Salesi Temo is cantankerous, erratic, capricious, imperious, self-important, sexist, patriarchal and behaves like a schoolyard bully. He shares these characteristics with a tiny minority of crusty judges in other jurisdictions of the common law that Fiji also inherited from the British. But he is unique in one particular aspect. The Acting Chief Justice is an outlaw – someone who presides over the administration of the rule of law in Fiji yet continues to debase it with his violations of the Constitution, the supreme law.
Justice Temo’s defiance of the law with his advice to the President to illegally appoint a fellow judge, Alipate Qetaki, and the Acting DPP, John Rabuku, have been canvassed at length in these columns. He appointed them when the Constitution specifically prohibits them from holding those offices because they have been found guilty of professional misconduct.
The Fiji Law Society – which represents lawyers in private practice in Fiji – has complained publicly about these appointments and made private representations to the Prime Minister that Salesi Temo must not be confirmed in the substantive position of Chief Justice. This led to an extraordinary outburst by Justice Temo at an induction ceremony for young lawyers when he publicly castigated the President of the Law Society, Wylie Clarke.
Justice Temo also continues to defy the law by not naming a date for the judicial Tribunal hearing into the allegation of misbehaviour against the suspended DPP, Christopher Pryde. It has been a full year since Pryde was stood down on full pay for having a conversation in public view at a Japanese Embassy function with the ousted attorney general, Aiyaz Sayed-Khaiyum. Yes, 12 months in which someone in the prime of his professional life with an unblemished record has been sidelined, had his reputation impugned and been denied the opportunity to clear his name.
All this, in itself, would suggest to anyone with a sense of justice and respect for the rule of law that Salesi Temo is unfit to be Acting Chief Justice and preside over the judiciary. But there’s another equally alarming aspect to “His Lordship’s” conduct. He happens to be a very poor lawyer. And the proof of that is in the astonishing transcript of the proceedings last week when the Office of the illegal DPP launched its appeal in the High Court against what it argues is the excessively lenient sentences passed by the Resident Magistrate, Seini Puamau, against Frank Bainimarama for perverting the course of justice and Sitiveni Qiliho for abuse of office.
Ever since the transcript of the proceedings became available, jaws have been dropping in legal practices all over Fiji at the Acting Chief Justice’s statements in court. Grubsheet is publishing the transcript below to enable the Fijian people to form their own opinions on his conduct. But what transpired makes a mockery of the justice system in Fiji.
Simply put, Salesi Temo cannot hear the appeal because he has prejudged the outcome before even hearing the arguments. Justice demands that he immediately recuse himself from the case. In other words, stand aside because he is patently biased. His conduct renders him unfit to begin hearing the appeal on May 2. But the wider issue is Justice Temo’s fitness to remain in office at all.
For many in the legal profession, this is the final straw after years of erratic conduct, poor judgment and bias by Salesi Temo. He has been the subject of multiple complaints to the Judicial Services Commission over the years. These include his outrageous conduct towards women in rape cases, in which he has repeatedly expressed the view that women have left themselves open to sexual assault because of their conduct and dress.
He has long been regarded as a dinosaur on gender issues and whether as a magistrate or a judge, has been seen as a wild card and something of a rogue whose judgment has been highly questionable. He is certainly not a safe pair of hands – in the parlance of his fellow judges – and has risen to the top not because of his wisdom and knowledge of the law but because of his ethnicity.
Salesi Temo was handpicked by Sitiveni Rabuka and Siromi Turaga not for his skills but because they wanted to fast-track iTaukei into the top positions in the criminal justice system. The Attorney General has gone so far as to boast of ridding Fiji of expatriate judges. 22 new local judges and magistrates have been appointed in the 16 months since the Coalition came to power, the overwhelming majority of them iTaukei. And mostly men at that.
But it is already proving to be a disaster in the case of Salesi Temo as Acting Chief Justice and John Rabuku as Acting DPP – neither of whom were particular distinguished in the legal profession and both of whom seem bereft of the level of judgment that their roles demand. In the case of Justice Temo, the Prime Minister and the Attorney General passed over much better candidates to install him as Acting CJ.
