The choice of Nancy Tikoisuva to replace the disgraced John Rabuku as Acting DPP has once again been made on the basis of ethnicity, with the best candidate in the ODPP – long-time Assistant DPP Lee Burney – being passed over because he is white.
It doesn’t take a genius to come to the conclusion that once again, the Judicial Services Commission headed by the Acting Chief Justice, Salesi Temo, has chosen the wrong person in the interests of appointing an iTaukei. Lee Burney – who has been an Assistant DPP for the past decade – has frequently acted as DPP in Christopher Pryde‘s absence over the years, had a distinguished legal career in Britain and Hong Kong before coming to Fiji in 2014 and has prosecuted a raft of high profile cases ever since, winning most of them.
So how on earth can the JSC justify passing him over for Nancy Tikoisuva, who presided over the Serious Fraud Division of the ODPP until she resigned in 2013 and had been in private practice until John Rabuka brought her back to the ODPP after he was unlawfully appointed last October. Tikoisuva has had comparatively little experience as a prosecutor whereas Lee Burney is tried and tested, with a distinguished record behind him. (see their respective accomplishments below).
There are also serious questions about some of Nancy Tikoisuva’s personal attitudes. She raised eyebrows during her first period at the ODPP by wondering aloud whether the illness of her husband at the time was being caused by draunikau – witchcraft. Quote: “She has a village girl mentality and superstitions that have no place at the top of such an important office of state”. Unquote.
But, of course, merit doesn’t come into it in the new Fiji of positive discrimination in favour of the iTaukei and plain discrimination, pure and simple, against those of other ethnicities whatever their proven abilities. One of Lee Burney’s colleagues as assistant DPP, Elizabeth Rice, was sacked by John Rabuku soon after he took over and is alleging in legal proceedings for unfair dismissal that he told her it was because she was “white”.
Another “white” Assistant DPP, Andrew Jack, left quietly soon afterwards and given John Rabuku’s overt racism, it was widely expected that Lee Burney would be next. But according to insiders, Rabuku simply couldn’t get rid of Burney or the ODPP would cease to function. So he remains as an Assistant DPP in a mentoring role propping up the locals yet clearly isn’t good enough to act in the top job again because of the colour of his skin.
The Constitution specifically stipulates that a DPP must be qualified to be appointed as a judge. That certainly isn’t the case with Nancy Tikoisuva and definitely is the case with Lee Burney. But of course, this is Fiji, where merit takes second place to the preference of the new order to appoint iTaukei, whether they are properly qualified or not.
Doubtless Grubsheet will be assailed with renewed accusations that I am prejudiced against iTaukei when it is actually about making appointments on merit. And is a tragedy for basic standards when the best person for any job is passed over for someone with better connections in the iTaukei elite or the vanua. By the new Attorney General’s own admission, the criminal justice system is in crisis. And it’s largely because of the nepotism and racial bias that now pervades the system under the new order.
Nancy Tikoisuva’s qualifications according to her LinkedIn page before John Rabuku engaged her as Assistant DPP in recent months:
And Lee Burney’s qualifications when his appointment as Assistant DPP was made 10 years ago:
As Grubsheet has remarked before, the camera never lies and the body language says it all. Just look at the face of Lee Burney (bottom second from left) at the farewell for John Rabuku. He cannot conceal his discomfort.
What the Constitution says about the requirement to be DPP.
Slacker says
Fiji is another South Africa and Zimbabwe.
Riches to rags says
Yep.
Kiwis swap places with Fiji.( Or Aussies swap with Fiji.)
In a generation or possibly less Kiwis could make Fiji the jewel of the south pacific, and take it towards being a first world developed nation.
NZ in Fijian ownership would become just like Rhodesia (Zimbabwe), reduced to a basket case from the 1st world country it is now. Paragrass and derelict wasteland would take over the dairy, beef farms, highways, hospitals and the Beehive, figuratively speaking.
