If you believe in the rule of law, justice must not only be done but seen to be done. And it is a national tragedy that confidence in the criminal justice system – including the independence of the judiciary – has been so dramatically eroded in Fiji.
In relation to the reversal of the acquittals of Frank Bainimarama and Sitiveni Qiliho, Grubsheet warned readers yesterday of the risk of being charged with contempt or contravening the Public Order Act when publicly commenting on what has happened. But that does not prevent us from stating some very uncomfortable facts about the current state of the criminal justice system generally.
1/ Frank Bainimarama and Sitiveni Qiliho were acquitted by a magistrate – Seini Puamau – who was the subject of complaints to the Judicial Services Commission about her conduct, including one from the suspended DPP, Christopher Pryde, alleging that Paumau had tried to recruit staff in his office to spy on him. The complaints were ignored by the Acting Chief Justice and head of the JSC, Salesi Temo. But who asked Seini Puamau to spy on Christopher Pryde and why? Soon after Pryde complained to the Acting CJ, Temo suspended him.
2/ Justice Temo – sitting as the High Court – has said that Seini Puamau was wrong in law to acquit Frank Bainimarama on a charge of perverting the course of justice and Sitiveni Qiliho for abuse of office. He has reversed the acquittals and found them guilty. And they now face jail terms which in the case of the ousted Prime Minister and leader of the biggest bloc in the parliament, will ban him from contesting an election until 2032. It is Seini Puamau – at the direction of the Acting CJ – who will now take sentencing submissions next week and pronounce sentence on the newly “guilty” men on March 28. How’s that for a dose of humiliation.
3/ Justice Temo was handpicked to be Acting Chief Justice by Siromi Turaga, the Attorney General, and the Prime Minister, Sitiveni Rabuka. He was not regarded in legal circles as the best candidate for the job but crucially, he was iTaukei – one of only two high court judges at the time who were indigenous. We now know because Siromi Turaga has said so publicly that the Coalition has embarked on ridding Fiji of all expatriate judges and other office holders in the criminal justice system. Christopher Pryde was suspended for alleged misbehaviour and one of his Assistant DPPs, Elizabeth Rice, is suing the state for unfair dismissal after the second of the Acting DPPs since Pryde’s suspension, John Rabuku, allegedly told her he was sacking her because she was “white” and he wanted an iTaukei in the job.
All this tells us that 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.
4/ Justice Temo is in the unique position of being the first law-breaker to act as Chief Justice in Fiji. Along with Siromi Turaga and Sitiveni Rabuku, he has defied the Constitution – the supreme law – by making two appointments that violate its provisions. He appointed John Rabuku as Acting DPP and Alipate Qetaki as a judge when both of those individuals have been found guilty of professional misconduct by the Independent Legal Services Commission. And the Constitution specifically prohibits them from holding office.
Now the Coalition cabinet has asked Justice Temo – sitting as head of the Supreme Court – to advise it whether it can use the Supreme Court to bypass the Constitution in relation to these appointments. If Justice Temo recommends that it can, then many fear that it will open the way to other provisions of the 2013 Constitution being altered, including the common and equal citizenry, the common identity and the secular state.
The Constitution – as the supreme law – specifically stipulates that it can only be altered by a 75 per cent vote of members of parliament and a 75 per cent vote in a referendum of all Fijians. Knowing that it is almost impossible to change it under these circumstances has prompted the Coalition to use Justice Temo to advise it whether the Supreme Court can do so.
5/ There are serious questions about the independence of the Acting Chief Justice. We know the first of Christopher Pryde’s replacements as Acting DPP, the late Ratu David Toganivalu, told a meeting of his senior staff that he was under pressure from Justice Temo and the Attorney General, Siromi Turaga, to fast-track the prosecutions of those associated with the former government including Frank Bainimarama, Aiyaz Sayed-Khaiyum and Sitiveni Qiliho. This had allegedly occurred in direct communications with Toganivalu by Justice Temo and Siromi Turaga – a clear breach of the long-standing principle in Westminster democracies that any DPP is as independent from the executive as any chief justice in the conduct of their duties.