These include High Court judges of the calibre of Daniel Gounder and Anjala Wati who have been long-time Fijian members of the judiciary, not expatriates, but have been passed over for one reason and one reason alone. They are not iTaukei. So because of his ethnicity, Salesi Temo now presides over the entire system. And because of his gross lack of judgment, that system is now in the throes of an unprecedented crisis. Which brings us to the proceedings in the High Court last week.
In an astonishing nine pages of official transcript, The Acting Chief Justice repeatedly refers to Seini Puamau being charged with contempt of court after the appeal is heard. He also threatens to refer her to the police for allegedly disobeying a lawful order. And of recommending to H.E the President that she be removed from the bench. And finally, he suggests that the other option open to her is to resign. All this in itself was extraordinary. But it was the bias he demonstrated in relation to the case that was even more disturbing.
On any reading of the proceedings, Justice Temo has prejudged the outcome of the appeal. He has made up his mind even before hearing from the lawyers for Bainimarama and Qiliho, who must now be extremely concerned not only that the appeal against the acquittals of their clients has been fast-tracked but that the outcome appears to be a forgone conclusion. To even the most unseasoned lawyer, it is an abuse of process and Salesi Temo cannot possibly hear the appeal for justice to be done or be seen to be done.
The following are comments to Grubsheet by one of Fiji’s most senior lawyers:
1/ “Justice Temo’s extraordinary outburst against Seini Puamau is unprecedented. It would be difficult to find any high court judge since Cession, to use his own terminology, who has behaved so aggressively towards a fellow judicial officer and especially in threatening police action. It was completely out of order”.
2/ “The whole point of the appeal process is the opportunity for one side to appeal the decision on its merits and not to have it prejudged by a judge who has obviously allowed his personal contempt for the magistrate to get the better of him”.
3/ “The Acting CJ has allowed his own ego to get in the way of proper judgment. He cannot contain his anger at having this woman ( Seini Puamau) contradict his straightforward order to her to do as he commanded. The comparison with the military is misconceived. The courts are not the military and members of the judiciary are not soldiers who are there to take orders from their superiors. It is a cornerstone of the criminal justice system that magistrates and judges are independent. Their decisions can be challenged only on appeal. So there is a proper process that must be followed”.
4/ “There is nothing to say that what Seini Puamau did was wrong. She is allowed to pronounce sentence according to how she interprets the law. She is required to sentence only in accordance with the Sentencing Act and she did that”.
5/ “It is not for Judge Temo to decide off his own bat that the Magistrate has disobeyed him. It is up to the state to decide if it wishes to mount an appeal against the sentences she passed and if so, it must argue on what grounds that appeal must be granted”.
6/ “On any reading of the transcript, the Acting CJ is prejudging the appeal. It is not for the judge to make a decision before the hearing and before the lawyers for Bainimarama and Qiliho have an opportunity to be heard. What is the point of an appeal if Justice Temo has already made up his mind?“
7/ “For this reason, Justice Temo must recuse himself from the case. And if he doesn’t, any decision he makes can be taken to the Court of Appeal”.
8/ ‘Seini Puamau has constitutional protection. Section 113 (5) of the 2013 Constitution says “a judicial officer is protected from civil or criminal action for anything said or done, or omitted to be done. in the performance of a judicial function”. It’s all there in the supreme law. So unless Salesi Temo plans to violate the Constitution again, the notion that this is a police matter is absurd. The Acting Chief Justice has a basic misunderstanding of the law”.
9/ “All is all, there’s a terrifying conclusion here – that the head of the judiciary doesn’t know some basic principles of the law. And he has clearly allowed his anger at a woman who he appointed as magistrate and didn’t do what he required to get the better of him”.
Terrifying indeed. But this is the sorry state in which the Coalition government has left the judiciary. It is not in the national interest or the interests of justice for Salesi Temo to hear the Bainimarama-Qiliho appeal. And it is not in the national interest or the interests of justice that he remain as Acting Chief Justice or, God forbid, be confirmed in the substantive position.
For the reason why much of the legal profession is aghast at the events of last week, read on…
And after that, folks, we all deserve some light relief. The following clip is from one of the most celebrated depictions of courtroom life – Gilbert and Sullivan’s Trial by Jury.
In this 2005 Australian production, the judge is played by Anthony Warlow. And any similarity to actual persons, living or dead, is purely coincidental.