Ditto for an Aussie swap with Fiji…the anthem would become Reverse Australia Fast.
Kirit Kumar says
Good time to print free money as per Lynda Tabuya
Joe says
Nothing about white, black ,blue or red.
Lee was a appointment from last government.
It is very normal of every new government coming into power to appoint, new people.
Happens through out the world.
Nancy will learn and as local would be a future DPP.
At the moment she is Deputy.
No problems.
Graham Davis says
The ODPP is an office of state that is supposed to be independent of politics. You have no idea about how things are meant to work. This government won power with one vote on the floor of the parliament. It doesn’t have a mandate to trash the nation’s institutions. The fact that it believes it is entitled to d so is a very big problem. And the consequences are already obvious.
Foreigner says
For someone who likes to trumpet his own higher education ‘graduating in Australia,’ joe-shmo demonstrates an astoundingly high level of ignorance. Coùd it be that the huge boulder on his shoulder is impeding his ability to think and see clearly?
More likely, me thinks racism is the blinding factor. Obviously shmo is an example that education and knowledge don’t always go together for the joe shmos of this world.
Under the doctrine of ‘separation of powers’, the power to govern is distributed between the legislative, executive, and judicial– from:
parliament.gov.fj
The three arms of government are separate but equal in free and civilized societies. And function INDEPENDENTLY of each other, a concept foreign to our banana republic, government and the judiciary as is democracy being a long declared foreign flower.
Independently, no matter where, what, why and who paid for a graduate degree in straya (ausaid/nzaid/race-based affirmative action, etc?). Privately/self funding uni studies in ‘straya’ can be very expensive.
It is possible this shmo as part of the itaukei elite paid his own way. Why would it matter you say? Scholarships gives you many passes, in a manner of speaking, to ensure funds are not wasted, and to make the donors look good. Freebies do not necessarily incentivise the pursuit of knowledge and understanding.
High level government positions aren’t bestowed for learning on the job, rather to learned people based on merit.
Cue hate-filled repostes from the lost $3m tribe.
Olei Viti says
Joe, do Fijians understand that this is an independent function of a country and not that of a government as such?
Please stop the last government talk. It shows people’s lack of civic intelligence in a clowntree.
This woman is not experienced enough. Why is she given the position over an experienced person? The colour of the skin is at play here and it is plain right racist behaviour.
Anonymous says
What I cannot understand is why Nancy was selected when clearly she was only in DPP through John having appointed her. John could not exercise the powers of DPP because he was ineligible. To confirm this, the Supreme Court had to provide a Ruling which John defied for days to come until he finally received his revocation of appointment from the President. Nancy was appointed by John as Assistant DPP. This appointment was unlawful. This appointment is what led to her being in the running for Acting DPP. JSC should not have selected her. For the life of me I cannot understand why Lee continues to stay in ODPP. His contract was to come to an end in June/July. He is guilty by association. He needs to resign and protect his integrity.
Vulagi visitor says
Let us wait and see how long it takes for the new Acting DPP to show her true colours.
Just Saying says
I read somewhere that there is a shortage of new passports in Fiji. Just watch the mass exodus of people out of Fiji to Australia and New Zealand and beyond.
Jone says
Apparently 100,000 new blank passports are on order. Sadly not enough if things keep going this way.
Wrong at all levels says
Send her packing.
Thank you GD for highlighting this.
Another illegal appointment and a racist one too by the evidence you have provided.
At this rate all expatriates will be leaving the country in high numbers. This is worrying given the brain drain we have seen already.
Jone says
Apparently that’s not a problem. FNU are going to produce over 100,000 skilled workers by 2025 and 200,000 by 2030.
What percentage of the population? Where did these facilities suddenly spring from?
God-fearing vulagi says
Under the previous government the former AG was accused of appointing people of “his kind” to various positions. No such complaints in the last 18 months. I guess it all depends on “which kind” are appointed that determines whether complaints are justified.
