Two weeks after the Prime Minister said the Acting Chief Justice had been wrong to cut off Christopher Pryde’s salary in advance of a tribunal hearing into the charge against him of misbehaviour, Salesi Temo doubles down and issues an astonishing statement that completely prejudices the DPP’s case.
Justice Temo says that Christopher Pryde’s salary has been cut off until a Tribunal hearing is held, confirming what we already know. That Temo and the other Judicial Services Commission members have pre-empted whatever finding may emerge, assuming a tribunal hearing is ever held, and deprived the DPP of basic justice by removing the sole financial means he has to defend himself.
Temo also prejudices the case by revealing something that Pryde is hotly contesting – that he paid himself almost $300,000 in superannuation payments without the permission of the JSC, even though these payments date back to 2012 before the Coalition took office and had been audited in successive years under the previous FijiFirst government.
It is an absolute scandal that the Acting Chief Justice – at the apex of the criminal justice system – should prejudice a case in this manner. It demonstrates beyond doubt that he is unfit to hold the position and if the Prime Minister, Sitiveni Rabuka, has any resolve at all, he should have Temo charged with misbehaviour because his conduct is outrageous and totally beyond the pale.
It is astounding under the circumstances that the Prime Minister continues to have confidence in the ability of the Acting CJ to do his job. Temo has thumbed his nose not only at the Prime Minister when Rabuka said Pryde’s salary should continue to be paid. He has defied all legal convention that the head of the judiciary remain above the law and allow due process to take its course.
What Justice Temo has done is unprecedented in Fijian legal history. He has brought the judicial system into grave disrepute. And someone whose job it is to uphold the rule of law has perpetuated a grave injustice against a senior officer of state who denies the charges against him and who Temo is now trying to prevent from clearing his name.
It is 14 days on Friday since the Prime Minister said that what was happening was wrong. Yet still Rabuka and his new Attorney General, Graham Leung, have not been able to influence a rational outcome from a man who has completely lost the plot and is a clear and present danger to the State and confidence in the rule of law.
We all had a right to expect that when Christopher Pryde was suspended, that the Constitutional provisions for dealing with the allegations against him would be followed. It is the supreme law. But the outlaw who occupies the apex of the judicial system appears to believe that he is not bound by the law. And for that, he must be removed.
Christopher Pryde was entitled to expect that the law would be obeyed. That as the Constitution stipulates, he would continue to be paid and get a fair hearing before the judges that the Constitution also stipulates should hear the allegations against him.
Why should we smell a rat, Fiji? Because for an entire year we have been told that Pryde’s alleged misbehaviour was being seen talking to Aiyaz Sayed Khaiyum at a Japanese Embassy reception. Then at the 11th hour came a fresh charge about alleged unauthorised superannuation payments, the vast majority of them made under the previous government and all of them audited.
Make no mistake. This is an appalling situation that ought to enrage every Fijian. There is no rule of law in the country under Justice Temo. And he must go and go now for there to be any confidence in the judiciary and in the criminal justice system.
He must also go because he regards himself as a law unto himself, breaking all conventions and disregarding the Prime Minister, who appears to be the only sane person in this entire sorry saga.
Sitiveni Rabuka, at least, understands basic fairness and natural justice. This self righteous, dangerous oaf does not. And his latest statement, which defies all legal convention, again demonstrates his unfitness to hold office. This time, beyond reasonable doubt.
Now how the local media has reported this bizarre statement. Says today’s (Friday’s) Fiji Sun: “JSC tells why Pryde’s pay ceased”.
The Acting CJ does nothing of the sort. He does not explain why he took the unlawful decision to suspend the DPP’s salary, only that the decision was made after a fresh allegation of irregular superannuation payments was laid against him more than a year after he was suspended for talking to Aiyaz Sayed Khaiyum.
So what? It is an allegation that should have awaited a Tribunal hearing for the judges to determine whether or not it is true. Instead, Salesi Temo has prejudged the issue, suggesting that the unlawful act of suspending Pryde’s salary was justified by the laying of the fresh allegation against him when it is not.
Why can’t mainstream journalists in Fiji see this? The crux of the story is that Christopher Pryde’s income has been unlawfully cut off before the tribunal hearing and he no longer has the means to defend himself. (see Grubsheet’s next posting on “all you need to know about the Pryde saga”)
And a Fiji Sun editorial that also misses the central point:
Now coverage from today’s Fiji Times:
How on earth Christopher Pryde can keep calm and carry on under the circumstances is genuinely one of the wonders of the modern world.
Please note, and I say it once again, this is Fiji, the Acting CJ is an iTaukei, this is his land and he will do what he thinks is right his way. All the vulagi conventions which normally apply in vulagi countries do not necessarily apply in Fiji. Fiji is a special place with special dispensation from God. No other peoples enjoy such dispensation.
And believe you me, this attitude and arrogance will not change any time soon. The vulagi government is gone, we now have an iTaukei government in place ably propped up by the NFP. This is iTaukei land and things will be done the iTaukei way. You all can go and get stuffed.
In other words, Santa makes the rules as he goes and what suits the purpsose at the time.
Santa is very flexible.
It’s a biblical prophecy. Never take too much pride in yourself. Karma will always have find it’s way to you.
Please, Fiji Law Society, speak out. Devanesh has done so, but where art thou?
Past local Judges spoke and wrote the best English. However, this statement reminded me of the learnings and corrections we did in Year 11 or Form 5.
Inaction by the person who matters most, the PM, may just see the suspended DPP being eventually handcuffed to Korovou. Winston and many in Fiji would then have the last laugh.
The acting CJ is a criminal judge and when he got annoyed with magistrate Puamau he listed a number of powers that he thought he had to take action. He recited these options in open court and they were reported on. Of these options many lawyers reported at least 75% of them were impossible. He’s a CJ that can think of 4 impossible things before breakfast – does this provide a hint of where things are in Fiji right now. Sadly other lawyers have disgraced themselves and standards now are all time low.
Rabuka has lost my initial benefit of the doubt. Rabuka has a clever knack for appointing people to carry out his agenda, then distance himself from these illegal decisions. Classic covert narcissist.
The joke is on all of you who foolishly gave the senile, treasonous, bankrupt, thug, serial liar, serial adulterer, snake, bottle collector, slr any benefit of doubt. The man is beyond redemption. He knows-no, is the mastermind behind everything in this shameful saga.
Remember this idiot signed off on aletter removing the queen of sluts from pap, then denied any knowledge; denied the weed and bonking in Melbourne, then took no action. You all are suckers taken for a ride. You the voters deserve this man.
A new broom may weep clean but an old broom knows the corners. The ag is as old a broom as they come. Don’t forget his gcc ‘report’blaming the vulagi for the ills of the native lagging behind while owning 95% of all resources.
These idiots and extreme racists make VB look like a saint.