Who school him would be a simple question from Year 1 law students at USP!
Absolute mockery of the justice system and the Constitution.
Who will hold these people accountable? Only voters will come 2026. If this government lasts that long.
Fiji, what have you created for yourselves. These dogs are running rampant.
Respects for Puamau.
Transcript records from a High Court of Fiji looks like some comments from common or ‘aam’ ‘mango’ people on a Facebook post comment thread!!!
These people need to go, Fiji wake up!!!
Remember seeing all those facebook posts on various forums prior elections. Some anti FFP some FFP fans and some Rabuka and Bimans haters. CHANGE everyone were warned about is here.
Sitting at home thousands of kilometers away from Fiji.
Just sent three lots of mpaisa so my elderly family can survive. Times are hard. And I don’t know how long can I keep going.
I am not visiting Fiji anymore.
This is it for me and my family here. Fiji is not safe.
I think over the last 15 months I have sent more remittance home than I ever did for 15 years.
Your posts shows the real corruption up the chain Graham and I read these everyday with much thought. It is quite sad and unhumbling to be a Fijian today.
I am better looked after in another country and a vulagi by status is also ok now.
Once the justice system goes everything goes.
The corruption ripples and affects the poor.
You are one good journalist GD.
I am going to cancel my Fiji Times subscription this week.
I have lost all faith in any news media in Fiji. They should all turn into writing fairytale stories. I cringe each time I listen to FBC news. So very poor.
Last night we watched Fiji News. They showed the same images of ASK for nearly 4 minutes. I was left so confused. The story line changed but the images didn’t. There is no real dedication towards worthy news nor proper journalism by anyone there.
Thank you for what you write.
Should first debate on the 2013 constitution itself
That will give a clear path of what is legal and what is not
Here everyone is running in circles with no solution but with hearsay which is not good enough
No one talks about the 2013 constitution itself these days but ony makes references
What people seem to overlook and seem to be oblivious to is that a vulagi government was “dethroned” after a very long time. How a vulagi government was even allowed to rule for that long is unforgiveable. That is the crux of the sentiments with this government, its appointments and a large section of the population. That situation must never be allowed again is the sentiment, especially with the likes of the GCC.
We all conveniently seem to forget that the feeling is that this is their land and they will do things as they wish. No vulagis or vulagi laws will get in the way. We must keep the government in ‘our’ hands and if that means we go backwards then so be it. It is just that the downward spiral is beginning to bite. Some may be having a change of mind but the general sentiment is that ‘they’ must not let go.
But having faith in a vulagi God is a passion for reasons I do not understand. We see it on the rugby fields and everywhere else. I believe it is all very pretentious. I mean, they even believe to be the Lost Tribe from Jerusalem now settled in the Pacific. It is not ridiculous, it is mind boggling.
But then, why do they all complain so much????
Maybe they do not pray and fast hard enough.
The delusion may not be as far fetched as follows but….
The capital of Israel is not Tel Aviv or Jerusalem….but in debate whether it should be Somosomo in Taveuni, Bau Island, Ovalau or some other traditional fort within the Confederations!
This comment is obviously made in jest but there is a surprising level of religious arrogance and almost exclusive licence or monopoly of Kalou or the Devine in some minds.
So much that it almost appears that the Lord on his return will descend upon the islands of Fiji rather then where it is said He will…. Jerusalem.
Observing the exchanges between Temo and Puamau it’s clear there has been a clash of wills akin to watching a ping pong game.
It began with some eye brow raising remarks by Puamau in her Court, such as claiming the action of the accused was trivial.
That obviously riled Temo who responded in as any old cantankerous Magistrate or Judge would of, and believe me, there have been quite a few in Fiji’s legal history.
One that springs to mind was Senior Magistrate, the late Z.K. Dean, nick-named the “caning judge.” If u were found guilty in his Court for any crime of violence without fail you would be dispensed with six of the best on the backside by the most burly and belligerent prison guard before u served yr time.
Idiosyncracies from the bench used to be the norm in Fiji. There is the story of an alcoholic Suva Magistrate, an expatriate too, who presided on a drunk and disorderly case at Levuka involving an old gentleman. Before sentencing him, the Magistrate called his interpreter over to the bench and whispered down to him, “where have I seen this man before, he looks familiar?”