Fiji is such a God-fearing country, except lately they seem to have a problem choosing between two vulagi religions. They are now not sure whether they are Christians or Jews. There is a huge gulf between the two religions and only now are they finding out that they seem to have been practicing the wrong faith since the white missionaries arrived more that 150 years ago.
Just wondering what religion John Rabuku practices, the one introduced by the whites or is there another version he is practicing we all do not know about.
RKD says
If the requirements are that the appointee needs to be qualified to be a judge and Nancy fails to meet the minimum requirement, this is yet another illegal appointment based on race. Temo needs to go. There are plenty of very well qualified barristers in Fiji but he chooses one that lacks the experience, has the right ethnic nationalistic views , and will do his bidding.
Justice says
I laughed and laughed when I heard Nancy acting DPP. Nancy was tutoring Contract Law at USP Laucala campus and it happens that she was my tutor. Out of 12 tutorials, she only attended 5. She is a pathetic teacher and racist. Indo-Fijians were the least favoured and whenever indo fijian students wanted to consult, Nancy would make excuses.
Nancy is still in the Board of MSAF therefore conflict of interest. Also, the constitutional MQR is not met by Nancy. Fiji heading in the direction of racism.
Vulagi visitor says
It does not matter if the new Acting DPP meets all the requirements. This is Fiji. This is iTaukei lands we are talking about and special rules apply here. We make up rules as we go and we change them as and when required depending on the circumstances and who and what is involved and when and where. There does not need to be consistency and aany standards. These are all vulagi concepts. In Fiji we apply our own concepts as we see fit. We have a flexible culture and we are very special people.
How many times do I have to say this, people?
Heathcliffe says
Agreed Graham. Rabukas cronies trashing the judicial system is a throw back to his itaukei jigaboo style that saw the NBF collapse, non English filipino doctors
run the health system, and the massive brain drain take place…
Pita says
So,Graham,the term “jigaboo” is not racially offensive enough for you to deplatform Heathcliffe? This is the second time this moron has used this term. Your father,who hadsuch a close relationship with indigenous culture….I think he would be rolling in his grave. What is the point of enabling racial abuse? Yes,admittedly Fijian culture especially in this current bible bashing iteration has many,many negatives. But having a lifetime of listening to racial stereotyping,in Fiji, Australia, by all races, and having relatives of every racial origin,it’s obvious that measured comments, by informed people,are one thing?..abuse is just that.
Heathcliffe says
I apologise Pita if you took offence. But jigaboo is just another word for dipstick
There are bogan jigaboos, useless jigaboos…all sorts of jigaboos
Apologies
Your curry munching jigaboo Heathcliffe
Graham Davis says
Yes, it’s all your fault, Heathcliffe, that my late father, a talatala qase of the Methodist Church – who were he to have still been alive would be 98 – has once again been used as a weapon against me.
I am 70 but people still say that he would be spinning in his grave if he knew what I was doing. I knew him better than they did but it still doesn’t stop them from using him against me. Only in Fiji, eh?
Just passing by says
In my view, the Director of Public Prosecutions (DPP) and the Police Commissioner should be expatriates. This change could help eliminate any perception of ethnic bias. Having expatriates in these crucial roles would likely lead to fairer analysis and treatment of all cases. Fiji is such a small country that, when walking through towns and cities, you are bound to know or be related to at least three out of every twenty people you pass. This familiarity often results in biases, influenced by connections such as “kai vata” (same place) and “vuli vata” (same school) syndromes. Appointing expatriates could mitigate these biases and promote impartiality in these important roles.
Jone says
Fiji had an excellent expat police commissioner. He left because Frank could not accept that military police did not have the same role as the ‘civilian’ police, and couldn’t just do whatever they wanted outside of military bases. This included entering premises without warrants etc.
Fiji police have only gone downhill since then!
