Despite being demonstrably biased and pre-judging the appeal case against Frank Bainimarama and Sitiveni Qiliho, the Acting Chief Justice, Salesi Temo, refused to stand aside from the case on Thursday and he will re-sentence the pair next Thursday, May 9, at 11.00am.
The stage is now set for both men to go to jail, which has all sorts of implications for national stability, not least because elements of the RFMF have previously said they will not accept their former commander and the ousted prime minister being imprisoned.
The Assistant DPP, Laisani Tabuakoro, said the application by counsel for Bainimarama and Qiliho for Justice Temo to recuse himself in the case brought by the ODPP against the leniency of the magistrate’s court sentencing was an attempt to scandalise the court.
No, the real scandal is the stitch-up that is now occurring, which has brought the criminal justice system in Fiji into grave disrepute.
A separate scandal is the manner in which the Fiji Times has downplayed the extraordinary events in the High Court and their potential consequences.
There is no mention of what happened until page 7 of Friday’s Fiji Times, with a great deal of inconsequential rubbish preceding it. (see page 4 below)
Fiji is no longer well served by its Acting Chief Justice or the nation’s traditional newspaper of record. The former lacks basic legal judgment and the latter lacks basic news values. And in both instances, it is a national tragedy.
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Momentous news relegated to page 7 of Friday’s Fiji Times in an astonishing act of journalistic corruption.
A worthless rag that wilfully distorts the news.
And when I say inconsequential rubbish, I mean inconsequential rubbish. It beggars belief that this is page 4 of Friday’s Fiji Times and the Bainimarama-Qiliho case doesn’t make it until page 7. If this is not the basis for a complaint to the Fiji Media Council, then what is? Legitimate news is being deliberately distorted.
And if that isn’t bad enough, Editor Fred Wesley weighs in on the issue of media freedom in an editorial that is positively Orwellian. This man has the gall to talk about editorial integrity! Wesley and his miserable team are a disgrace to journalism and totally beyond the pale.
Back to coverage by the grown-ups.
The Fiji Sun carries the story on Page 3, somewhat bizarrely leading with Constitutional Offices Commission appointments that haven’t yet been announced.
Friday’s Fiji Sun front page.
And then the broadcasters…
His Lordship the Acting Chief Justice. On the evidence, demonstrably biased and unfit to hold the position.
I hope Salesi Temo is wearing pants today. A sulu is not the right choice should he be required for sudden sprinting across Suva point.
There is always two sides to a story, and the opposite side is clearly aware of the biased justice system. Ball is squarely in the army’s court from today who not only have the guns as per past but a constitutional right to act.
Don’t hold your breath for a coup. There won’t be one . The Royal Australian army are crawling all over Fiji. They practically live here and the RFMF also trains in Australia. 2 days ago 115 of RFMF boys boarded a C130J Hercules from Nausori and made their way to Australia for training.
Forget the word coup in Fiji chaps. It is impossible for any ulukau to try to conduct a coup. They will be shot dead in their tracks. The new Pacific order is ONLY about routing the Chinese dragon. All other little pipsqueak dictators will have to wait a hundred years to do any silly coups. The Aussies, Americans (CIA, Coast guard and other elements) are present in Fiji. The CIA provide Pacific leaders with a bizjet permanently based out of Nausori airport. Their Cessna Sovereign is registered N349CL. The Australian air force is in Nadi and Nausori daily with the troop and tank carrier C17 Globemasters and the CASA C27J SPARTAN is now also permanently based in Fiji. ONLY A FOIL WOULD DARE TO COUP HERE !!! Perhaps those with a deathwish.
You make me laugh. It took 8 to 10 morons with George Speight to take the govt down. I hope Rabuka goes down the same way. What will the Chinese do in our part of the world. They don’t give a shit. Karma can be such a bitch. Let’s hope Rabuka tastes this particular ass.
This is the deluded type of observation and commentary to expect from a fringe element around the grog bowl, and maybe wearing Camoflauge trousers while watching conspiracy videos on the net!
Ridiculous to suggest that Aussie and US troops and their assets will be used in an active intervention on Fijian territory against internal elements carrying out an armed coup.
