NOTE TO READERS: The following article has been altered to remove any reference to Martin Daubney KC being a visiting judge of the Fiji Court of Appeal. We have received the following information from lawyers acting for Martin Daubney:
“Our client is not a Judge of the Fiji Court of Appeal and his appearance in the Fiji Courts website’s list of visiting judges was a mistake. If you go to that website now, you will see that the erroneous listing of our client’s name has been rectified. His name does not appear on that list because he is not a Judge of the Fiji Court of Appeal”.
Grubsheet apologises to Martin Daubney for having taken the information we used to describe him as a visiting Judge of the Fiji Court of Appeal from the Fiji Judiciary’s official website. How his name came to be included in the list of judges is a matter for the President of the Court of Appeal, Justice Isikeli Mataitoga, to explain. But we have now set the record straight.
And now to the amended article:
A grave perversion of justice is playing out in the High Court in Suva at the hearing into the application for a permanent stay of the FICAC prosecutions of sidelined deputy Prime Ministers Manoa Kamikamica and Biman Prasad.
An element has emerged at the hearings yesterday which is deeply disturbing – the shameful “verballing” of the Acting FICAC Commissioner, Lavi Rokoika, putting words in her mouth that she simply didn’t say.
First, we witnessed the bizarre spectacle of the claim reportedly being made in court that the person the Prime Minister chose to replace Malimali, Lavi Rokoika, has “usurped” the role of corruption watchdog when she has done no such thing.
She was appointed by the President and remains in office with his authority. And the ruling by Justice Tuiqereqere in relation to the removal of Barbara Malimali is being appealed to the Fiji Court of Appeal.
Yet the Prime Minister has appealed to the Court of Appeal to overturn Justice Tuiqereqere’s finding that “that power must be exercised based on the advice of the Judicial Services Commission”. And two other Kings Counsel from New Zealand – Dr Andrew Butler and Professor Philip Joseph – will be arguing that case.
Just as concerning has been a clear attempt to smear Lavi Rokika in an apparent conspiracy involving lawyers and the media that simply beggars belief.
The media today has been dominated by headlines claiming that the Acting FICAC Commissioner described members of the Judicial Services Commission as “grog swipers” – the local term for those who enjoy drinking copious amounts of yaqona.
IT IS A LIE. Rokoika never said it.
Here’s what she actually said in the Fijian language in the recording tendered to the court, according to the Fiji Sun.
The following is the Fiji Sun‘s translation:
No, it’s not.
Again:
There is no reference to “grog swipers”, which might be considered offensive if it inferred that members of the JSC were partial to drinking a lot of kava. But this is what it ACTUALLY MEANS:
“I don’t know those elders who drink yaqona”.
( Vikilai isn’t a word. Veikila is. Meaning “know”. Qase means elders – a word that is generally considered respectful).
Again: “I don’t know those elders who drink yaqona”. NO REFERENCE to “grog” or “grog swipers”, merely yaqona drinkers of a certain age in a social grouping.
So where did the “grog swipers” come from? Who took a perfectly respectful comment and twisted it into a pejorative that has been used to smear Lavi Rokoika – to put words in her mouth that she didn’t say?
That is a burning question that requires a response. Because the whole thing smacks of a conspiracy between elements of the media and the legal profession to bring Lavi Rokoika into disrepute.
And never mind the mis-translation by the Fiji Sun. The Fiji Times doesn’t even report what the Acting FICAC Commissioner said in i’Taukei – merely produces a false account of what she allegedly said.
The whole thing is an absolute scandal.
Don’t take my word for it, Fiji. Decide for yourself.
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The media coverage in question:
And then today’s coverage:
Tanya Waqanika is perilously close to contempt in her own exploitation of comments, the primary of which Lavi Rokoika did not make.
The Acting FICAC Commisioner is a woman who has been “verballed” in a manner that has been grossly unfair and clearly designed to destroy her reputation.
Is the stunned lawyer Devanesh Sharma?
Cross my heart and hope to die, as we used to say at Drasa Avenue School in Viti Makawa…
NO.
Devanesh surely knows how to spell Qetaki. He was in favour of retaining Qetaki on the bench when the Cabinet Reference into his and Rabuku’s appointments was filed.
This was a message from former High Court judge, not a lawyer. And certainly NOT Devanesh Sharma, estimable though he is.
While all MPs and Lawyers are preoccupied with political manoeuvring by making all possible court challenges..the country is burning.
It seems that there is no lawyer to speak on behalf of the profession for fear of being targeted..a precedent set by Bai and Kai.
After more than three years of this lot, do we have to keep blaming Bai and Kai? These people promised to be different and they are worse.
Is RFMF Commander Kalouniwai going to deliver a speech and say
” Rule of Law has been followed “?
I think we all know the RFMF Commander will not intervene as he is a chief and wants the Constitution amended/ changed so the GCC becomes relevant in the Constitution and is given powers to do as they please.
GD,
I pray that someone rises up in the next election and removes all at the judiciary whose names appear on the daily news starting from the Chief Justice.
There are very good attorneys, judges and prosecutors in Fiji. Barbara Malimali, Tanya Waqanika, the whole lot at the DPP etc should be removed by the next government. It’s embarrassing to watch what happens at the Government Buildings court rooms.
This is the problem when you don’t have a decisive leader at the helm. Aren’t these people preparing for the fuel crisis that is about to hit hard very soon? Oh boy! The amount of money used on these court cases, constitutional reviews etc etc is insane. Meanwhile young iTaukei boys are dying on the streets. We thank GOD Musa was found healthy and happy!
Sweet as. So there is collusion, skullduggery, mention of MK n LaDiDa McBirth n liberal Kaisi transliterations.
Oh n grog swiping at the old prosecution office photocopy room. Lynduh will bring her Jack n Weed. Oh for the days of Missionaries n Mendicants.
This whole group should be called the Uncredibles.
Fiji lawyers don’t understand conflicts of interest.
Complete shitshow.
Didn’t realise Gerard Winter is a Judge of the Court of Appeal. Interesting but not surprising- this is the guy who acquitted Rabuka of all charges related to 2000 despite evidence and first hand witness testimony – and then he took off from Fiji as that was the last case he was handling.
Now he is on the COA, obviously brought back by Rabuka. A return of favour it seems.