Even before all investigations arising from the Commission of Inquiry into the Barbara Malimali affair are completed, the forces who have conspired to trash its recommendations are claiming victory and want anyone fingered by Justice David Ashton-Lewis absolved.
Well they would, wouldn’t they? Some very big reputations have been severely dented by the CoI’s findings. But all on evidence to a lawfully-constituted Commission of Inquiry headed by a Supreme Court Judge, including hard evidence not only based on witness statements but digital recordings.
The Fiji Times – based on comments from lawyer Richard Naidu, who was a witness at the CoI and played a role in the events at FICAC that were examined in great detail by the Inquiry – proclaims today that the “Tables have been turned” – turned presumably on Justice David Ashton-Lewis and the entire exercise.
How? Because the Acting DPP, Nancy Tikoisuva, has decided not to prosecute any of the 12 police cases arising from the CoI. Richard Naidu appears to be casting that as giving those who received adverse mentions in the CoI Report a clean bill of health. And he wants the judges in the current judicial review actions to get Justice Ashton-Lewis’s findings set aside to also pronounce that they shouldn’t have been made in the first place on the basis that they were unfair or unreasonable to those whose reputations have suffered.
Oh really? Here’s the problem with that:
1/ It is not open to the two High Court judges hearing applications for judicial review relating the CoI – Justices Dane Tuiqereqere and Saiiniu Fa’alogo Bull. – to say that Justice Ashton-Lewis got it wrong. He is senior to them – a judge of the Supreme Court, Fiji’s highest – and on the evidence presented to him made certain findings that still stand. The fact that the ODPP has decided on the basis of subsequent police investigations that there is not enough evidence to secure convictions and they may not be in the public interest is neither here nor there. And especially when there are serious questions over that decision because of the lack of information about who was being investigated, let alone whether the police investigations were adequate.
2/ Richard Naidu need only confer with his fellow campaigner against the CoI – Charlie Charters – to know that a decision by the ODPP not to prosecute is no clean bill of health. Take the case of Charlie’s mother-in-law, madrai queen the late Mere Samisoni. She confessed in a police interview that she had been part of a plot to burn down Suva by lending her car to ethno-nationalists to carry petrol bombs intended for use in the attack. But the ODPP was forced to drop the case when the confession was deemed inadmissible in court. Mere Samisoni wasn’t innocent. Her confession just couldn’t be used against her on a technicality.
3/ Just because Nancy Tikoisuva has decided not to prosecute the 12 cases arising from the CoI, it is not up to the two judges hearing the judicial review cases to rule that Justice Ashton-Lewis’s findings were unfair or unreasonable and shouldn’t have been made . That would require another judicial inquiry to hear the evidence all over again. And only then would those adversely mentioned be able to claim a clean bill of health – a formal judicial announcement that they are innocent.
4/ The CoI’s critics are fond of casting evidence to the Inquiry as “hearsay”. Yet on the basis of the main findings relating to what happened at FICAC on September 5, 2024, the evidence isn’t “hearsay” but was recorded digitally by FICAC’s former chief investigator, Kuliniasi Saumi. He was actually in the room with the recording device on when in the presence of a group that included the President of the Fiji Law Society, Wylie Clarke, the Chief Registrar, Tomasi Bainivalu, conveyed a message from the Chief Justice, Salesi Temo, to the then FICAC acting deputy commissioner, Francis Puleiwai, that no charge she laid – including the one she intended to lay that very day against Biman Prasad – would be heard by any court in Fiji.
The contents of the recording were backed up by evidence from witnesses, including a FICAC staff member who said she felt intimidated by Wylie Clarke, who said nothing as Bainivalu conveyed Temo’s explosive message to Francis Puleiwai.
5/ What happened during the December 5 confrontation – hard evidence on tape – resulted in adverse findings alleging obstruction and/or perversion of justice against the Chief Justice, the Chief Registrar, Wylie Clarke and others. On what basis, after a police investigation, has the Acting DPP decided that based on that evidence, there is no likelihood of securing a conviction or any prosecution would not be in the public interest? We have no way of knowing in the absence of any explanation from the ODPP or anyone else.
6/ As Grubsheet has already reported, we also don’t know precisely what evidence was presented to Ian Lloyd KC, the Sydney barrister hired by Nancy Tikoisuva, who she says has concurred with her decision not to prosecute any of the police cases. Did Ian Lloyd recommend that the police go back and revisit aspects of their investigation to firm up any case? There is no evidence that this occurred when it would be routine in any case in which a DPP would decide that not enough eyes (i) had been dotted or tees (t) crossed to proceed.
7/ As the former prime minister and Fiji Labour Party leader, Mahendra Chaudhry, has said, we need to know a lot more to be satisfied that proper procedures have been followed, including precisely who was the subject of police investigations and why they were cleared, along with the Ian Lloyd advice, which will have cost taxpayers a great deal of money when we know that senior Sydney Barristers of his calibre normally charge more than $F30,000 a day.
8/ Why is it important for the Fijian people to know who was investigated? Because it appears that the Chief Justice, Salesi Temo, wasn’t investigated despite Justice Ashton-Lewis accusing him of perjury and obstructing and perverting the course of justice and recommending that the Prime Minister consider advising the President to suspend him. To this day, that hasn’t happened. Why was the Chief Justice excluded from any investigation? This goes to the heart of the credibility of the criminal justice system and continuing public confidence in the judiciary in Fiji, which right now is in perilously short order.
