The Attorney General, Siromi Turaga, has revealed the astonishing extent to which local lawyers – make that iTaukei lawyers – are being fast-tracked into positions in the judiciary as part of the Coalition government’s localisation program in the criminal justice system.
He’s told parliament that “ a record 22 judicial officers have been appointed” in the 15 months since the Coalition took office, up dramatically from the seven appointed in the last year of the FijiFirst government in 2022 and eight in 2021. Eleven of these new appointments are judges and another 11 are magistrates.
The AG says three of the 11 new judges are women and 8 of the 11 new magistrates are women. He doesn’t give their ethnic composition so Grubsheet is putting out a general appeal for an insider to tell us that in the comments section. But judging from the photos of the swearing-in ceremonies I was able to view despite being banned from the government’s Facebook page and before I was thrown off Facebook altogether because of the turtle-tattooed scarlet woman, I will wager that most, if not all, are iTaukei.
We know that at least one – the judge, Alipate Qetaki – has been unlawfully appointed in violation of the constitutional stipulation that no-one found guilty of professional misconduct can be a judge. But as we know, Siromi Turaga doesn’t have a problem with professional misconduct. He installed John Rabuku as Acting DPP when he too has been found guilty of misconduct. And doubtless the AG himself will expect to keep his job if he is found guilty of facilitating an act of bigamy – the complaint against him that is currently before the police.
We referred briefly to the Coalition government’s localisation program in our comprehensive story yesterday on the criminal justice system by saying this:
There has been a concerted campaign by this government to rid the criminal justice system of expatriate appointments when these have always been vital to confidence in the independence of the system. Outsiders are important in the Fijian context because they have none of the extended family ties, obligations and conflicts of interest of locals and especially the iTaukei. In short, they have no skin in the game and can do their jobs without bias. Getting rid of them doesn’t strength confidence in the system but erodes it.
That erosion of confidence is in fully swing with Siromi Turaga’s determination to have no expatriates whatsoever in the judiciary. Yet even more disturbing is his fundamental misunderstanding of the role of judges and magistrates. That role is, pure and simply, to uphold the letter of the laws set by parliament. It isn’t to take it upon themselves to interpret those laws when dispensing justice. Yet this is precisely what Siromi Turaga is suggesting.
Quote: “The judicial system is now well equipped to handle local cases by our people who are well qualified to do so and able to understand local context when it is required”. Unquote.
“Local context” doesn’t come into it. The law is the law. And the letter of the law must be applied in every circumstance. The alternative is anarchy – individual judges and magistrates cherry-picking which parts of the law they think should apply in individual cases based on their own backgrounds and prejudices.
Does “local context” give iTaukei judges and magistrates the right to take into account cultural practices such as matanigasau – traditional apologies – when they are passing judgment in criminal cases? Because in a great many instances, these are attempts to circumvent the legal process.
Did “local context” give Siromi Turaga the right as a magistrate in 2020 to acquit Fijians who had broken the curfew during the Covid-19 lockdown? Because taking it upon himself to interpret the law cost him his job when his contract wasn’t renewed. And yet four years later, he is the chief law officer of the state.
There is no “local context” that excuses individuals who break the law. And the very notion is a serious assault on the rule of law – one as egregious as the Attorney General disobeying the nation’s supreme law with his illegal appointments to senior offices of state.
Siromi Turaga casts all of this as strengthening the criminal justice system when it is nothing of the sort. On the contrary, the system is being comprehensively weakened under his leadership. Which is why the Fiji Law Society representing the nation’s lawyers in private practice wants this dangerous legal adventurer and indigenous supremacist removed as Attorney General and replaced with someone prepared to uphold the rule of law by adhering to the letter of the law.
As Victor Lal reports on Fijileaks, Siromi Turaga’s bigamy problem is getting bigger – among other things, treading on some very big toes in the RFMF.
I often hear this comment that locals are well qualified to do the job. Both in government and sports. That is great confidence from locals but not great vision. You don’t know what you don’t know.
Isolating Fiji from the expertise and experience of a very powerful knowledge base of the outside world must be limiting the country’s growth potential.
And please please when you are given the opportunity to mingle and learn from the outside world, don’t book room 233 at Windsor. That room doesn’t do any good for your development.
Excellent comment on un-monitored local contexts and customary practices. This is one of the major challenges facing Pacific Islands jurisprudence, undocumented precedents adopted in local tribunals. Outcome, endless disputes and insecurities, endless departures to offshore economic security.
An indication of Fiji’s deteriorating state . Fiji Sun front page on Fiji’s Education Sector Instability with FTU taking the PS Selina Kuruleca and AG Attorney General to Court….& looming USP strike!
Let’s cut the bull and head to Elections please !!
For once I’m going to get in trouble and say I’m okay with this. It’s about time. However how to keep everyone straight.
I know I’ll get slaughtered for saying this……..
Before anyone slaughters you they have to understand what it is you are saying. But, even before that YOU need to understand what you are saying?
I believe that with your standard of wisdom, you would make an ideal candidate to be appointed to the Fiji judiciary. You have the right dodgy qualifications, the right traditional wisdom, the right prejudices and right mental capacity. An ideal candidate, if there ever was one.
