We already know that the justice system in Fiji is in grave peril when the Chief Justice, Salesi Temo, can be accused by a Supreme Court Commission of Inquiry of perjury and perverting the course of justice yet still remain at the pinnacle of the judiciary. But Temo’s latest conduct towards the former attorney general, Aiyaz Sayed-Khaiyum, is utterly unconscionable set against any conventional standards of decency.
With Khaiyum reported to be seriously ill and even near death having suffered a stroke and heart attack and having spent the past two weeks in the Aspen Hospital in Lautoka, his lawyers are desperately trying to obtain a hearing to make a fresh application for his bail conditions to be varied so that he can obtain urgent treatment overseas. But Salesi Temo is reported to have gone on holiday to Taveuni and refuses to delegate any hearing on the application to another judge.
Reports reaching Grubsheet of the conduct of the authorities towards Aiyaz Sayed-Khaiyum and his family are seriously disturbing for anyone who believes in the principle of justice and the right of the accused to the presumption of innocence.
Incredibly, not only can’t the former AG’s lawyers get a hearing but police from the CID have turned up at the Aspen Hospital with a warrant demanding access to his medical records. As if a certificate properly obtained from those treating Khaiyum and presented to the court hearing the accusation against him of abuse of office isn’t enough.
FACT: Aiyaz Sayed-Khaiyum has been in hospital since July 14 having suffered two major health challenges – a stroke on top of a recurrence of the heart condition he has suffered for some time.
FACT: It is serious enough for the opposition MP, Ketan Lal, to have written that he was reduced to tears when he went to visit the former AG.
FACT: Cardiologists in the public and private sector are saying that Khaiyum’s condition cannot be properly treated in Fiji and he urgently needs to be permitted to access treatment overseas.
FACT: He requires specialist assessment for a “slow heart” and needs to be seen by an electrophysiologist.* Doctors have also recommended that he be examined by a neurologist following his stroke.
SUPPOSITION BASED ON EXPERT MEDICAL OPINION: Aiyaz Sayed-Khaiyum’s life hangs in the balance and his doctors say that if he doesn’t get the required treatment quickly, he may well succumb to another stroke and heart attack that could prove fatal.
In spite of all of this, his case has not been called for a hearing despite a medical report being submitted to the court Registry.
Justice Temo is said to be on holiday in Taveuni until Sunday and has not responded to urgent messages from Aiyaz-Sayed-Khaiyum’s legal team.
The Chief Justice has also directed that no other Judge can hear the case. This comes on top of Salesi Temo insisting that he and he alone will hear the case against the former AG and the former supervisor of elections, Mohammed Saneem, which has given rise to acute concern that the pair cannot get a fair trial and that Temo is determined to put them behind bars.
Whatever the truth of this, the fact remains that the Chief Justice is displaying an astonishing degree of callousness towards a man with three young children whose fate hangs in the balance because of the breakdown of his health.
This is the fourth application seeking a variation of Khaiyum’s bail conditions so that he can travel overseas for medical treatment. For the past year, doctors have consistently advised the court that he is at risk of suffering a stroke and/ or heart attack if he doesn’t receive the proper degree of care. That stroke has now occurred and his heart condition has worsened but still Salesi Temo is unmoved.
FACT: The former AG remains at risk of a fatal stroke or cardiac event.
QUESTIONS ARISING FROM THAT FACT: Are we as a nation willing to continue to place his life at risk? Are we willing as a nation to have blood on our hands if Aiyaz Sayed-Khaiyum dies suddenly for lack of treatment?
The attitude of the Chief Justice has been extraordinary. Salesi Temo took it upon himself to issue gratuitous advice about where Khaiyum could get appropriate treatment locally when the Judge is patently not a medical expert. And he has said that he looks forward to him having a speedy recovery so that his trial can proceed.
This is a man who remains in office as Chief Justice despite a finding against him of being liable to charges of serious criminal conduct. But Salesi Temo has no right to play God and he must heed the advice of medical experts before it is too late.
—————
UPDATE FRIDAY AM:
Grubsheet is informed that Justice Temo has now contacted Aiyaz Sayed-Khaiyum’s lawyers to say that he will deal with their application when he returns from his holiday on Monday. He will not be expediting the matter today and will not be allocating another judge to deal with the matter in his absence.
Correction to the above: It is Devanesh Sharma, not “Davinesh”
*
Reader Interactions
Comments
Take a break sayssays
What if an ordinary person have similar conditions in Fiji as ASK is having or is he having at all?
All treatments are available in Fiji.
In my opinion which doesn’t matter to others, but it matters for truth, is that ASK is a good natural actor.
Dr. Take a break is a classy guy and a compassionate christian to boot. And full of sh1t too. An epitome that blind racism prevents clear thinking.
