Why would the Fijian government and a compliant RFMF want to send one of Frank Bainimarama‘s most loyal supporters in the military to Australia to be deputy head of a brigade in the Australian Defence Force? Qori.
And so it begins… the first of a string of new charges that are said to be in the pipeline to nail the former Prime Minister to the floor, along with his sidekick, Aiyaz Sayed-Khaiyum.
There’s only one problem. The guy who is prosecuting the former ruling duumvirate – the Acting DPP, John Rabuku – has been unlawfully appointed in violation of the 2013 Constitution and arguably isn’t legally entitled to do so. And he has been clearly biased against Frank Bainimarama in multiple social media comments he made before the election that brought the Coalition to power 14 months ago.
What will Bainimarama and Khaiyum’s hotshot defence lawyer, Devanesh Sharma, eventually be able to make of all this when his clients appear before the courts?
And even with Colonel Ben Naliva supposedly out of the way in Australia, what about Frank Bainimarama’s other loyalists in the RFMF? Are they going to meekly stand by while an Acting DPP who has been unlawfully appointed goes for their former Commander?
The more we keep hearing that things are stable in the RFMF and the nation, the more the Fijian people are entitled to wonder if that is indeed the case.
Time will tell, as the old saying goes. But with Frank Bainimarama, Aiyaz Sayed-Khaiyum and former FijiFirst minister Dr Neil Sharma before the courts on fresh charges and with more against “Bai-Kai” reportedly to come, things suddenly don’t seem quite so stable after all.
Has anyone realized that every decision and formal action currently being executed by the unconstitutionally appointed DPP Rabuku is actually illegal? Every case and every bit of work has no legal merit as he cannot be in that role. The constitution is clear about the appointment of the DPP and Rabuku is disqualified by virtue of these rules. And this lot are going to lose.
The kama sutra affair in Australia, the blatant corruption, illegal appointment of the Acting Chief Justice (haven’t forgotten him!) and clear evidence of kickbacks for contracts as well as an AG who has torn up the rules around the independence of the judiciary makes it clear to any halfwit that this lot are just in it for themselves and busy lapping it up while Fijians suffer.
When these racist grubs are turfed out in the next elections, there will be hell to pay as all his actions will need to be reversed. Every case will need to be recalled and done again with a legally appointed DPP.
Where the bloody hell are the journalists in Fiji? Obviously they’re also getting kickbacks to look the other way in return for those lucrative government ads in their papers.
Anyone who is presented in court in Fiji can take the Government to court as the acting DPP is illegally appointed. Government gone bonkers. What a shame.
Fijians please welcome yourselves to leave for better opportunities abroad. This circus will not benefit your children. Don’t invest in yourselves anymore in Fiji. Better chances of doing well out of Fiji.
Graham,
Something isn’t adding up about this. According to the latest articles (FBC, Fiji village etc), they’ve been charged for things that occurred in/ around 2011. What would normally come to mind for this time period are the immunity provisions in the 2013 Constitution (see section 157 of the 2013 Constitution).
Interestingly though, abuse of office is one of the few things that the immunity does not apply to (seems like a weird thing to leave out).
Query, is this all a distraction?
It would’ve been a little more interesting if it was actually within the immunity, it would’ve raised interesting questions like:
Is this all a pretext to begin a challenge of the 2013 Constitution? Or, at the very least, a challenge on the immunity provisions in the Constitution? What would such a challenge on the immunity provisions mean for the immunity granted under the 1990 Constitution that continues?
If the immunity provisions in the 2013 Constitution were successfully repealed (somehow) how many other individuals would suddenly be charged?
Interesting questions to discuss and to hash out legally.
God bless Fiji.
100% distraction. Current government is a mess and everyone can see it. Let’s deflect to FijiFirst so the public stop focusing on what a sh!t show it is over here.
I will give you all a tip…Munro Leys Apted and Naidu in full gear running around with DPPs Office.
Something cooking there
Legal eagle asks is this a distraction? It seems that all this amounts to is failing to follow tender rules which in Fiji are only guidelines at best and therefore this is another big noise for nothing.
Right not how come tax holidays being given away? This is costing Fiji billions and big thing are happening and fingers being pointed at tenders from 10 years ago? Please need to investigate what’s happening now for the sake of Fiji people
Suprise what they have been charged for and why they must be detained. What is happening in FIJI?
Rabuku’s illegal appointment, what experience he has as a Prosecutor.
Has FIJI become a BANANA REPUBLIC like Pakistan, where the former Prime Minister and his 3rd wife have been jailed for 17 years?
Mind boggles, who is behind in FIJI to have them convicted and what are the Charges?
Bani and Ghili ‘s cases were dismissed, Rabuku must be out of his head to APPEAL AND HE SACKED HIS MADAM DEPUTY AS SHE IS WHITE AND SHE FILED CHARGES AGAINST HIM.
Soon there will be some members crossing the floor and joining FF. We will not be surprised that SOON RABO, BAIMAAN, and BOKA will be charged.
WAIT AND WATCH AS GRAHAM DAVIS IS ADDING FUEL TO FIRE.
For anyone who has forgotten: Dada (godfather or mafia boss in Hindi) Biman Lambchops handed over nearly a million dollars to his wife from the government coffers in the guise of a Girmit institute and celebrations. No tenders called for that and no one has even been brought to account for this massive corruption.
No questions being asked about Dada’s late night female visitors during his trip to Bharat (India) or the actions on the wife of a candidate. Yet, Dada and his thugs have time to put up smoke and mirrors to distract everyone’s attention from all the failures and corruption being brought to light by this page and other indepdendent, ethical and unbiased investigative reporter’s websites.
The Fiji Government has a huge task to get the country out of a decade of mismanagement. The internal fighting between coalition partners, the misbehaviour by MP’s, is a distraction. Coupled with that if legal action against the previous PM and AG turns out to be unconstitutional the government will fall flat on its face. Their principal function is to govern the country to good health and all the other matters are secondary.
A nightmare legal scenario is emerging from all of this. It goes something like this:
1. A legal challenge is filed against any actions of the DPP until the question of whether he is legally appointed or not is determined
2. The criminal justice system and potentially the entire justice system grinds to a halt until the challenge is determined (and appealed and so forth)
3. Given the fraught nature of the dispute an independent Tribunal may have to be convened to make the determination because how can this question be determined fairly and independently given that other appointments may be called into question too?
In the meantime investor confidence and confidence in the economy takes another knock.
Fiji is facing a tough time and if you want an opinion from an Australian lawyer (used to be Fiji lawyer) it looks like the wheels have fallen off and someone has stolen the steering wheel.
Brilliant analysis, “Sydney Law”. Vinaka.