The revelation that the Ashton-Lewis Commission of Inquiry into the “rotten” circumstances of the appointment of Barbara Malimali as FICAC Commissioner requested that Malimali be stood down while it investigated her but that request was denied throws searing scrutiny on the role of the Chief Justice and head of the Judicial Services Commission, Salesi Temo.
The Fiji Sun reports that the Commission headed by Justice David Ashton-Lewis specifically recommended to the then President, Ratu Wiliame Katonivere, and the Prime Minister, Sitiveni Rabuka, that Barbara Malimali “be relieved as Commissioner pending the COI inquiry”. That they said “no” means that Salesi Temo – as head of the JSC – must have advised them to keep her in place.
Being stood down didn’t happen when it should have. And the question arises as to WHY. Because we now have Barbara Malimali blatantly misusing her power in having sacked FICAC’s Manager Investigations, Kuliniasi Saumi, on Friday immediately after he gave evidence over four days in the witness box. And blatantly intimidating other FICAC witnesses who are yet to be questioned.
It is an outrage and Barbara Malimali stands accused of contempt of the Commission of Inquiry and of attempting to pervert the course of justice.
She must not only resign – as the Opposition MP, Jone Usamate, calls for her to do. If she refuses to resign, she must be suspended as FICAC Commissioner for misbehaviour. And in any event, she must have the book thrown at her – a charge of being in contempt of the Inquiry and a bench warrant issued for her arrest if she refuses to appear again before Justice Ashton-Lewis to explain her extraordinary conduct.
But it is also time for the blowtorch to be applied to the Chief Justice, Salesi Temo, who as head of the JSC, will have advised the former president not to relieve Malmali of her duties while the Inquiry sits. What possible justification can Justice Temo have for not having acceded to the Commission’s request? It is standard practice the world over. And we are now seeing the result of his disgraceful negligence – Barbara Malmali misusing her power to punish a witness, in the case of Kuliniasi Saumi, and intimidate anyone else at FICAC who the COI might want to question.
It is totally unacceptable. And proof conclusive that Salesi Temo is a threat to the national interest as head the judiciary. This is in addition to his defiance of the Constitution with his appointment of John Rabuku as Acting DPP, which was ruled unlawful by three Supreme Court judges because of Rabuku’s professional misconduct. And his astonishing attack on the now reinstated DPP, Christopher Pryde, in branding Pryde a thief who had stolen from the Fijian people when the DPP’s allegedly unauthorised superannuation payments turned out to have been in his contract and had been approved by successive presidents.
Salesi Temo is unfit to be Chief Justice in the same way that Barbara Malmali is unfit to be FICAC Commissioner. And both of them must go to begin the task of restoring public confidence in the criminal justice system. It is the Prime Minister himself who described the process of her appointment as “rotten” and so it is even without the Commission of Inquiry’s findings. But he too cannot escape censure as rumours swirl that he has orchestrated the entire debacle.
Why did the Prime Minister confirm Salesi Temo in the substantive position of Chief Justice on Christmas Eve just a day after the Pryde Tribunal judges exonerated the DPP of misbehaviour? It was clearly to shore up Temo’s position in the face of a stinging embarrassment. But it has been an absolute disaster for the judiciary and the entire criminal justice system in Fiji. And for the national interest as a whole.
It is a matter of utmost urgency that Barbara Malmali is relieved of her position. Because she has grossly abused her power by firing her chief investigator after giving evidence at the COI and is also blocking him from accessing FICAC files about which the Commission says it wants to question him further. Yes, it’s called perverting the course of justice. Which is why the police are now investigating Malimali and she cannot possibly remain as the chief corruption watchdog while that investigation proceeds.
There is another element of grave public concern and these are rumours sweeping the criminal justice system that Barbara Malimali is poised to charge Christopher Pryde with abuse of office as soon as he sets foot in the country to resume his position as DPP next Monday.
The complaint against the DPP has been made by Malimali’s close friends at the ODPP, Nancy Tikoisuva and John Rabuku, who have recycled allegations from the same file that the JSC used in its failed attempt to nail Christopher Pryde. The DPP was exonerated by the three High Court judges who investigated him for misbehaviour but his subsequent reinstatement by the President simply isn’t accepted by these rogue elements and they are said to be determined to get him.
Is this fresh attempt to nail Christopher Pryde supported by the Chief Justice, who kept the DPP waiting for 21 months to clear his name, cut off his salary so that he couldn’t properly defend himself and branded him a thief? It is a perfectly legitimate question to ask under the circumstances. Because it suggests that the Prime Minister is indeed correct when he refers to a “rotten process” in a rotten system.