6/ Christopher Pryde’s latest replacement, John Rabuku, illegally occupies the position and, among other things, has purged the ODPP of a “white” woman in the case of Elizabeth Rice and an Indo-Fijian women in the case of a senior administrative assistant who he accused of working with Christopher Pryde to disadvantage iTaukei. Several iTaukei who Pryde had removed from the ODPP over performance issues have been reinstated. And in the latest questionable decision by John Rabuku, he is reported to have promoted his male lover – who also works at the ODPP – to a more senior position despite this person allegedly not having the requisite experience under civil service regulations.
7/ It was John Rabuku who appealed the acquittals of Frank Bainimarama and Sitiveni Qiliho and referred them to Salesi Temo, who overturned them and pronounced them guilty. Grubsheet is not questioning that ruling. If Frank Bainimarama and Sitiveni Qiliho contest the verdict, it will be a matter for the Court of Appeal. But there are sufficient questions about the conduct of both the Acting DPP and the Acting Chief Justice to give rise to legitimate public concern.
Because he was appointed in violation of the Constitution, what legal status does John Rabuku have? Could a change of government lead to any case he is involved with being declared null and void? That is certainly a question being asked in legal circles. And those questions will only become more pointed if Salesi Temo – as head of the Supreme Court – tells the cabinet that what the Constitution says about barring John Rabuku because of professional misconduct no longer applies because he says so.
8/ The Fiji Law Society – representing the nation’s lawyers in private practice – has specifically objected to the appointments of John Rabuku and Justice Qetaki because they violate the Constitution. Grubsheet understands that the FLS sent a letter to the Prime Minister at year’s end again objecting to the appointments. But it evidently went further in suggesting to the PM that Siromi Turaga was unfit to be AG and Salesi Temo was unfit to be Acting Chief Justice because they had defied the supreme law.
Grubsheet understands that the Fiji Law Society told the Prime Minister that Salesi Temo should not be confirmed in the substantive position of chief justice, which has been vacant since the death of Kamal Kumar on the eve of his own tribunal hearing into allegations of misbehaviour against him. Rather than keep that representation to himself, Sitiveni Rabuka passed on the Law Society letter, either directly to the Acting Chief Justice or through the Attorney General. And it triggered a furious response.
Justice Temo berated the President of the Law Society, Wylie Clark, and did so publicly at an induction ceremony for new lawyers. He knows the body representing the nation’s lawyers in private practice does not think he is suitable to be Chief Justice. And it begs the question that if they don’t think he is suitable, why should the rest of us?
It isn’t just the appointment of senior officers of state in direct violation of the Constitution. Salesi Temo has also kept the suspended DPP, Christopher Pryde, waiting for almost a year to have the charge of misbehaviour heard against him for being photographed in conversation with the ousted AG, Aiyaz Sayed-Khaiyum, at a Japanese embassy function. In the meantime, Pryde’s successor, John Rabuku, is photographed in the papers talking to the accused drug dealer, Justin Ho, and no-one bats an eyelid.
These are all legitimate issues deserving of public scrutiny. Yet as with so many things in the supposed “new era of media freedom”, they haven’t been canvassed by the mainstream media at all. Grubsheet is not suggesting that anything untoward has happened in relation to the Bainimarama and Qiliho cases. The question is can we have confidence in the criminal justice system as a whole?
Its independence from “here today, gone tomorrow” politicians is fundamental to respect for the rule of law. Unfortunately, that confidence is being eroded, not strengthened, in the post-Bainimarama era in Fiji. And when Frank Bainimarama himself and his loyal lieutenant are sentenced in two week’s time, that will be a niggling concern for many Fijians watching.
NOTE: Comments that prejudge any trial are not being approved for publication here, as are comments that scandalise the judiciary. You are wasting your time drafting and submitting them so for your own sake, please don’t bother.
In the meantime, coverage of yesterday’s verdict in today’s papers. And more pressure on the AG.
