Two sitting politicians – Jone Usamate and Ketan Lal – have joined the Unity Party’s Savenaca Narube in calling on the Prime Minister and President to suspend the Chief Justice, Salesi Temo, over the allegations of criminal conduct made against him by the Supreme Court Commission of Inquiry into the Malimali affair.
The three join the two other political figures who have long been calling for the CJ’s suspension – the Opposition leader, Inia Seruiratu, and the Labour Party leader and former prime minister, Mahendra Chaudhry.
So why isn’t the Prime Minister acting after he reportedly told other members of the Constitutional Offices Commission that the Chief Justice must go and they reminded him that it is his constitutional duty, not theirs, to advise the President to suspend Salesi Temo?
Is he waiting for the conclusion of the current trial of Aiyaz Sayed-Khaiyum and Mohammed Saneem that the CJ is presiding over before he acts? Or could Sitiveni Rabuka and Ratu Naiqama Lalabalavu be seriously contemplating simply riding out this scandal and hoping it will all go away?
With five alternative political leaders and counting calling for Salesi Temo’s removal – three since Temo’s lawyer, Isireli Fa, threatened legal action against politicians who raise the case in public – that is a very vain hope indeed. Sitiveni Rabuka has only one plausible choice – suspend the Chief Justice or this issue will dog him all the way to election day.
The tenor of Jone Usamate and Ketan Lal’s interventions in defiance of the legal threat against them couldn’t be a more resounding “eff you” to Temo and Fa. The pressure on the CJ and the pressure on the Prime Minister and President to remove him is steadily building and at some point, they are just going to face up to political reality and give in.
Rabuka’s vaka malua attitude to implementing the findings of the Commission of Inquiry, having promised to do so, is doing serious damage to both his political standing and confidence in the criminal justice system in Fiji. It is unprecedented for politicians to be talking about a chief justice in the manner that the “Courageous Five” are now doing. And even more striking that their comments are now being reported in the mainstream media.
Just as the Coalition’s strident position on Israel is now a festering wound that is eroding support for the government, so too is its failure to act on the COI. And both are potent election issues that Sitiveni Rabuka either diffuses or this is a long, slow bleed all the way to judgment day at the ballot box.
He has no choice but to suspend the Chief Justice, not only to save the government’s reputation but the reputation of the judiciary and the entire criminal justice system.
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Hi GD
It’s too little and too late. The horses have bolted out of the stable and the CoI’s report has become insignificant in my humble opinion. Because the “decision” makers (PM, President and their advisors) have waited far too long and as a result of their failure not to take action against the named individuals had diminished the credibility of the findings of that Report. So much so that the Report is now before another judicial body with a view to challenging it’s credibility. Sadly, once again, in my humble opinion, the “damage” had already been done including the crtiticism of Judge, challenging his professional standing as well as it’s Counsel reputation, who was assisting the Inquiry.
Things could have worked out entirely differently had Christopher Pryde returned back to Fiji as soon as he was cleared and taken back the role of the Director of Office of Public Prosecution.
Sadly, Fiji’s legal position has become absolutely corrupt and unsalvagable, including the “Bar’s” failure to act against its members who had brought their profession into total laughing stock and disrepute.
Disagree. The Chief Justice has overplayed his hand. His decision to set up a judicial review to quash the COI’s findings altogether, including the allegations against him, as well as choosing the judge who will hear it, is way out of line and isn’t going to fly.
You can’t have a judicial review of the findings of a Supreme Court Commission of Inquiry. It isn’t possible legally. A judicial review can only be sought if the COI recommendations are acted upon – if people lose their jobs, as in the case of Barbara Malimali, or are eventually convicted.
Temo is putting the cart before the horse but the horse has bolted. He has had a COI finding against him alleging perjury and obstructing and perverting the course of justice. His position is untenable and the Prime Minister knows it. He just lacks the courage to act. But this isn’t going to go away.
Temo must be suspended – in line with the newly confirmed Constitution – and tried for misbehaviour by a panel of three judges. This is aside from any police investigation into the allegations against him, which isn’t happening because the Prime Minister says he “deserves natural justice”. Why Temo and not others who are under investigation? The whole thing is a farce.
Remember, the allegations against Temo and the President of the Fiji Law Society, Wylie Clarke, in relation to their conduct at FICAC on September 5 last year aren’t hearsay. The events were recorded. They are on tape. They are hard evidence that will not go away. And both men are going to have to answer for their conduct in appearing to have perverted the course of justice.
Temo is now compounding his abuse of office by trying to thwart a legally constituted Commission of Inquiry. He is using his position to benefit himself, to get a judicial finding against him quashed. It is an outrage and must not be allowed to happen.
Good. Finally. It is up to the politicians to speak out now, as the ordinary citizens have been muffled by fear of prosecution. Not just by the threats of Fa, but because the threats of Fa play to the truth that those who comment on anything may be arrested and charged and remanded if the “offend” or “annoy” anyone online.
I saw yesterday that 60% of complaints under the Online Safety Commission were instigated by women. It would be interesting to know what percentage of that 60% have been instigated by LT personally.
ALL the politicians need to speak out. Fa can’t prosecute them ALL.
When a country allows its most important rules and standards to weaken, its future is put at great risk. We can see this clearly by looking at the history of other nations.
In the Congo, after the colonial power left quickly and without a strong plan, the country fell into chaos and violence. The standard of law and order broke down, and the people suffered for decades.
In Zimbabwe, the government failed to protect property rights and good economic management. This led to the collapse of farming and industry, and money became worthless. The living standards of ordinary people were destroyed because the rules that kept the country stable were abandoned.
South Africa today also shows the results of weakening institutions. Problems with crime, corruption, and a struggling economy show what happens when the standards of good governance are not maintained.
The lesson for Fiji is clear: if we lower our standards, we jeopardise our peace and prosperity.
This is why the current situation with the Chief Justice is so serious. The principle of the rule of law means that no one, not even the most powerful judge, is above the law. To protect the courts’ integrity, the Chief Justice should not wait for the President or Prime Minister to tell him what to do. He should step aside himself and allow for a full and proper investigation.
If he does not do this, then the Prime Minister and the President must do their job. They have a duty to act. Allowing a cloud of suspicion to hang over the highest court jeopardizes the entire justice system.
When leaders fail to uphold the law, they fail the nation. Fiji must learn from the mistakes of others and choose to uphold our standards, not lower them.