply because Rabuka knows he is one person who would simply defy the laws and obey what his master instructs him to do. The judiciary is not an independent body under Rabuka’s rule. It is an arm of the government which has been instructed to persecute other races and anyone who this filthy lot do not like.
Apted is quite right if he has taken up the flag to deter investors and expose the corruption within the Fijian legal framework. Sites such as this must continue to expose the true situation in Fiji and ensure investors are not lured there under false promises. Tourists should not rely on official government channels to find out if Fiji is safe or not as they are not relaying the true situation there.
Fiji is an incredibly corrupt and dangerous place to go to, similar to some other Pacific island nations where your life is not worth a dime if you’re a different ethnic group or don’t have enough money to keep the people in power happy.
The COI will deliver its result and it will in all likelihood be ignored with the disgusting CJ and Rabuka spinning some rubbish to justify why Malimali will stay on.
It’s also very likely Rabuka will return in 2026 because other ethnic groups, including Indians are leaving in droves. They have no future and know their children’s future is no longer guaranteed. Fijian elections are never fought on the basis of which party will genuinely help the people; rather, it is always fought on racial grounds, which means the iTaukei will ensure Rabuka is voted back in.
Chief Justice Temo is politically motivated and needs to be removed. Sad day for Fiji.
Who stands to benefit the most in Fiji and amongst Fijians from not listening to legal advice?
Whose legal opinion will trump Kings Counsel? How will they justify it ?
Why does the President and Prime Minister allow a COI and not take its recommendations to remove the FICAC Commissioner from interfering during the due process of its work ?
Why is there an inability to uphold due process and rules by the officials in the JSC?
Why is the Chief Justice so prejudiced ?
And more importantly how and why is the CJ allowed to carry on in his role when we can all see from his demonstrated behaviours that he is politically influenced?
Can we Fijians trust we are safe and our families will be safe , our assets and investments are safe, if the very people who are there to oversee justice , laws and its independence and application are no longer impartial ?
Inscribed on our Fiji Coat of arms are the words “Rerevaka na Kalou ka Doka na Tui” meaning “Fear God and honour the King”
May we all reflect on this motto as we navigate the dark times our nation has fallen into.
May God give us strength, grace and wisdom to gracefully endure these dark and trying times.
God Bless Fiji
Stay strong Fijians … we have to survive to make our votes count …
Bring on the 2026 elections!
What a crisis this country is in right now.
Where is RFMF Commander?
Isn’t his role to uphold the law of the land with the pedo President?
Giving everyone a hug and reconciling.
The best outcome for the country would be to remove Temo, the ineffectual AG, Malimali and Rabuku and install Christopher Pryde as Chief Justice.
Give him the choice of DPP and assistant and let them clean out the dross in that office. Then allow him the choice of who is left to put things right at FICAC. Find a suitably qualified AG and get this country on the right track to normality,
Will that happen? Of course it won’t. Because this is Fiji and no one in power can see the wood from the trees. They will blindly follow the path to self destruction and keep on ruling with an iron fist.
God help this country because those with the ability to do it certainly won’t.
The best outcome for this country is to remove Rabuka.
I’m trying hard to tap into my wildest imagination, and still struggle to see the powers that be do the right thing here.
The COI findings if adverse to the establishment will be ignored. The problem in Fiji is everyone is mates with each other so there is no way to make people in senior positions accountable. ‘All in the soup’ as someone described to me so no one in Fiji of prominence is speaking up.
GD our country would be a better place if we had people like you in government and not these clowns.
What people forget in this whole saga is that “This is Fiji, this is iTaukei land, we will do as we please in our own land and vulagis are not welcome and can get stuffed. Who the hell are vulagis to intefere in the way we want to live in our own country. After all we wrested government from the vulagi after 16 long years”.
That is the mentality and that will be the mentality from the pedo President, the dickhead PM to the crooked CJ and the vast majority of Fijians. Assisted by Baimaan and a lot of self-serving ‘prominent lawyers’ who are very silent including the AG. But that is what happens in a true Third World, third rate banana republic and the third rate people of Fiji are proud and will vote for this circus again. Anything to keep the vulagi at bay.
That is the issue, not legalities.
The BOMBSHELL answer is NO. The rule of law does not apply in Fiji.