9/ And perhaps the greatest reason Richard Naidu and his coterie should be faced down is this: Whatever has happened at the ODPP, matters arising from the CoI are still being investigated by FICAC. And the word from FICAC HQ is that charges are still to be laid, on top of those which have already been laid against the two sidelined deputy prime ministers, Manoa Kamikamica and Biman Prasad.
Why are both men telling people that they are going to be cleared? What do they know that the rest of us don’t? Because they have been charged with serious criminal offences and it is in the public interest that they are brought to trial to have those charges tested, not for those charges to be quashed before the truth is established.
As Grubsheet has already observed, the “crocodiles” who the Prime Minister asked Justice David Ashton-Lewis to remove from the pond have had a victory with Nancy Tikoisuva’s decision not to prosecute some of them. But it isn’t over until the Fat Lady sings, as the old saying goes. And for Richard “I have the means” Naidu to encourage the paper which doesn’t publish anything with legal implications unless he says so to proclaim “Tables turn!” isn’t only premature but raises a whole lot of other questions about the integrity of the criminal justice system and the Fijian mainstream media.
Well, he would, wouldn’t he?
Mahendra Chaudhry’s statement:
UPDATE:
The detailed Fiji Times report. It is far from being the full story, with no mention that FICAC investigations continue.
It also fails to disclose Richard Naidu’s role as the paper’s legal advisor.
There is not a single person named in that list of criminals that has an ounce of dignity, morality, honour or honesty in their whole despicable body. They are thieves in the night but operating in plain sight because together they feel empowered and untouchable.
They might feel high and mighty but the truth is, they are lowlifes who prosper by telling lies to protect themselves and their friends and relatives.
All of them will still go to church on Sunday and go on to proclaim their innocence as they are hypocritical scum. They are lower than the dogs that roam the streets.
Happy Australia Day, Graham. You deserve international recognition for your efforts to democratise feudal fiji.
You are very kind. Happy Australia Day back wherever you are. 🙂
A commission cannot make formal findings of criminal guilt or civil liability. Unless the findings are acted upon by powers that can, all the CoI will be is just another ride on the rollercoaster that is this government.
Where are the Opposition? Sleeping on the job or are they just incompetent and crooked. As self-serving just like the rest of them.
Talking about dogs, let’s not forget how Ritchie Rich, another dogla, and Baiman tag-teamed as Fiscal Review Committee Chairman and Finance Minister to increase VAT to a staggering 15% to soften the financial impact of the 7 year undeserved tax holiday to Munro Leys client Fiji Water and facilitate the salary increase for MPs.
Two bastards of the same feather who screwed the public of Fiji and indigenous resource owners. Richard used his position to advantage his Munro Leys client Fiji Water to the disadvantage of Fiji and native resource owners.
Dogla number two Richard (Dogla number one is of course Baiman) also managed to hoodwink our old and dumb prime minister Rabuka into agreeing with the scheme.
Bastard Baiman had received his comeuppance when forced to fall on his own sword. The lousiest deputy prime minister and finance minister in Fiji’s history should serve out the rest of his term as a backbencher as that’s where he belongs.
Not only will this traitor never win another election, he will take the NFP with him.
Arsehole Richard’s time is also nigh. This overrated lawyer is already losing it, as his rambling on FB and Fiji Times columns make less and less sense. Trying too hard to be witty and intelligent but it ain’t working.
What is shocking is that he is still Fiscal Review Committee Chairman after the VAT betrayal and sellout of native resource owners’ interests.
What is the finance minister doing?
Maichod half caste richard naidu and biman prasad shouid be jailed.
And these pigs bainivalu, temo, siromi and nancy.
All a big joke.
What can one expect when terrorist is a pm walking on amnesty.
The COI is like the Fiji version of the EPSTEIN LIST.
All the village idiots can’t be brought to justice because they’re protected by the system that’s supposed to maintain integrity and accountability.
Wow! The apparent breakdown of justice system opens up filling the pocket opportunities of those accused in COI Report!
If each of the 12 accused in COI will get $5m each then next Budget should make an allocation of about $50m for this and this can be financed by increase in tax rates or more borrowing to be paid by taxpayers in future.
Overall, the total cost of the entire legal drama for Coalition Govt from the appointment of COI, corrections commissioner tribunal, DPP Rabuku appointment tribunal, pryde dpp discipline tribunal, Malimali dismissal Legal challenge, Baimaan and Kamikamica investigations and many other investigations into Coalition’s scandals would definitely cost the taxpayers over $100m before the new Government is appointed. It is safe to say that this $100m would have fixed hospital leaking roofs, solved water woes in some areas, constructed small bridges, etc.
Good article, Graham. Thanks for keeping up an opposing view. It’s just outrageous.
Here’s hoping FICAC does something although I have just about given up hope that anything will be done.
I can’t imagine how anyone with any sense of decency can look at the entire situation with Puleiwai and Saumi and others merely doing their jobs and then being bullied so ferociously out of the way and think that is somehow not abuse of office/obstruction of justice.
Overall the use of state institutions and powers for one’s own personal objectives, including vendettas, continues and this is what we all expected the CoI process to end.