The public also deserves an explanation from the Attorney General, Graham Leung, as to why he has reportedly tried to shut down the Malimali Commission of Inquiry.
The Constitution requires Barbara Malimali as FICAC Commissioner to give the AG “regular updates and advice” about its activities. Did Barbara Malimali inform Graham Leung of her plan to sack her chief investigator? Have they discussed shutting down the COI? Have these discussions involved the Chief Justice? Is it – as some are alleging – all about burying evidence of a conspiracy to protect Biman Prasad – the Deputy Prime Minister – from being prosecuted for abuse of office?
Questions, questions, questions. All to which the public deserves answers. Graham Leung is very good at talking about transparency and accountability on the part of others but has developed a shocking record in government of not doing so himself. And there are also serious questions about the conduct of some of the AG’s legal contemporaries in private practice in relation to Barbara Malimali and the COI, including Richard Naidu and Wylie Clarke, the President of the Fiji Law Society.
What possible conclusion can the Fijian people reach other than that there is something very rotten in the state of Fiji? Things are happening that pose a clear and present danger to the rule of law and to our democracy (or what passes for it). And as Jone Usamate has said, none of it is acceptable and it simply cannot go on.
And again, why did Salesi Temo as head of the JSC appoint Barbara Malimali as FICAC Commissioner when she had been barred from ever practicing in Tuvalu again because she was “not a fit and proper person”?
Did Temo know about the Tuvalu attorney general’s ruling? Or didn’t he care?
More evidence of a rotten process in Fiji.
The greatest threat to democracy is not Rabuka. It is Temo. He, along with his baboon who holds the position of Chief Registrar, have set out to destroy the judiciary, ensuring no cases against this government or any of their cronies ever sees the light for day.
It was anathema to the iTaukei to have an Indian as the Chief Justice or Chief Registrar After all, they are senior judicial roles and all senior roles can only be held by iTaukei, regardless of what their record is.
In their ethnic cleansing of the government and offices of state of any non-iTaukeis, they have appointed people who have no scruples. People who will do anything, including engaging in some very nefarious actions, to carry out Rabuka’s dirty work.
I get that the mission of this government was to uplift the alleged “owners” of the land they call Fiji, but surely they can’t have been this stupid and appointed crooks, who themselves are under investigation?
Disgusting.
AG this is not just a failure of leadership; it is a betrayal of public trust. The people deserve transparency, justice, and leaders who prioritize the rule of law over a government bent on staying in power . Instead, we are witnessing power being abused and accountability being trampled underfoot.
The Prime Minister and those complicit in this scandal must be held to account before the stench of their actions becomes irreversible.
This is seriously disturbing.
She removed a key witness.
She should be immediately detained and charged by Fiji Police.
This woman must be removed from the FICAC office now, this very minute.
We have dangerously low regard for the law of the land. A very dangerous situation is unfolding.
I am unhappy with the COI not allowing media coverage. I understand Fiji’s media like the Fiji Tines and Mailife as way removed from the truth but Grubsheet and Fiji Sun could have provided the public with accurate information.
Nevertheless, I now also understand how crooked Temo, Rabuka, Malimali, Biman and others are. Wylie should be removed from his position immediately too.
Malimali’s face is vomit material.
Just look at her and her attitude on show.
Temo, AG, and Vosarogo were her referees to the FICAC role. That itself is questionable.
A non performer is given the role.
She continues to bully so many people.
I am glad that another investigation is on her at Fiji Police but has the Fiji Police achieved anything?
Rabuka is labelling things as rotten.
Don’t be least surprised that he is the master mover of all this behind the scenes.
Fijians need to stand their ground.
People must vacate or leave gatherings where the Coalition government leads present themselves. Let’s give them a huge up yours in all places. A big up yours to Biman the traitor too.
Malimali must be arrested and charged now.
We have an independent office of FICAC under grave danger.
This is a significant national concern and a security issue given all high level investigation files are at FICAC.
Our Constitution is trampled upon.
Where is the RFMF?
They need to stop polishing their boots and start acting.
How much longer do Fijians wait for this nonsense to stop?
This is insane thuggery on a daily basis.
The people of Fiji are now losing patience as the dark days are right here. We cannot trust our law makers in the country anymore.
Dont drag the RFMF into this. They can’t even provide a decent answer to the parliamentary sub committee on why they (RFMF) did not provide annual reports. So how can we put any faith in them resolving problems in the Judiciary?