Their presence and activity is more for show to China and the jargon of capacity building.
The Army Commander is not dumb. Why should they intervene in a Court Case. Any intervention of any nature from the military will take us 10 years backwards.
We’re already backwards from all the coups what planet are you on
The Commander should be concerned about the lack of judicial independence in the judiciary.
He is after all leader of the outfit that is tasked with protecting the constitution. And an independent judiciary is crucial for democracy to thrive.
The bumps are palpable. Waiting for a huge explosion…..is it just me who is a nervous ninny anyway…..but the air is thick with tension.
I’m sure there will be an appeal against the A/CJ’s decision not to recuse himself. Surely…
Bainimarama and Qiliho have a reasonable legal argument re their claim of bias – one that should at least be aired in an appellate court.
Now, if that were to happen, that judgement on appeal on whether the A/CJ’s decision not to recuse himself was right or not, would be interesting… And whatever an appellate court’s decision on that issue turns out to be would surely have some bearing on whether or not he’s confirmed in the substantive role of CJ.
Or at least you’d hope…
Any recourse to the Court of Appeal will only occur after they are sentenced. In other words, possibly months after they are sent to jail.
Hmmm, yes and no Graham. If Temo gives them a custodial sentence, which appears to be likely at this stage, they’d likely (or logic dictates at least) file a bail pending appeal application ASAP.
That would make its way the to an appellate court very quickly.
I’m talking, as an example, if they received a custodial sentence today – It would be safe to say that their bail pending appeal application would be heard next week.
My source on this is impeccable. They will be sentenced and only then can they file an action in the Court of Appeal. So if a custodial sentence is passed, they will immediately go to jail.
Fascinating… I too have a pretty good source. But I suspect I know who you mean when you say you’ve got an impeccable source – so I won’t contest that point any further!
The last thing I’ll say is – they’re not all bad eggs in the judiciary. There are some good people in there, at the highest levels, who want to ensure that the rule of law is maintained and faith in the judiciary is high. They acknowledge things aren’t looking good at the moment and are trying to right the ship.
Perhaps we should chat sometime.
Temo is clearly not in the right and legally justified position to make this decision.
Once this hits global media today most investors will again sit idle for more months.
Where is RFMF now? Still busy doing reconciliation when the wheels of the tutu bus is falling off.
Good luck with reconciliation next week.
Let us all pray and fast to the great vulagi god in the sky, the goligoli and qele for 40 days. Moses and king david will lead us in matanigasau, fasting and prayer with assistance from minister for weed n bonkin. Good luck to all the rest of Fiji
Don’t know where the priorities lie with our government. This case of with our children’s future.
Seen photos circulating on X of children sleeping on the streets. Obviously no word on it from Minister for Affairs and Bonking 233.
We are fcuked as a country with this circus. The longer it lasts, the worse the damage and the reversibility of its consequences.
40k more Fijians to leave this year…my bet is on this number.
Does anyone feel about this legal system that is going in reverse mode
How it was controlled in the past 10 year’s or so
With bulk of them were from Sri Lanka
What comes around goes around
If any major thing will happen now,and with the world gone into recession, Fiji will be crippled forever
Never to recover again
Let the guns stay in the barracks or else the world will laugh at us
Imagine a sports ban and Drua kicked out of Super rugby
God bless Fiji
Lai, do you really think we the people are so stupid to believe your Lie? Custodial sentence is needed to maintain public trust in the judiciary, what?
Is there still public trust in the judiciary? Sega bau as the A/CJ’s people from Lau would say. Long gone, even before this case started.
https://www.fbcnews.com.fj/news/thursday-sentencing-for-bainimarama-qiliho/
Was present in Court to observe the proceedings. CJ Temo heard the recusal application and said he has decided not to recuse hismelf and will deliver reasons later. That was the most absurd thing I have heard. How does one deliver a decision without providing any reasons, and say that the reasons, along with a written ruling will be given later. It was all predetermined. Everything. There was no notetaking or reading of documents being referred to by the parties. Graham – if you deem this comment to be bordering on contempt then please insert the information in your article. The fraternity is appalled.