The Fijian government and judiciary practice its own special brand of blind racism and fail to realize this clandestine conduct is state sanctioned murder.
Criminal pedophile in chief and criminal Sona Rolex serial liar and serial adulterer Snake are leading this gross violation of human rights.
Blind Freddy can tell you about the substandard hospitals in Fiji, which is why those who can travel to India for treatment do so. Hospital-acquired infections are rife and it is not golden staph but more controlable bugs like E.coli or pseudomonous…the latter two attributable to poor hygiene of health workers and inadequate sanitisation of medical equipment. The point is while one is being treated for their condition, they actually die from hospital acquired infections. And let’s not talk about the bed manners of doctors and nursesðŸ˜.
What is interesting is the silence of the father in law especially in fiji where cronyism and nepotism are standard business. As deputy PM, he has not made any comments. It almost seems like he is wanting his daughter to be widowed and grandchildren to lose their dad!
If one reads comments on social media, you will be shocked at the level of hate for a sick man. It’s mostly from itaukei men and even women.
You may not like ASK but for God’s sake let him get well. There are worse people in government. At least Aiyaz didn’t commit treason, pedophilia and other crimes committed by the people in government now.
But what can one expect when rapes, infanticide, drugs, robbery etc is happening on a daily basis and no one bats an eyelid. You just have to read an article put in by Ms Jalal which our media reported after she exposed it. About the brutal rape of a child by its father enabled by the mother in Micronesia by a Fijian couple. So expect no mercy even from the children’s grandfather, Gavoka.
Who is truly in control of Fiji today? It isn’t the elected Prime Minister. All signs point instead to Chief Justice Salesi Temo — a man shielded from scrutiny, despite serious allegations detailed in the Commission of Inquiry (COI) report.
Rabuka’s government neither acts nor explains. Is it because we have a Prime Minister too weak and distracted by his obsession with rewriting the Constitution? Or is the real problem that Temo’s appointment as Chief Justice was rushed by Rabuka himself — making it politically impossible to hold him accountable now?
Or is there something far darker at play? A hidden agenda where Temo and Naiqama serve as critical cogs in Rabuka’s political machinery?
Consider this: only a blind and spineless government would allow individuals facing credible allegations of wrongdoing to adjudicate on the very cases triggered by the COI findings and against political opponents. Where is the promise of fair justice? Where is the integrity that voters were told to expect?
Look closer: why must only Chief Justice Temo — and no other judge — preside over critical cases like Aiyaz Sayed-Khaiyum’s bail or cases involving Rabuka’s political adversaries? Why the silence around the case of Christopher Pryde? Why the judicial drama surrounding Barbara Malimali, despite 17 serious allegations? Her case is being allowed at a lightning speed, whereas Bainimarama’s appeal case is taking forever?
Where is the Chief Justice’s neutrality? Where is Rabuka’s commitment to good governance and transparency? Where is the President’s constitutional responsibility to act? And where, above all, is Wylie Clarke, the silent president of the Fiji Law Society, whose duty it is to speak for the rule of law?
The sad truth is that the government, the executive, and the judiciary have failed the people of Fiji — helped along by a timid, biased, and complicit media unwilling to question power.
And what of Fiji’s development partners? Despite championing accountability and human rights, they continue to pour grants and loans into a system rotten at its core. Where is their zero tolerance for bad governance? Or are they playing politics too, happy to fund dysfunction so long as their interests are protected?
Fiji deserves better than a judiciary shielded from accountability, a government obsessed with constitutional experiments, and development partners willing to look the other way. Until someone in power finally dares to act, the question remains: Who really runs Fiji — and at what cost to its people?
Mr. Daniel Richards,
Lot of “why” and why.
Those were the same questions by those who knew what was exactly happening under last government was asking.
Why one man was minister for everything ?
Why one man controlled everything?
Why,why why!
@BLV In other words, you have no answer to DRs. These are very real questions about NOW. Another compassionate christian full of contrition and mercy and without sin. Nice.
Answer the fken questions posed moron. Or bugger off and take your vile blind racism to face bocibook.
DR should have asked those same questions 16 years back.
I’m sure back than, he had no guts.
Welcome to media freedom.
If you need answers,please ask your father to answer all questions.
He hasn’t taught you how to talk.
Vulgar language was never used in our family.
Hope you not using same inside your house.
There is nothing Christianity nor racism in my comment.
Just plain truth.
What if an ordinary person have similar conditions in Fiji as ASK is having or is he having at all?
All treatments are available in Fiji.
In my opinion which doesn’t matter to others, but it matters for truth, is that ASK is a good natural actor.
