It is extraordinary enough that the Chief Justice, Salesi Temo, engaged a private lawyer in the form of Isireli Fa to represent him as he tries to escape the damning finding by the Ashton-Lewis Commission of Inquiry that he committed perjury and obstructed and perverted the course of justice in the scandalous Malimali affair.
Yet it is even more extraordinary that Fa has given an interview to Radio New Zealand that blows open a secret agreement between Temo and the Rabuka government to get him off the hook and throttle the COI altogether. And contains a great deal of disinformation about the facts of what has happened which we detail below after the RNZ story itself.
There was already uproar before Fa’s interview over comments by the Solicitor General, Ropate Green Lomavatu, that a settlement agreement had been reached between the government and the Judicial Services Commission that Temo heads over the adverse findings against the CJ and the Chief Registrar, Tomasi Bainivalu.
Green said some aspects of that settlement “would have to remain confidential” – a proposition strongly resisted by the Leader of the Opposition, Inia Seruiratu, who now heads the newly-registered People Party that has suddenly emerged as arguably the principal threat to the Rabuka government. And by the former prime minister and Labour Party leader, Mahendra Chaudhry, who has effectively acted as an opposition leader from outside the parliament while the former remnants of FijiFirst struggled to get their act together.
Well now they have – certainly judging from the latest Facebook statements from Inia Seruiratu and his colleagues in People First, Premila Kumar and Jone Usamate. (see below) The remnants of the Frank Bainimarama era seem to have finally found their voice. And found an issue on which they will be able to run and run all the way to election day unless Sitiveni Rabuka grasps the danger he is now in for having failed to confront Salesi Temo and suspend him for misbehaviour when the COI first reported.
Now, incredibly, the Chief Justice looks like being allowed to not only get off the hook but receive a taxpayer-funded settlement for having his reputation and feelings hurt. But rest assured that it will be at the cost of Sitiveni Rabuka’s electoral standing. It was the Prime Minister, after all, who set up the COI with the instruction to Justice David Ashton-Lewis that he identify the crocodiles in the pond.
Yet having done so, the chief crocodile looks like remaining in the pond and benefiting from an agreement that the government intends not to tell us about – for Temo to be accused of lying and obstructing justice yet be allowed to remain at the apex of the judiciary. Only in Fiji, eh? Except that an election is looming and the opposition is suddenly reinvigorated – registered as People First and ready to rumble. And they are out to rumble Sitiveni Rabuka and the PAP.
If Rabuka isn’t careful, he is going to wind up in prison like Frank Bainimarama. Think I’m joking? Well consider this:
- Frank Bainimarama and Aiyaz Sayed-Khaiyum were convinced that they would win the 2022 election, just as Rabuka and his cronies think they are going to win the 2026 election.
- They were convinced they could do things in power without ever being brought to account, just as Rabuka doesn’t think he is ever going to be brought to account. But history tells us that it doesn’t work that way.
- Sitiveni Rabuka has been openly defying the Constitution – the supreme law – by refusing to advise the President to suspend Salesi Temo despite the grave allegations of criminal conduct made against him by a Supreme Court judge. The Snake is protecting the Chief Crocodile. And now, it seems, the Snake is going to do a deal with the Chief Crocodile to make it all go away.
- That is obstructing and perverting the course of justice. And it is already enough to send Rabuka to Naboro or Korovou if, like Frank Bainimarama, he loses the coming election and the forces that nailed Frank come after him.
Has the Prime Minister begun to realise the danger he is now in? There are clear signs emerging that perhaps he is.
1/ In his ill-judged interview with Radio New Zealand partially lifting the lid on the supposedly secret settlement agreement between the state and the JSC, Isireli Fa – Salesi Temo’s lawyer – indicates that impediments have suddenly emerged to concluding the agreement. Someone is asking for “amendments”. Who?
2/ At the same time as the RNZ interview has appeared, Rabuka’s lieutenant, Filimoni Vosarogo, is asking for the details of the decision by the Acting DPP, Nancy Tikoisuva, not to prosecute any of the 12 cases arising from the COI that were investigated by the police. Why is Vosarogo asking for this? He has nothing to do with the criminal justice system, having been prevented from becoming Attorney General because he was three times found guilty of professional misconduct by the Independent Legal Services Commission.
3/ Is Vosarogo asking for this documentation on behalf of the Prime Minister?