Be careful what you ask for.
BS, Anonymous. You know exactly what Dancing on thin ice is refering to when referencing the lame rfmf.
CONSTITUTIONAL duty of the rfmf is to be the keeper of the constitution, the guardian of the constitution.
There is nothing to be careful about “what you wish for.”
It is the rfmf’s LEGAL duty to follow the constitution to ensure the very same constitution everyone in government both elected and appointed has sworn to uphold and protect. Simple.
Stop with your rubbish and lame attempts to disguise your threat to.warn others to be “be careful.”
You know full well what the constitution says about rfmf role.
Or are you one of those who prefer to selectively apply the supreme law?
Or are you like many many many “christians” that prefer to use and believe the vulagi bible selectively.
I think that we the Fijian public, know by now without a doubt that something is very wrong somewhere with all these investigations into public officials and office (s) in such a short time under the governing period of the Coalition Government. The ripple effect it’s causing is definitely a grave concern for many on the character and caliber of the individuals and the integrity of processes, which are designed to keep corruption and shady deals out in a properly governed situation.
BUT, what happens when those appointed to public office are the ones wheeling and dealing in the currency of political and personal favours to subvert process and protect each other as they loot the national coffers and seek to calculate how to malign whoever they perceive as not standing for their “cause” ?
One comes to the inevitable conclusion that the rot must be so deep that the courts, public offices which are meant to be independent and enforcement agencies cannot do anything or perhaps the question becomes do they deliberately choose not to do anything?
Someone is lying or hiding something and as is the case, when the truth is about to be revealed or exposed… the knives come out and of course there will be no loyalty amongst the thieves .
And at the top of the pile of all this nonsense is an inept and aged Prime Minister who without a doubt has lost the plot!
If we look at the 2022 general elections results PAP secured only 36% of total votes , NFP 9% and SODELPA 5%. They had to combine to overthrow FFP who had on its own 48% of votes.
From day 1 all these coalition parties have been doing is brokering deals and it shows because it appears that all their appointments seem to broker deals for themselves too – while we the Fijian people watch aghast.
It appears Ms Malimali by virtue of her appointment to the role of FICAC Commissioner has become the glue that has all those brokering deals stuck together – CJ, SG, AG, DPP, NFP, PAP and SODELPA.
And if this is true – then we are about to witness the biggest take down of public officials in the history of the Pacific!
Congratulations coalition government – your legacy will be a scandalous self serving one that will never be forgotten as the lesson of what not to do when a government comes into power.
Bring on the general elections !
We the Fijian people are so over this circus of a government that is called the Coalition.
And $30k has been paid from FICAC budget to Barbara Malimali’s s legal counsel Tanya Waqanaika authorised by BM despite being told she was not entitled to this benefit. Reported by Victor lal this morning.
And that is the glue, Tanya Waqaniika should be investigated as well.
Tanya was the strong voice in the Sodelpa pushing for this coalition after the 2022 elections and she immediately benefitted from it.
Rabuka holds on to his corrupt cronies and does his best to cover for them as long as he can.
Then once it’s gone well beyond being tenable anymore for his position, he uses the opportunity of their departure to reappoint another crony to reinvent his own reputation with such a “clean sweep.”
Dont blame Rabuka. He has yet to be officially informed so cannot do anything.
Her sacking is long, long overdue. Untouchable Milamila’s “rotten” appointment circumstances are not similar but identical to Temo’s. Both were undoubtedly endorsed by Rambo.
And just as the DPP inquiry was going to be the biggest integrity test for Justice Tuilevuka, Saumi’s complaint to Police will be the biggest test too for the incoming Police Commissioner Rusiate Tudravu.
With the above and new corrupt practices emerging by the day, no wonder crime is soaring daily, in the Central, Eastern, Western plus Rambo’s and Pedo’s very own Northern Division.
Sadly, the over-qualified reconciliatory Commander is outrageously quiet while his Chief of Staff has been advocating and assuring the public about the Force’s commitment to adherence to the rule of law.
@ Outrageous
Sadly for you – but joyfully for many others- that the Commander RFMF has chosen to stay out of the mess created by civilians.
Those who created the mess must clean up after themselves. Did your grandmother not teach you that?
Let us respect and leave out our grandmothers please.
Mess created by civilians. How outrageous! Government is littered with ex-military civilians after all.
The stupid Stanley rises again with his forever nonsensical posts when the nation is at its knees. It is no wonder why media is not allowed inside the COI room. This fool of a journalist is a good reason why countries fail. He should choose to keep his mouth shut. His post on FB shows how far up the coalition government’s arse he has managed to reach.