No you won’t get slaughtered. You have a right to free speech and opinion. A bit of elaboration would do us good too. If you mean localise sports management, for sure. Fiji has been champions and gold medal winners and am sure the locals should be given a chance to manage. It may take some time, losses but we must do. Judiciary?? Well like they say, if the head is no good, the body is useless. Here’s a question: Having all the judges and prosecutors and lawyers as i-taukeis, who is going to be on trial a majority of the time, Indians?? These people are put in positions to take on the mainly i-taukei ex ministers and the opposition big wigs and a few Indians here and there. Here’s the thing: Indians will buy them, whether one likes it or not. Incompetence will breed corruption and justice will be for sale. Here’s the problem: I-Taukeis will fight among themselves. Trust me. 1987 was against Indians, most left for greener pastures, are happy, travel the world and support families back in Fiji. Nothing has changed for the i-Taukeis except handouts like we seeing now. There is a cycle of new breed of handout receipients every few years and the PM will make a national issue of Kava Bars. That is the standard.
This guy is not only a yokel, he is a yokel chosen by God. So he is a special yokel. At least that is what he thinks and he is so proud that God chose him from amongst so many others.
Fear for yourselves Fijians. Hope none of you ever get to face the law for anything because the current judicial system sees people with only one eye and that’s a racial one.
Pack your bags and take your children to a better place. Remember if you survive this judiciary the current education minister wants to bring back scaling of marks. Yes, your kids marks reduced and they will be told that they are not good enough for a certain type of job because a nut says its ok to scale marks.
What more do people need to chase them out of Fiji? We have it all now.
Sad sad day.
If I were an investor I would be very afraid with this lot, you never know where they will swing
We are all Fijians now. Whether it’s an i-Taukei or non-iTaukei Fiji citizen, as long as we localise the positions. We don’t need average white colonialists anymore who wouldn’t hold the same position in their own country of birth. We need a judiciary that understands Fijians, not imported rubbish who would be regime lackeys.
The most recent batch of expatriate judges included some who were at the top of the New Zealand judiciary. So you are just plain wrong.
But we have also appointed Supreme Court judges since 2023 and this year from Australia and NZ. We have Gerard Winter back and we have sworn in Sir William Young, Sir Terence Arnold and Dame Patricia Goddard to the Supreme Court, all former Supreme Court judges of NZ.
What the real AG is doing is to have different sets of judges. In the last 16 years, if you appeal, the same judges you face in the in the High Court and Appeal Court will hear it again in the Supreme Court. Now our Supreme Court is stacked with some of the best minds in the region. And we have a different set of judges in the lower Courts. So there is some cross checks in the system now which wasn’t the case before.
Average? White or not! As long as they are worthy of the position. Sa rauta mada na acting stupid and thinking all is ok. Get educated. Uncivilized brains.
It seems you still have an inferiority complex. There are now thousands of Fiji citizens (and former Fiji residents) very well qualified from local and overseas universities and international work experience to boot. So it seems you need to get educated yourself. Take a deep breath and pray acha bhaini.
Whether it’s the Fiji judicial system, education, health system etc: given an option of choosing a ‘local’ specialist in almost any field, vs choosing an Aussie, Kiwi, Brit or European trained person, guess who the locals and nationalists will go for to be their lawyer, teacher or cardiologist! If $$ was not a barrier in exercising their preference .
Under kava AG racist bigot – as mentioned by Graham law is law, irrespective of context. And the qualified I-taukei’s you talk about are happy earning their living in foreign land then back at home where their arms get twisted to do things which may not be right. They also get treated equally in the foreign land unlike how you folks treat fellow citizens (vulangis) on the notion that it’s you lot who have been only building Fiji for so many years.
You’ll eat roti, curry but not acknowledge the benefits of multi-cultural society we live in.
Your current leaders are putting you lot to shame
I think Fish and Chips are more of an issue here
Get treated equally in foreign lands you say? Fiji Indians are not even recognized as Pasifika people in NZ. All around the world as in NZ, the UK and soon again in the US, the countries are reverting back to the right wing parties. In Aust, despite all the progress, the likes of Pauline Hanson still gets elected to Parliament. So where ever you are now, just keep your head down and focus on making a living and looking after your family so that they can continue to eat roti. Leave Fiji to us who are eligible to vote here to sort out our destiny, the Pacific way. When a former Fiji resident of Indian descent is accepted as an equal in Rose Bay and Vaucluse instead of Liverpool and Blacktown, then come back and argue with me.
New Zealand recognised itself as a Pacific country few years ago.
End of your bullshit on identity.
And here’s another news for you.
I-taukei migration pattern goes back to Asia. Bet that might hurt the racist i-taukei’s. But you lot are so pea minded it is not funny. Get educated.
I pray to God, your God, that you choke the next time you eat roti. Uncivilized and racist much.
Our GOD is not your GOD, so pray to yours please… yes the ones that was introduced to youse in the 1800’s?? Fast forward today, you are still f**ked….oh your new invisible gods are the Chinese, your new owners… I bet you don’t see them?? Right. I-taukeis eat more roti than Indians.. keep on eating boy… have a little PEA curry with that.
He looks like someone with gonorrhea. Go and get those teeth cleaned AG.
Can all of them in Coalition look a bit smarter and cleaner already.