The interpreter replied: “Sir, he was our drinking companion last night.
The Ovalau Club did a rip roaring trade back in those days. Needless to say, the offender was let off with a stern warning.
So eccentricity from the bench must be a Fiji thing.
We are used to it. And somehow things work out at the end, if you understand the cultural dimension also, you might get a broader understanding.
Both Puamau and Temo are from Lau. Temo from Nayau and Puamau from Nasaqalau on the neighbouring island of Lakeba.
When u consider that the Tui Nayau is the chiefly head of Lakeba you could say Puamau was being dressed down by her elder. In Fijian culture she is supposed to take it stoically, learn from it and move on, Her time will come.
All in all, this is Fiji. Life goes on. Things will balance out in the end.
A good example of a highly illuminating comment…
Thank God that Puamau did not follow his orders. From reading your comment, one would think that Fiji runs a Kangaroo Court with that kind of connection. With the dissent in views between the Resident Magistrates and the Acting CJ, we at least have some hope that the integrity of the Court system is still intact.
Besides, which acting CJ would even get his fundamentals in law wrong? Which acting CJ would berate another fellow member of the bench and get personal? No need to take a dig at her Masters Degree – she earned that distinction because she worked hard for it.
Temo is not fit to be Fiji’s CJ. Fiji deserves someone better.
Vinaka Graham for yet another splendid article.
Developments in Fiji over the past 16 months take us back to Freddy Fesaitu’s Rootstrata 1987 hit coup propaganda song, Noda Bula Dina Na iTaukei Sa Bula Dina Va Kalou. Roughly meaning iTaukei lifestyle is godly, thus holy, divine, righteous etc. Rambo and his stooges including all those holding high offices today used to dance happily to that song. So bonking, weed taking, bribery, corruption etc. are indeed bula dina va kalou!!! It places the blame for iTaukei being left behind squarely on everyone else (Vulagi) except themselves (iTaukei). Vinaka vakalevu Turaga, not from above but the chief lawyer for his role in all this. Wake up then, Fiji…. One Day Mafatu !!!
https://youtu.be/a5Iq3pUZEKM?si=R3sbrlsDwe996x95
Thank you for this article. That court record though – tsk tsk tsk. Such a pity that he got a few fundamentals wrong, in law.
The bullies on the bench need to get their act together and fast. I understand that Seini Puamau and Salesi Temo are both from the same island of Lakeba (Seini from Nasaqalau village and Temo from Tubou village).
You describe Temo well who’s fast losing it since giving in to undue pressure from his political masters. What a way to go out!
He bullies everyone including his own younger sister (a prosecutor back then) and made her cry in court. Woiyawe!
Re-enactment of the “Lord of the Rings”, Fiji Version with all due respect to Wlliam Golding.
“cantankerous, erratic, capricious, imperious, self-important, sexist, patriarchal and behaves like a schoolyard bully” – sounds like another un-self-aware pale stale male around here.
Which doesn’t stop him nailing it in this article, I should add
The difference is that I am not important. He is.
He is important in his own head (so much so he’s above the law) and to those whose corrupt agenda he suits. You Graham are important to your readers, and your articles are important in raising awareness to the viral corruption that is steadily destroying Fiji. Thank you for all you do.
Get a life “Pot vs Kettle”! Graham is an objective journalist who reports as he sees it.
You took no objection to his reporting pre-election and now that he is calling out your lot, you’re resorting to name-calling! Get a life dude!
Graham, spot on article… great journalism is still alive through you for us Fijians/ Vulagis
Change is coming ! Rabuka must understand he is not PM by popular vote ! He’s in a coalition and anything can change at any time ! He’s at the mercy of the coalition partners . Unless he wants to forget that, he will end his own resurrection ????
Just a correction. Salesi Temo and Seini Puamau are both from Lakeba. Salesi is from the Kaimacuata family of Tubou while Seini is from Nasaqalau. They’re also closely related by blood. They both also reside on Nailuva Rd in Suva. There’s an old traditional adage of “Cagi ko Lakeba dui ta kena” meaning those from this island maybe seen as headstrong and free willed. An excellent article GD like always.
As a Lakeba boy myself (1953-1956), this also explains a great deal about me. Headstrong and free-willed. Thank you for a valuable insight. 🙂