I do not fear being charged with contempt and you are anonymous and I will never betray a source. There are times when journalists of integrity have to speak up and I will take my chances with His Lordship rather than not calling out his conduct for what it is. Outrageous.
Does anyone know what did they allegedly do wrong? What are they charged for?
Why is everyone forgetting that the judiciary was compromised in the 16 year rein of Frank and Aiyaz’s hand picked Sri Lankan judges who all danced to their tune.
Where was everyone then when justice was non existence and heavily compromised.
Frank did not stay true to his initial clean up up campaign and farmed out the governing to Aiyaz while he globe trotted and enjoyed a lavish life style wining and dining and ruling with an iron fist,deporting his opponents and putting them behind bars.
He was no saint and now the shoe is on the other foot.
Aiyaz should be afraid, very afraid as he is next and by the way the military needs to stay out of this and preserve whatever remains of a coup coup land.
Absolutely have no sympathy for Frank and Aiyaz, they will get what they deserve either through a fair and genuine trial or through another compromised judiciary. That’s the reality in Fiji folks the precedence set by Aiyaz, so now tech have to learn to live by them as well.
Your comment is the only sensible one here people have forgotten the last 16years
It is evident the Acting Chief Magistrate is hell bent to send them to prison stay with George Speight. Even though they may be released on APPEAL. Where is the JUSTICE
Total disaster if Bai goes prison RFMF will move in, guaranteed
Basically dump the two in jail and then figure out how to change the constitution, if the military doesn’t have other ideas in terms of upholding it like they said they would.
“If you build an army of 100 lions and their leader is a dog, in any fight, the lions will die like a dog. But if you build an army of 100 dogs and their leader is a lion, all dogs will fight as a lion”
Napoleon Bonaparte
Temo’s statement that he will provide his reasons for refusing to recuse himself at a later date is telling that he and his stooges are at this very moment pouring through case volumes trying to drum up an acceptable reason why he didn’t recuse himself despite the fact he had already prejudiced the entire judgement when in his usual uncontrollable frustration, revealed (and this was picked up in the media) that he was going to pronounce both men guilty and sentence them after the magistrate refused to do so.
When you’re in a position such as that of the CJ, you’re generally expected to conduct yourself as an impartial leader, given that role also acts as the acting-president when required.
The RFMF will do nothing. They have become powerless as their current Commander sits idle, plaiting his rope which he plans to use when he plays Ring Around the Rosie like a pansy
Yesssssss CJ dont be swayed stay the course.
what happens in FIJI no law and order. TEMO wants them to go to jail for whatever occurred when he did not have concrete evidence to convict them.
He wants any means for them to go to JAIL AS GEORGE SPEIGHT.
THE PRESIDENT MUST INTERVENE AS HE WAS APPOINTED BY THE FIJI FIRST GOVERNMENT.
Does FIJI HAS THE LAW AND ORDER OR WE R BACK TO CAKABAU TIME?
GOD SAVE OUR BELOVED FIJI. THE WAY THE WORLD SHOULD BE.
NOT BARBERIC.
Fijians should be very very scared of men like the CJ. Today its Bainimarama n Qiliho, tomorrow it could be you.
GRUBSHEET My question to you is, is it Rabuka who is controlling these cases, giving directions to charge and send FFP Mob to prison?
Rabuka approved the selection of Temo as Acting Chief Justice and has ignored requests by the Fiji Law Society to remove him because he has made illegal appointments in violation of the constitution.He also made Siromi Turaga Attorney General and approved the illegal appointment of John Rabuku as Acting DPP. Whether there has been a conspiracy between the four of them is an open question. But the buck stops with the Prime Minister for the degradation of the criminal justice system since the Coalition came to power.
Let me make my own position perfectly clear. If Bainimarama and Qiliho have committed wrongdoing, they should be brought to justice. But the conduct of the Acting Chief Justice in prejudging this particular case is falls far short of any standard of proper judicial conduct. Justice needed to be done and be seen to be done. And neither has happened.