Grubsheet readers have a front row seat to aspects of the biggest showdown in recent Fijian judicial history – the request by Justice David Ashton-Lewis for the suspension of Barbara Malimali as FICAC Commissioner and the refusal by the Chief Justice and head of the Judicial Services Commission, Salesi Temo, to do so.
As we reported this morning, the Chief Justice is just plain wrong to say that he doesn’t have the power to suspend Barbara Malimali. He does under Section 44 of the Interpretation Act but chooses not to do so because Malimali is a protected species and is needed to prosecute some people – notably the DPP, Christopher Pryde – and not prosecute others such as the Deputy Prime Minister, Biman Prasad.
First, the letter of dismissal that Barbara Malimali sent to her chief investigator, Kuliasi Saumi, after he had given four days of testimony at the Commission of Inquiry that has provoked this unprecedented crisis.
Malimali has left herself open to a charge of contempt and perverting the course of justice and the Commission of Inquiry has already referred her to the police.
Now the letter to the Chief Justice, Salesi Temo, requesting Barbara Malimali’s suspension for her extraordinary conduct from the Counsel Assisting the Commission of Inquiry, Janet Mason, on behalf of Justice David Ashton-Lewis.
She actually informs him about Section 44 of the Interpretation Act so there is now no question about him being ignorant of law – a reasonable assumption to make before we saw this letter.
But it appears that Temo has simply ignored the law and announced that he has no power to suspend Barbara Malimali when he clearly does and it is all there in black and white.
What do we deduce from this? That in the same way he ignored the Constitution by appointing John Rabuku as Acting DPP, he is simply ignoring Section 44 as if it doesn’t exist.
The man is totally out of control.
The stage is set for the mother of all showdowns. Salesi Temo has gone rogue but he has picked the wrong people to ride rough-shod over.
To have not known that the law allows him to suspend Barbara Malimali is one thing. But we now know that he knows but doesn’t care because it doesn’t suit his political purposes. It proves beyond doubt Temo’s incompetence and gross unfitness to hold the position of Chief Justice.
But he long ago established himself as someone who is indifferent to the Constitution and the rule of law. And it is imperative that he is forced from office as soon as possible.
Salesi Temo has shown his contempt for the Constitution.
He should be removed or suspended as soon as possible.
@ Contempt … What constitution are you referring to? Is it not obvious? This government’s objective is to ‘change’ ‘that Constitution’. And you expect adherence and compliance? By this lot? Look, watch, listen and learn. The circus of rhetoric, posturing, collusion, corruption, gluttony, and fornication represents all that they stand for. The introverts and their ‘deep state’ agenda. Never here for the common man.
Will the CID arrest Malimali or will the former FijiFirst MP now Police Minister act as another impediment to the law?
Rabuka is now creating regional instability through the appointments he has allowed to create.
Yea…its time to trim Itchy Barbs down. She’s just getting way too big for her britches.
Fiji’s judiciary is in crisis under Temo, whose political bias and questionable judicial independence have eroded public trust. His continued stay in the office threatens judicial independence and demands his sacking or resignation. Does he understand the relevant laws?
Malimali’s hasty appointment and decisions she made within days of her appointment led to the Commission of Inquiry (COI) to investigate her. She continues as FICAC Commissioner while under investigation and has interfered with a witness from FICAC whom she has suspended.
Temo’s refusal to act on COI’s request to suspend her is allowing her to interfere with witnesses and undermining justice. It is a fundamental legal principle that individuals under investigation should not remain in positions where they can influence proceedings. The eyes are now on Justice Lewis – what he does next.
Temo has also unjustifiably udelayed the reinstatement of Christopher Pryde as DPP.
Temo’s confirmation as Chief Justice, orchestrated by the Rabuka led government, aligns with a broader agenda or prioritizing Itaukei dominance in top institutions, undermining meritocracy and fairness.
Temo’s disregard for due process, selective application of the law, and political allegiances make him unfit to lead the judiciary. He must be removed. Fiji needs a judiciary that upholds justice, not one motivated by political favouratism.
What more proof does the Commander require? He has failed this country.
Whoa. This crisis is generated by civilians in civil society. They should sort out the mess of their own making.
You cant expect soldiers with bayonets to fix deep governance issues they are not qualified to handle.
Army vet is talking crap-as is his want.