Siromi Turaga is under the blowtorch on another front – the accusation that as a lawyer in private practice before he was made AG, he facilitated bigamy. Incredibly, the government is going to investigate one of its own. Like a watchdog wagging its paw at itself when it is accused of stealing a bone. Pathetic.
The Opposition is on the AG’s case across a wider front.
But the smiling assassin grins on.
Fiji has become a full blown third world dictatorship yet not a single media is putting pressure on foreign embassies that supposedly champion democracy. Headlines around the world should read “Fiji’s dictatorship persecuted opposition into silence” Also a very weak opposition need Chaudhary in ASAP.
Extremely dangerous times we are in. The country is turning into next Zimbabwe.
Anything can happen.
Where are the law society folks, human rights folks, etc? It’s a sham of affairs.
A purely racist and ethno nationalist agenda being pushed. Sadly no one is doing anything about it.
With predominately itaukei riff raff running the nation, it’s fast becoming a Banana Republic folks. One but has to listen to the live Parliament proceedings to realize the intellect of “leaders” leading the nation today. Adherence to the law, good judgment and basic common sense reasonings have flown out the door..sayonara!!
Worrying days ahead for Fiji
And BJ, if they haven’t got simple sentences written on paper for them by their PR and Strategy staff, they would have nothing to say. But what I find funniest of all is that some of them can’t even read what’s written for them. The “Minister” of Agriculture is the funniest of them all. Anyone else have a favourite?
Perhaps GD, you need to do a poll, my friend, of The Supreme Clown of The Great Parliament of The Great Nation of Feejee. Something that Borat would be proud of !
You can’t vote for the people if they cannot vote for themselves.
Keeping aside the “high standards” being set in the judiaciary by dodgy and entitled locals, it is good to see that failed candidates of the three coalition parties are being rewarded with diplomatic postings.
What I cannot fathom is how these people can accept these positions with a straight face!
My teachings and my conscience would not even allow me to think about accepting such rewards. But then, I am not an entitled, pretend Israelite.
A healthy functioning democracy is predicated on the electorate making informed choices and this in turn rests on the quality of information that they receive. Fred Wesley could do well to take a leaf out of GRUBSHEET’S journalistic objectivity.
The coalition has failed the people, exacerbated by the mediocre standards that The Fiji Times and CFL have devolved to.
Isa, Stanley Simpson and his crocodile tears when MIDA was repealed. What a joke.
If anyone wants a snippet at what the justice sysytem is in Fiji just look at the recent cases involving drugs.
Some people are getting several years for growing weed thats legal in most places in the world or carrying feww milligrams of meth while some are out on bail for importing tonnes of drugs and being found in possession of kilograms of it.
Worse still the police are stealing and peddling drugs and we have a minister who’s high on weed and proclaims it yet our coward PM has no balls to sack her.
Fear for yourselves fellow Fijians. Fiji is heading towards jungle law.
The voters of Fiji are to blame for all this. They are the ones who put them there. Is it rocket science to figure out what will happen when you recycle a crackpot from 37 years ago and put him back? The same man who raped the country and emptied the national bank. How stupid are people? Would you put Idi Amin back in charge 30 years later to fix the problems in Uganda? The most stupid are the Indo-Fijian, grog-doped population who voted to Baimaan just so that they could get rid of the old mob. Atleast the old mob were progressive.
Wholeheartedly agree with every single word of yours.
Graham, thank you for covering all the “loose” ends.
High time the “blanket warmers” start stirring!!
The last AG and this AG obviously demonstrating quite clearly now that they are the supreme law in Fiji. Revenge, eye for an eye, finish your enemies and stay immune to any type of accountability runs deep in their vein.
One can only wish for the next AG to not come with this type of baggage. A change to appointing a firm and fair ‘human being’ in this key role would be refreshing.
Meanwhile if 13000 people migrated in a month and thousands left since 1987, successive governments may want to seriously consider these social indicators before boasting about their economic policies.
This joke of a Government with economic policies?
Surely you jest! You mean this cowboy ‘Professor’ from the back blocks of Labasa town having a smidgen of a reality check writing a budget full of remittances and donations by overseas governments while photographing others wives without permission?