“What is underway is a fierce and desperate battle for control and influence over the mechanisms and systems of our judiciary and its key institutions. Critical institutions that can decide legal and political direction and fortunes such as the Judicial Services Commission, Chief Justice, Chief Registar, FICAC, Office of the DPP and the Elections Office. The ones that have the power and can be used and have been used to charge political opponents and decide on key cases. The institutions that had been, for the last 10+ years under the direction and influence and control of just one man. One man who controlled everything.
When he went out – that battle between the team left behind and the team trying to move in, or muscle in began and is still ongoing. Plus the refs trying to guide things or move things one way. The team or teams muscling in sometimes join together or sometimes turn on each other depending on the issues. While the team that was left behind is trying to show that they were never under the influence or bidding of anyone, but have always been the beacon of integrity!
The people doing the checking and Inquiries also have issues yet to come out!
The battle could have been long over, but the drama made worse by poor decisions from the top, beginning with a poor initial choice for AG. Followed by poor choices all around. More later.
Sounds like a script for a good movie, No?” Stanley Simpson.
Yes, cast as one big tug-of-war and it’s all Aiyaz Sayed Khaiyum’s fault. Nothing about the importance of independence and continuity in the institutions of state. It is about the new crowd asserting its dominance over the last but messing it up in the process.
We were promised better than Aiyaz, not more of the same or worse. No wonder the country is in such a mess.
Better the devil you know GD, and the people have started leaning that way.
Stanley speaks from his crapping orifice.
$1.5m government propaganda grant compels this ‘journalist’ to blow smoke up the grantor ass.
Welcome to the YEAR OF THE SNAKE
https://www.abc.net.au/news/2025-01-29/lunar-new-year-of-the-snake-quiz/104845164
What’s the story with Barbwire forcing her legal department to pay 30k to Tanya Waqanika as legal fees for the COI?
These nutters are so corrupt!
Victor Lal is reporting it at Fijileaks. I have no information about it but wouldn’t be in the least bit surprised.
Wailei. You need to understand the 30k is not for the lawyer/liar. It’s 15k for the lawyer and 15k for Big Mamma Malimali.
I could be wrong on the ratios here but both have pocketed the money. It’s a typical case of “you scratch my back and I’ll scratch some part of you.”
They’re soul sisters and shared the paisa love.
What a mess Fiji is in. Donald Trump should take over Fiji. And if Fiji doesn’t comply, then Donald can impose a 50% tariff on Fiji and increase it to 75% the following week. He can ban all government officials from Fiji entering USA. And Donald can stop all aid to Fiji.
This latest saga is, again, first hand evidence that the head of government, SL Rabuka, has lost control. He is basically leading a government that has lost its way and is on the verge of imploding which will have drastic consequences for the very fragile nature of Fiji’s economy.
A very sad state of affairs when the head of FICAC is still in office whilst there is an investigation, and enquiry over her appointment. She is acting the way she is simply because Rabuka and Temo are empowering her behaviour. She probably has intel on these two lame less individuals hence her arrogant and unlawful actions.
The other party that is as equally responsible for empowering her behaviour is the press corp in Fiji. Their exclusion from being present in the COI speaks volumes about their total lack of professionalism, and it’s inability to ask the hard questions regarding the current state of affairs in the legal institutions of the country, apart from other critical issues that the country needs to know.
One thing that’s clear is that anarchy is inevitable given that the itaukei are not going to submit to the rule of law. They know that deep down, Rabuka is still working on completing his ethno nationalist project of squeezing the vulagi out of any significant leadership role in the country, and to eventually get them out of Fiji altogether. The vast majority of educated itaukei has to now put up a resistance. They have to be the voice of reason and logic against this government who is intent on dragging the nation into economic and social collapse. They must stand in the way of Rabuka who will try to portray himself as the saviour of the nation.
Rabuka, Leung, Temo, Clark, Malimali, Turaga, and others will be guilty of overseeing this descent into chaos. Their silence as the law and constitution is ignored, is proof of a deeper, and troubling state of affairs that’s crippling the government of the day.
Unfortunately, and based on what is being witnessed on a daily basis, the worst is yet to come.
Nothing surprises me when it comes to Fiji and the incompetent CJ Temo.
Temo has shown time and again that he will do anything to ensure that his prodigal appointees are protected. I will bet that he has spent a considerable amount of time plotting against the returning DPP, no doubt with the assistance of his litter of dishonest people in positions of authority who are trying to acquire illicit benefits or to abuse power for their personal gain.