The delay in passing the judgement from the President is giving time to Malimali to remove, destroy, or burn critical data and information from the FICAC office. We can now assume that the whole system from President of Fiji to the FICAC office are all corrupt.
It is now time for the Fijian military, as custodian of the 2013 constitution, to step in and remove rotten people from the very senior position. If this is not done immediately, then future generations will be at risk.
Couldn’t agree with you more, GD.
We will see what happens. But if the advice from the KC is ignored, then it is confirmed that everything happening in Fiji is a farce. The Coalition government has repeatedly proven that it has a completely incompetent Attorney General ( past and current) and an equally inept Solicitor General, both incapable of interpreting even the most basic laws. The Interpretation Act is crystal clear, yet they fumble at every turn.
It is deeply disturbing that this government surrounds itself with questionable characters like Leung, Siromi, Temo, Green, Malimali, Rabuku, Nancy, and others. How can anyone expect the country to move forward when so much time and money have been wasted over the past two years on tribunal, COI, politically motivated prosecutions, court rulings on eligibility for key positions and so forth?
One thing is absolutely clear- so long as Rabuka, his appeasers like Biman, and their cronies are in power, the law will be bent to suit their agenda, regardless of its correct interpretation.
Fiji’s legal system has been compromised since the Coalition government took over, and the situation is only worsening. Yet our regional and international as well as bilateral partners seem oblivious to this reality. Are they truly unaware, or are they simply turning a blind eye to serve their own interests? I know they would say that they can’t interfere in Fiji’s sovereignty, but they have the say in terms of grants and assistance for which they are answerable to their taxpayers.
The erosion of legal integrity and the government’s reckless disregard for due process directly undermines investor confidence.
Perhaps most shocking is the silence of the Fiji Law Society (FLS), its President Wylie Clark ; and Richard Naidu. Have they lost their voices? FLS has become irrelevant, and its office bearers have failed the legal fraternity. It’s time for FLS members to demand accountability and reclaim the integrity of their profession.
Fiji is heading down a dangerous path, and unless real accountability is enforced, the legal system will continue to serve political interests rather than justice.
So where is the Commander of Fiji Military Forces. Does he know what his role is under the constitution?
If CoI is happening behind closed doors, doesn’t the regular updates by Ms Mason compromise the integrity of this inquiry?
I acknowledge that she is highly respected. However, Ms Mason is not the Commissioner investigating and hence how is she authorised to divulge what is happening in confidence?
If she was counsel supporting an independent commission of inquiry in NZ, this would be unprofessional conduct.
It just adds more drama to an already sordid saga.
Barbara is that you???
Ms curiosity, maybe, just maybe, Ms. Mason as assisting counsel to the coi commissioner has the commissioner’s permission/consent speak publicly?
Ms. Mason did not reveal the CoI deliberation in any detail. No mention of who said what before the CoI, or who appeared or did not appear.
Address the issue Ms. Mason raised about government and state house possible reluctance to act on the CoI findings and make them public without fear or favour.
Address the KC’s advice that our dunderhead CJ should and can constitutionally suspend Aunty Titti FICAC barbwire.
Who CREATED this “sordid saga?” I’ll stick my neck out to say it was NOT Ms. Mason.
@V4Vendetta…nah, she is an embarrassment to hard working professionals 😭.
@Fudge…just because the current office holders are duds and lacking in integrity doesn’t mean CoI follows similar ill discipline. The Commissioner is the authority and as such he should make any media statement…it is his investigation and no one else.
The counsel assisting role is management and administration of inquiry processes and procedures so it holds up to scrutiny and any legal challenges, development of investigation strategies and programs of investigation, proper and effective conduct of commission hearings and assist with report writing.
I have not seen any communique or instrument where the commissioner has appointed counsel assisting to be his spokesperson.
We all want to investigation to be strong and robust so that holes cannot be poked or report weakened. This will really add pressure for government to take action.
So Justice Ashton-Lewis confirmed today that they’re aware there has been a meeting between the President, PM, CJ and Barbs at the CJs office (Fiji Times video interview today). I wonder what they could be plotting.
They had a farting contest.
Vinaka Francis.
From afar, many women with integrity hold you in high regard.
We keep you and your family in our prayers and thoughts.
You are paying a huge sacrifice and I hope justice prevails in the land of lawlessness.