- Can it be that the Prime Minister wasn’t consulted about any of this?
- Can it be that Rabuka has been bypassed in a sweetheart deal cobbled out between Salesi Temo and the Acting Attorney General, Siromi Turaga, and the Solicitor General, Ropate Green Lomavatu?
- In his desperation to avoid suspension, is Temo using his old friendship and family ties with the President, Ratu Naiqama Lalabalavu, to manipulate events behind the scenes?
- Is this a conspiracy between the Chief Justice, the Acting AG and the President to freeze the Prime Minister out as they formulate a “secret settlement agreement” to protect Salesi Temo?
- Is this the ultimate manifestation of state capture – of powerful individuals using their positions to override a nation’s laws to protect their own?
These are all questions to which the Fijian people deserves answers. And believe me, we will eventually know the truth, even if we have to wait for the details to emerge in a series of court cases that will inevitably flow from any change of government at the next election. Which when the music stops, could easily see a conga line of members of the so called “new order” following in the footsteps of the old – out of government and into a jail cell.
Yes, it is that serious for Sitiveni Rabuka. Do the right thing now and survive. Or allow the Chief Crocodile and his kai vata to escape justice and wind up being devoured himself when like Frank Bainimarama before him, the sword of justice bears down on him.
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First, the astonishing Radio New Zealand story in which Isireli Fa spills many of the beans of the secret settlement plan between the State and the JSC. And as we’ll see, tells blatant lies about the CoI itself and the justification for any settlement in the first place.
Did he do so hoping to push the settlement along and overcome the impediments he refers to before the whole thing becomes public? If so, it has backfired in spectacular fashion because we now know that a secret settlement is taking place and there is still time to stop it.
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Let’s examine just some of Isireli Fa’s astonishing statements to RNZ in detail:
QUOTE: “His (Temo’s) main concern is to ensure that the reputation of the Judiciary and the Judicial Services Commission (JSC) remains intact and is above scrutiny,” Fa said.
That the JSC remains intact and is above scrutiny? No-one is above scrutiny, including the JSC and its rogue head, the Chief Justice. If he steps out of line, the Constitution provides for him to be suspended for “misbehaviour” and tried by a panel of three High Court judges. And the CJ has not only misbehaved, he has been accused of the gravest criminal conduct.
QUOTE: “The COI purported to make findings of facts which were clearly unsupported, in our opinion, when we reviewed its report,” Fa said.
Unsupported? The recording made by FICAC chief investigator Kuliniasi Saumi on September 5, 2024, has Tomasi Bainvalu conveying a message from the Chief Justice to the then FICAC acting deputy commissioner, Francis Puleiwai, telling her than no court in Fiji would hear any case she brought. It is hard evidence that Salesi Temo tried to “obstruct and pervert the course of justice” – the accusation Justice Ashton Lewis made against Temo in the CoI Report. So Fa’s claim is nonsense.
QUOTE: Fa said the FICAC Act stipulated the JSC’s role was to advise the president on who should be appointed as FICAC commissioner. For some reason in this particular case, Ashton-Lewis said that that function could also be carried out by the Prime Minister, which undermined the JSC’s powers to conduct its constitutional function,” he said.
The government has an opinion from New Zealand’s foremost constitutional expert, Professor Philip Joseph KC, that the “FICAC Act stipulating the JSC’s role is to advise the President” is in conflict with the Constitution and it is the Prime Minister who has the ultimate power to advise the President. Rabuka has certainly done so by removing Barbara Malimali and installing Lavi Rokoika at FICAC in her place without consulting the JSC. So the principle has already been established and can only be challenged in the courts, not accepted as fact in a secret settlement.
QUOTE: “I believe the Attorney-General’s office, which was defending the COI, realised the allegations were unfounded and decided the best way forward was to try and arrive at a settlement.”
The allegations are unfounded? It is all there in black and white in the CoI Report and on a digital recording of the events of December 5, 2024, that cannot be contradicted. If the AG’s office proceeds on the basis that “the allegations are unfounded” under the circumstances, Siromi Turaga and Ropate Green are willfully ignoring hard evidence and are leaving themselves open to a charge of obstructing and perverting the course of justice. And so is anyone else who gets in the way of the Commission of Inquiry’s findings, including the Prime Minister.
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Now the Fiji Sun story on Filimoni Vosarogo calling for details of the decision by the ODPP not to prosecute any of the 12 police cases arising from the CoI.