The antics of the clearly tainted FICAC Commissioner aided and abetted by the incompetent CJ are the perfect example of the Fiji legal system being corrupted. They suspend Christopher Pryde based on a conversation whilst Barbara Malimali continues in office whilst subject to a Commission of Inquiry, talk about double standards. At least Tuvalu knew how to deal with Barbara!
You would have to be stupid to believe that individuals or businesses who are not iTaukei would receive justice in Fiji at this time.
The reputation of Fiji is being trashed by these people.
Temo and Naiqama are effectively running the country, aided by Rabuka’s weak leadership, while the Coalition government remains directionless in the political and economic governance of the country.
It’s obvious that they are shielding Barbara Malimali, who should have been suspended before the Commission of Inquiry commenced. Instead, she remains in office protected by Temo, Leung, and Siromi despite the allegations against her.
Rabuka’s failure to assert control has allowed this situation to persist, with his ministers openly backing Malimali and disregarding proper processes. Meanwhile, the Fiji Law Society, under Wylie Clarke’s presidency, remains silent – unsurprising given his close ties with Malimali.
With the reputation of FICAC and ODPP worsening, the rule of law is being undermined, and accountability is being eroded at the highest levels.
There should now be widespread calls from the people of Fiji to sack Temo and Malimali.
Saw a comedy advertisement recently about TEMO THE TERMITE…this one is eating up the judiciary!!
Barbaric Barbara, Loose Lynda and Salty Temo all need to go.
Loose Lynda still shamelessly visiting desperate, no money people and organisations to buy their votes as the cheap PR continues. Her last chance to show the PEC that she has something to offer lol
But God hears and watches ALL evil plans hatched behind closed doors. He knows all of them by name. And they know who they are.
I predict Queen Karma stretching that bow string way back to deliver one fatal blow to these dancing clowns and end this circus once and for all in 2026.
Yay, keep going desperate B!$&@$ 👏🏻👍😄
Season 13 is coming!!
Karma is a bitch. Temo, Rabuku, Turaga, Barbara should all go. How much worse does it get until Rabuka takes any decisive action. I am sick and tired of reading the failures of this government for the last two years. Bring back Bainimarama.
Here’s a post from ASK’s Facebook page:
https://www.facebook.com/share/p/18X1EA3mgi/?mibextid=wwXIfr
This is now old news. But thanks. The points he makes are all valid.
OMG so many words and paragraphs.
He really is in love with the sound of his own voice and polysyllabic utterings.
@liddlejohn ^^He really is in love with the sound of his own voice and polysyllabic utterings.^^
AND beyond your ingrained prejudices and limited intelligence to comprehend.
It’s all right buddy, don’t feel inadequate and inferior.
You gonn be awright.
Rabuka must be livid that he called the COI in the first place. It is getting out of hand.
There is an unwritten rule that you never call an inquiry unless you already know the outcome. This falla has lost all control. In fact he lost control 38 years ago and has not recovered since. But why it is only me who seems to see this, because the rest of Fiji seems to be holding their breath that this falla is gonna fix things in Fiji. Nothing has happened for them in 38 years.
Why do people in Fiji think that? What is wrong with the people of Fiji?
The majority of people in Fiji don’t think.
Confidence in the justice system is eroding and we have a prime minister and president who can’t do anything.
It would be best that the custodian of the constitution, the RFMF, steps in before it is too late. The level of corruption, drugs, prostitution, and organized crime is growing. We are also witnessing the increase in number of murders too. Quality of journalism has also deteriorated since 1987 and print media can no longer be used to improve literacy.
At the end of the Day, the buck stops with the PM. He is in charge. This in essence and the dismal perfomance of his Ministers, their non perfomance, lack of transparency, all the things is a reflection of his leadership- or lack thereof. And the 2m expansion of cabinet is nothing to worry about- feeckk… Keimami sa oca. Dou yavu MACAWA! Totolo ga mai na 2026
Hey Wait. Khaiyum said he is really sick. I don’t think so. He is fit and fine. To much lasulasu rehh.
Oilei…another dolt still stuck on khaiyum..Whilst milamila is running amok left right and centre.
ASK may have medical ailments as many of us do. That remains private and confidential same as for everyone else.
He certainly is not sick in the head you dunce.
@ Take a break.
How do you know he is not sick and telling lies ? Do tell or are you just trying to discredit what he’s said about the current government’s blunders?
Can someone please report Malimali to Ficac about this recent incident.