One hundred percent guaranteed he’d be espousing the opposite view-advocating loudly to throw out the government if there was an indo-Fijian PM and cabinet.
Sheer shameless hypocrisy.
Besides, there is no need for guns and bayonets not are contributors calling for usurping government.
People simply mean the military must act to protect against ad nauseam repeated violations and ignoring the constitution by this government, the judiciary, AG and the idiots ODPP and FICAC.
Legally. Stop being so ignorant or deliberately misleading to suit your ethno-nationalist agenda.
@ Fed Up
Pull your head out if your ass bro. You civilians created this mess; you now sort it out.
We have learnt our lesson and will stay out ot the crap you civilians have created.
Please now leave us alone and enjoy the ride.
“We??”
Wtf are “we?”
Stop with the bulshit pretensions to speak for “we” whoever the voices in your thick head might be telling you.
Listen up pea brain, it is exactly people like you who’ve made this mess–yes the unthinking ignorant arrogant stubborn itaukei.
Too many of you fcckers trying to bully your way with idiotic force of stubbornness and bulldozing through your dumb thinking.
Follow the law. Not only when it suits your ethno-nationalist agenda. Always follow the law. Cracker head.
Nah mate, you go play with your marbles.
The fact we all forget is, this is Fiji, it is iTaukei country and the CJ does not give two shytes about what vulagi commissioners or vulagi reporters say or what the vulagi think. There are many in government including the PM who think likewise. The AG and the Minister for Justice included. As for the law and the Constitution, these are vulagi things and not appropriate for Fiji or the iTaukei. Just ask them all. Why else would they all be silent?
He will follow the iTaukei way and tell us all to f/off.
Except…………….that train of thinking will not work…………….for too much longer.
The pm must be feeling like a donkey in calling this commission.
And I feel for him feeling like a donkey. He is not that smart after all.
It would seem that the best outcome for Fiji would be lock up Temo, Malimali and the rest of the gang, pending a list of charges being made against them, probably throw in the AG as well, as he looks like he is knee deep in the s#@t that is building up.
Install Ashton-Lewis as Chief Justice, who could provide Mr Pryde with the assurance that he is not going to be set upon by the unruly mob, on his return and let him sort out the rest of the miscreants in his office and move them on, also to await charges for various amounts of abuse of office.
That would be a start to getting some semblance of order re-established in this poor excuse for a law abiding and democracatic country.
Welcome to the banana Republic. The new Zimbabwe of the world.
The only question is, how much are these things going to hurt Fijians in future coz the train wreck called the coalition has no brakes on.
Just sit back, grab a popcorn, mix some kava and enjoy the destruction of Fiji. God has truly forsaken Fiji.
Is there any part of the Government, independent executive bodies or commissions and the like that HAVE NOT been brought into disrepute by the Coalition Government’s poor judgement, incompetency and brazen corruption?
I’m really struggling to think of one…
Nothing will happen to Malimali and Temo as long as the coalition is in power.
The political field in Fiji is a small one and Buka and his cronies will win again and I hate to say it, but that’s the reality now.
Timeless truth according to the greatest dramatist
…”but in the end truth will out”
“Truth is like the sun. You can shut it out for a time but it ain’t going away”
so said Presley
Haunting
https://www.facebook.com/share/v/15FWmRtWFg/
Meanwhile you just have to listen to this interview with the ring master who instigated and aided and abetted this entire fiasco. He inadvertently admits that the TRC circus is just there for him to admit he did wrong and to be forgiven and that he will not admit to any details as to his actions.
Pay close attention especially to the last question and his answer as he tries evasion in his usual way but this time he hilariously ends up in the Soviet Union. This arsehole is a lying evil dumb bastard who is on the verge of a major and very public meltdown.
What is the President doing?
This is a shit joke.
Can the pedo not get into gear and check with the looney PM what is happening.
Big titi Barbara must go. Now
No one’s going to say anything about how Rabuka fled to USA Saturday morning?
He’s gone to a prayer breakfast in Washington DC. As you do when the shit has hit the fan at home.
More travel allowance. Less scrutiny. Just another day at the top.
GD, you seem aghast about the CJ not knowing the law he is in charge of but then you don’t know who this character is.
He was in Victoria University Wellington in the 70s. Now get this. He couldn’t pass Contract Law., repeated it and failed again, therefore failed twice. Just like the other Coupist who sits on the Appeal Court. You know the one, very controversial in what he actually did to a disabled local Kiwi but that’s another story. He is the one sitting in front of the charter flight to Israel that still owes $3m.