What bunch of vindictive monsters our politicians are. Soon as they come into power out goes the promised plight to provide a good quality life and equality for its people and out comes their pursuit to seek vengeance. Power does terrible things to folks who don’t know how to handle it.
You have been put there by the people so do right by the people and don’t waste tax payers funds for your own materialistic and uncanny measures.
Fiji is becoming one big clusterf#ck.. just like the old man won’t condemn and remove the Great Temptress; one could logically conclude that Siti has his own dark secrets with the temptress given his own well known proclivities ..basically Lynda’s skirts are in his mouth making him unable to utter a sound .. it’s no wonder she’s parades herself around like she has done no wrong .. power of the P**sy people .. she’s got him by the balls quite literally I would surmise .. sad sad sad..
Good points raised by Grubsheet that cuts into ethics of leaders and government. The main stream media are silent.
This coalition government are heading towards precedent set by FFP. Power corrupts and absolute power corrupts absolutely.
No wonder on average 14,000 people migrating per month to overseas. People expected that this coalition govt would fix the wrongs FFP did but no. Coalition govt heading to be worst racist govt. What credibility John Rabuku, Ropate Green, Nancy Tikoisuva, Bainivalu, Qetaki, temo, bring except racism and double standard.
Does Richard Naidu have a major illness or something. It seems like he’s on a really long treatment for something.
No public opinions nor appearances no tweets…where is the Fiji Water guy?
Remember Fijians, if someone is guilty of a crime the current AG will let them out soon so they can run the streets and do more crime.
He doesn’t need to justify why the criminals are out as long as they are well connected or chiefs and he’ll give some bulshit explanation for others.
If you go to the police with a complaint Remember they will either disregard your complaint or say theres no vehicle to come attend to it as all vehicles are running busy running parades for ministers.
And another one, the police is as much if not more likely to peddle drugs as any seasoned drug peddler.
Its sad times ahead for Fiji.
A Banana Republic, a joke of a country.
Governed by a pathetic bunch of incompetent people.
What the actual f**k is he wearing!
A wolf in sheep’s clothing striding out to look for poor little Red Riding Hood? >_<
I don’t know about the rest of you but personally for me, I’m disgusted if Rabuka’s PAP-led Sodom and Gomorrah government cannot do right by its own MPs by practising good governance. I didn’t vote FFP nor support their poor governance over the past 16 years but what cheap hypocrisy doing a witch hunt on Bai and Khai. Seriously!
First, remember that drug use by a sitting Cabinet Minister and extramarital sex between two sitting government ministers is a SERIOUS matter.You don’t delay decisions on such matters of national interest because it stains your reputation as a credible government.
Tabuya and Radrodro need to be investigated by Police if Rabuka still needs more evidence and disrespects his own subcommittee findings. Front up on TV together and publicly admit that they did not have sex during a government trip to Melbourne, Tabuya to publicly deny (yes or no; no grey areas) that she didn’t use illegal drugs on that trip. Then we can get video footage from the hotel to verify these statements. Many ways to skin a cat. This one’s a walk in the park for Australian and Fijian police.
Otherwise, stop trying to put other politicians in jail when your own side of the House needs to be cleaned up. MPs engaged in sex and drug scandal need to be investigated by Fiji Police and sacked. The complaint to the party is sufficient to launch criminal investigations if you lack the courage and decisiveness to act and do the right thing by the people of Fiji.
Disgusting to listen to these dirty politicians talk like their backyard is clean. Dou sa boi ca mai. The audacity to continue as if nothing happened. Some screws are loose somewhere. #cavuka.
This level of arrogance is not normal and totally unacceptable for members of parliament anywhere.
Bai and Qiliho going to jail will be a warning to any wannabe coupster. The long arm will get you in the end, one day Mafatu! And in the case of Ben Naliva, virtually unemployable except in the Fiji Army. We don’t need coups. If you’re disgruntled, wait until the next election and have your say. Stand for elections if you feel strongly about the direction of our country. But no coups, or you will forever be watching your back and thinking about Naboro Resort & Spa.