Head in the Sand says
If the Fiji Law Society deems it unnecessary to comment then the appointment must be fine. They are supposed to be the watchdog. Wiley Clarke must be the most inconsistent President of the FLS in history.
Kirit Kumar says
Ha ha ha
Look at her qualifications
Under kava AG says
Nancy is well qualified to be DPP amd she is Fijian. Mr Burney will do well to take the hint and pack up his bags. The DPP had been localized a long time ago, even Nazhat Shameem was DPP at one stage. The problem with these expatriates is they get comfortable in Fiji and don’t implement a proper succession plan and kick up a fuss when they get passed over. Would Mr Burney or Mr Pryde be a DPP in NZ or an Australia state? The answer is no. They want to be a big fish in a small pond massaging their brittle egos. They are no help to the progression of the new set of lawyers and prosecutors. Being Assistant DPP since 2014 says it all. He and Liz needed to know when to go. So long buddy, moce mada.
Graham Davis says
You are like a broken record. Go back to Colo. Or did they exile you from there because of your chronic stupidity? Talk about a bushman’s mentality. Go gnaw on your own thumb.
John F says
Having watched Lee Burney in action, I seriously question your assessment of him as the ‘best candidate’ to head the DPP. While many of Lee Burney’s trial wins have been overturned on appeal, his trial ethics in the courtroom are of more significant concern. I have watched Lee Burney smear without factual evidence, promise evidence from witnesses that never appear, and undertake theatrics that would never be tolerated in England, Hong Kong, Australia or New Zealand courtrooms. The bigger story is why Fiji has enabled him for so long.
Graham Davis says
How about showing your face, mate. Writing anonymous character assassination is so Fijian. Liu muri BS
Sega-na-lega says
Purely race-based appointment, lacking merit for such a high office.
A sheer mockery being made of the system.
ACJ should surely go. His ego and head are just too big.
When it comes to quickly pouncing on handouts from AU, NZ and all the vulagi nations, iTaukeis are all for it but to appoint a meritorious white person to the job to ensure good governance and high level of competence and knowledge-sharing, they have a severe issue.
I’m told Government has told Immigration office not to release passports to those who wish to migrate/ go on work permits abroad to prolong or hold up exodus of Fiji workers to overseas countries.
Only me says
Look let’s give her a chance. I am not sure if there is a succession plan in place at the office, however, every day is a learning process and she should be able to count on the support of her seniors. Not every tighty whitey is brilliant whilst most I taukei are racist. Because believe me alot of goras here are very highly paid, have their own cliques and don’t like the locals being smart. So give the lady a chance. She is acting at the moment. Calm down all.
Clueless Inexperienced Clowns says
Nazhat Shameem was a DPP because she qualified to be so. She had experience and knowledge and she was legally appointed by a legal person.
Enough of dragging other women of respect into this farce. Leave Nazhat out.
These racist appointments of Rabuku, Temo and now Nancy is wrong.
If one wants to be a DPP then work for it.
Fiji is such a hole of a country. They think small and stay in their well looking after their pride and Fijianess. They think all expatriates are stealing their jobs. If they ever sit and evaluate on this country’s progress against the number of civil unrests then they should know better why they are still under expatriate DPPs. The calibre of people in the justice system recently are good examples of why. Look at Temo and Rabuku. Look at Siromi. What do you see? Do you anyone as competent and non-bias as the 3 above? That’s your answer.
Start looking inside the country and find your hard truth first. Law is not a thing. It is a necessary part of a just and equal society.
Training on job says
Looks like you want a novice or a trainee to act in the position of DPP!
Whoa. This is Fiji and we need Training on job,eh?
Dejected Fijian but Happy Australian says
A person who can’t even spell her own study programme is entrusted as the DPP. Only in Fiji!
Don’t believe me? Here’s proof (https://www.usp.ac.fj/sas/admissions-enrolment/pdlp/). It’s “practice” not “practise”, Idiot Nancy!