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And finally, the Opposition – now formally registered as People First – comes out fighting over the entire shabby debacle.
UPDATE 0930 FRIDAY:
First a hard-hitting statement from the Opposition Leader, Inia Seruiratu.
Plus strong statements from Premila Kumar ad Jone Usamate:
FURTHER UPDATE 1030 FIJI TIME FRIDAY:
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Grubsheet has been covering this squalid episode from the start. Here’s a selection of some of our stories to remind readers of the details. Or as always, just type the names of the principals in the search engine on the right.
Millions for Saleshni Temo and Fatty fatty Fa. That’s why they don’t want to reveal the so called dubious and illegal settlement agreement that again depends on taxpayer funds. This fatty fatty Fa guy is fa fa far far away from winning cases in court so he secretly makes this questionable agreement.
Historically and traditionally when development partners and donors provide financial and technical support to countries, especially from the third world, they have to tick a big box called “GOVERNANCE”. This is to guard against use of these funds, meant for benefit of the people for various social and development programs, is not abused by despots, dictators and for corrupt activities.
To satisfy this requirement, most countries development plans also lists ‘governance’ as the number one pillar of their development.
The question arises if our traditional development partners like Australia, NZ, EU, Japan, US, Canada and others are watching or are so obsessed by the ‘China bogey’ that they are prepared to waive this ethical and moral imperative from development fundings which are part of so many UN conventions and charters. Much of the funds these days seem to come for direct ‘government budget support’ providing the opportunity to do whatever they want with the money.
Perhaps our civil society, NGOs and remaining credible institutions should coordinate with those from donor countries and ask for accountability.
Rabuka is often puppeteering behind the scenes and then singing “It wasn’t me.”
That will clearly be harder for him to do if he is eventually tried for obstructing the course of justice.
It is obvious all the crocodiles and the crooks are running the show. The fossils who are the President and the PM have no control whatsoever. They have lost the plot. Everyone is doing things to cover up the previous wrongs and it perpetuates and that is how one loses control. If you do things right there is nothing to worry about and there is nothing to cover up and no secret deals would be needed.
Fa is the same lawyer who stitched up Shailendra Gopal Raju in the YP Reddy’s ( Tanoa Group) deceased brother and sister inlaw case – it’s in the public domain how he went rogue against his own client and Shalen Raju over his expected payment – Poor Shalen Raju spent years fighting the Reddy case, went to his trusted mate Fa who stitched the client and Raju both for $ – note that Shalen Raju now doesn’t post FB pictures of him and Fa having coffee and food anymore – FA is no different to Rabuka, he is also a snake but different breed – Davis is 100% correct, they all will be judged when govt changes, nothing lasts forever, ask Bainimarama and Khaiyum.
Why is all of this surprising? There are numerous well documented (via this website) about the level of corruption in the monkey judiciary of the banana republic.
Temo has destroyed the judiciary with comments such as “no court will accept the complaint” and on record for stating he intends to put Khaiyum away, etc.
This latest revelation merely adds to that well documented set of events. Any smart thinking party intending to replace the current lot should be well on their way to building up their ammunition with the material from this site to secure their victory.
Don’t know if people realise that Fijian lawyers are now some of the best in the world. That is on full display in the CoI saga and in the government machinery.
Not only are the smarts (arses) of the lawyers on display as we speak, they are now the best Christians in the world as well. They know more about Christianity than anyone else in the world. I am not saying this – just ask them.
What is more, they have recently realised that they are really Israelites living in the Pacific. They are no ordinary Israelites, they are Israelites with wings.
And only 150 years ago they were eating each other, so it is a massive turnarund in the annals and the timeline and time frame of evolution.
Oh dear! What a convulated world Fiji has become. Law and governance has become a political tool to be used by those in control. No media, academics,judicial officers or Law Society to point out the obvious. Every lawyer has taken sides. Keep it up GD. But i don’t share your optimism that there will be a day of reckoning
Is Christopher Pryde the legally appointed and current DPP, and if he is, could he review the acting DPP “insufficient evidence ” COI decision. Though he may not be currently residing in Fiji he is still the DPP.
Yes, Christopher Pryde is still the substantive DPP but the Acting DPP in his absence from Fiji is Nancy Tikoisuva and while she remains in that position, any decision is hers.