Now because he failed twice, his scholarship was cancelled so he shacked up with kiwi girl to stay back and finish law degree. In other words a vulagi girl rescued him from deportation. And you thought he hated vulagis.
He had no private practice or little law experience, worked as a crowd controller and used to work in Porirua community centre. He got himself job as magistrate in Qarase time. Had his kai vata put good word in. Rest is history. His pronouncements and actions speak volumes of his lack of ability or nuance of law in practice of knowledge of separation of powers and role of CJ.
You’ve very astutely listed all of the reasons Rabuka hand picked Temo. He couldn’t afford to swear in a judge at the pinnacle of their career who would uphold the integrity of the position lest they do the right thing.
I live by one rule: when one thinks of 6 impossible things before breakfast do not announce them in open court
GD, Rabuka jets off to the US for 20 days collecting $3000 a day whilst Fiji is struggling to believe a shattered judiciary! What agony !
Well Rabuka now leaves Biman as Acting PM. It’s good that he now wakes up to the fact that Manoa Kamikamica and Bill Gavoka are the people behind why his govt is breaking down !! It’s their people put into places like Tanya Waqanika who’s representing Barbara and has become a Board Member of the ATH Board, benefiting from the Coalition government!! And benefiting from $30,000 FICAC money which was for Barbara to pay from her own pocket so that’s a criminal collusion of abuse of office and guilty by association between BM and Tanya!
Rabuka, you’re now disrespected and trust me you’ll be thrown out in the next elections ! People are not commenting publicly just your PAP campaigners speaking on social media but know that Ropate Green your SG is the person responsible for the breakdown in law and order in Fiji because he is the Secretary of the COC! He is accommodating all the bullshit along with his crony minister Siromi Turaga! All lawyers in Fiji know that Ropate Green is a below the par lawyer who’s simply putting together his own cronies to eventually throw Rabuka into prison !
Keep going Rabuka. Your days are numbered !!
And the coward ‘Ratu’ watches from the barracks…
The CJ by his actions has shown just how incompetent he is!
Comments on here relating to his academic performance and lack of experience in the real legal world add to his level of incompetence.
As to the intelligence level he possesses he has been found wanting by the counsel asssisting the CoI who clearly points out the Intepretation Act. Something all members of the legal profession, including even students of law, are aware of!
Fiji’s reputation in legal circles and with other Governments is being shredded by the likes of this man. He is becoming a laughing stock.
…20 days collecting $3000 a day whilst Fiji is struggling….
20 X 3,000=60,000.
And the treasonous racist bastard says he is suffering.
The voters own this government and particularly this a-hole.
The mass of itaukei voters have old cultists racist loyalties that feel very sacred or precious and may not have words or rationale to go with them.
The ones now yearning for change must not get over-expectant that the electorate will want to have any such change.
Bootlickers like agni baimaan sashi charan and the rest of the self loathing of nfp traitors are benefiting just as much making hay.
We get the government we deserve.
Salesi Temo and Barbara Malimali has been planted to ensure political survival of 3 legged stool govt which now also includes breakaway faction of political opportunist from FijiFirst party. What shame and embrassement to Fiji. This will be the worst govt in the history of Fiji. The protector of the rule of law in Fiji and the guardianship of constitution the RFMF is sleeping. Awake from your slumber and save Fiji
@nick – agree.
Similarly Tudravu was picked to protect and preserve these thugs and the status quo.
Interesting to see what if anything the police does with the complaints against commissioner Titty.
DPP Pryde will (if he returns) meet a changed Tudravu who’ll be committed to arresting Pryde!
Remember Tudravu was without income since leaving the force- no income. From zero to $200,000 including perks of power is incentive enough to switch sides.
The Judiciary is compromised, and it’s clear that if Biman had been successfully charged, it would have brought the Coalition Government down. The Prime Minister knew exactly what was happening—this isn’t speculation; it’s reality.
Why is the Chief Justice and the JSC so determined to keep Malimali in the job? Why pretend he lacks the power to remove her when Section 44 of the Interpretation Act gives him that authority? The real question is—what really happened at the FICAC offices on September 5, and what’s on that recording? A COUP FROM WITHIN and It is a waste of the tax payers money. It is obvious, the PM is stalling and is a part of this fiasco that has kept him in Power.