I nominate ASK for 2025 Grammy awards.
Yes, Justice Temo. Enjoy your break.
Dr. Take a break is a classy guy and a compassionate christian to boot. And full of sh1t too. An epitome that blind racism prevents clear thinking.
The Fijian government and judiciary practice its own special brand of blind racism and fail to realize this clandestine conduct is state sanctioned murder.
Criminal pedophile in chief and criminal Sona Rolex serial liar and serial adulterer Snake are leading this gross violation of human rights.
Blind Freddy can tell you about the substandard hospitals in Fiji, which is why those who can travel to India for treatment do so. Hospital-acquired infections are rife and it is not golden staph but more controlable bugs like E.coli or pseudomonous…the latter two attributable to poor hygiene of health workers and inadequate sanitisation of medical equipment. The point is while one is being treated for their condition, they actually die from hospital acquired infections. And let’s not talk about the bed manners of doctors and nursesðŸ˜.
What is interesting is the silence of the father in law especially in fiji where cronyism and nepotism are standard business. As deputy PM, he has not made any comments. It almost seems like he is wanting his daughter to be widowed and grandchildren to lose their dad!
If one reads comments on social media, you will be shocked at the level of hate for a sick man. It’s mostly from itaukei men and even women.
You may not like ASK but for God’s sake let him get well. There are worse people in government. At least Aiyaz didn’t commit treason, pedophilia and other crimes committed by the people in government now.
But what can one expect when rapes, infanticide, drugs, robbery etc is happening on a daily basis and no one bats an eyelid. You just have to read an article put in by Ms Jalal which our media reported after she exposed it. About the brutal rape of a child by its father enabled by the mother in Micronesia by a Fijian couple. So expect no mercy even from the children’s grandfather, Gavoka.
What goes around, comes around
And you’ll surely have your turn too.
Lasu ! Jhoot !
Who is truly in control of Fiji today? It isn’t the elected Prime Minister. All signs point instead to Chief Justice Salesi Temo — a man shielded from scrutiny, despite serious allegations detailed in the Commission of Inquiry (COI) report.
Rabuka’s government neither acts nor explains. Is it because we have a Prime Minister too weak and distracted by his obsession with rewriting the Constitution? Or is the real problem that Temo’s appointment as Chief Justice was rushed by Rabuka himself — making it politically impossible to hold him accountable now?
Or is there something far darker at play? A hidden agenda where Temo and Naiqama serve as critical cogs in Rabuka’s political machinery?
Consider this: only a blind and spineless government would allow individuals facing credible allegations of wrongdoing to adjudicate on the very cases triggered by the COI findings and against political opponents. Where is the promise of fair justice? Where is the integrity that voters were told to expect?
Look closer: why must only Chief Justice Temo — and no other judge — preside over critical cases like Aiyaz Sayed-Khaiyum’s bail or cases involving Rabuka’s political adversaries? Why the silence around the case of Christopher Pryde? Why the judicial drama surrounding Barbara Malimali, despite 17 serious allegations? Her case is being allowed at a lightning speed, whereas Bainimarama’s appeal case is taking forever?
Where is the Chief Justice’s neutrality? Where is Rabuka’s commitment to good governance and transparency? Where is the President’s constitutional responsibility to act? And where, above all, is Wylie Clarke, the silent president of the Fiji Law Society, whose duty it is to speak for the rule of law?
The sad truth is that the government, the executive, and the judiciary have failed the people of Fiji — helped along by a timid, biased, and complicit media unwilling to question power.
And what of Fiji’s development partners? Despite championing accountability and human rights, they continue to pour grants and loans into a system rotten at its core. Where is their zero tolerance for bad governance? Or are they playing politics too, happy to fund dysfunction so long as their interests are protected?
Fiji deserves better than a judiciary shielded from accountability, a government obsessed with constitutional experiments, and development partners willing to look the other way. Until someone in power finally dares to act, the question remains: Who really runs Fiji — and at what cost to its people?
Mr. Daniel Richards,
Lot of “why” and why.
Those were the same questions by those who knew what was exactly happening under last government was asking.
Why one man was minister for everything ?
Why one man controlled everything?
Why,why why!
@BLV In other words, you have no answer to DRs. These are very real questions about NOW. Another compassionate christian full of contrition and mercy and without sin. Nice.
Answer the fken questions posed moron. Or bugger off and take your vile blind racism to face bocibook.
DR should have asked those same questions 16 years back.
I’m sure back than, he had no guts.
Welcome to media freedom.
If you need answers,please ask your father to answer all questions.
He hasn’t taught you how to talk.
Vulgar language was never used in our family.
Hope you not using same inside your house.
There is nothing Christianity nor racism in my comment.
Just plain truth.