One individual – Salesi Temo – masquerading as the Judicial Services Commission as a whole – is using a private law firm of dubious repute to seek a judicial review of the findings of the Supreme Court Commission of Inquiry into the Malimali affair.
In truth, they are the findings against Temo himself – that he allegedly committed perjury and obstructed and perverted the course of justice when he told the former acting FICAC deputy commissioner, Francis Puleiwai, through the chief registrar, Tomasi Bainivalu, that no court in Fiji would hear any charge she laid, including the charge she intended to file that day against the Deputy Prime Minister, Biman Prasad.
We need to be very clear about what all this means:
1/ The finding of possible criminal conduct against the Chief Justice by a Supreme Court judge, Justice David Ashton-Lewis, made Salesi Temo’s position untenable. The Prime Minister, Sitiveni Rabuka, should have advised the President, Ratu Naiqama Lalabalavu, to immediately suspend Salesi Temo and put him before a panel of three judges, as the Constitution stipulates.
2/ The Prime Minister has refused to do his constitutional duty. While is he reported to have told third parties that Temo must go, including the Constitutional Offices Commission, he has declined to advise the President to do his constitutional duty to suspend the Chief Justice. Why? Because Naiqama Lalabalavu is Rabuka’s chief. And the President is reportedly refusing to countenance Temo’s removal because he is an old friend and is related to him by marriage.
3/ This impasse has now gone on for months – since May 1 – and is already a constitutional crisis. Why? Because both the elected Prime Minister and the Head of State refuse to do their duty under the 2013 Constitution – the supreme law that has just been upheld by the Supreme Court as Fiji’s legitimate Constitution. So there is no doubt about its status and the obligations of the Prime Minister and President to honour its provisions. If a Commission of Inquiry has found that sufficient evidence exists for Temo to be investigated for criminal conduct, then of course he must be suspended while a Tribunal of judges investigates his conduct simply to preserve the integrity of the system.
4/ Salesi Temo has now gone further in defying the Constitution by abusing his position for his own benefit. This is not a matter of State. If it was, the court action the Chief Justice has brought would be through the Attorney General, Siromi Turaga, not Isireli Fa through the private law firm, Fa and company. It is a desperate last-minute attempt by the Chief Justice to avoid or delay being removed. To be able to tell the Prime Minister and the President that their option to suspend him must wait until after a judicial review of the COI findings against him.
5/ It is utterly perverse because as Chief Justice, it is Salesi Temo himself who will decide whether to institute a judicial review and will allocate which judge will hear it. So that judge will be appointed by the very person against whom the allegations of criminal conduct have been made. It is the very antithesis of justice and unprecedented in Fijian legal history.
7/ That judicial review will be heard by a judge of the High Court. But he or she will be asked to review findings by a Supreme Court judge in the form of Justice Ashton-Lewis who is more senior and is a member of the highest court in Fiji. As I say, utterly perverse.
8/ The Malimali Commission of Inquiry was lawfully constituted to carry out its duties with David Ashton-Lewis as the presiding judge. And he has found evidence to suggest that the Chief Justice is open to charges of perjury and obstructing and perverting the course of justice.
9/ Now Salesi Temo is perverting the course of justice again by resorting to a course of action that is simply unlawful. He has nowhere to go other than to obtain a review of his own case by allocating it to someone he chooses and who he would naturally expect to deliver the result that he wants and that keeps him in his job.
10/ Make no mistake. Isireli Fa’s claim that not having a judicial review would trigger a constitutional crisis is nonsense. We are already in the throes of a full-blown constitutional crisis. And it arises purely from the failure of the Prime Minister and the President to do their jobs.
11/ A combination of the Prime Minister’s misplaced obligation to put his customary duty to his chief before his duty to act decisively in the interests of the law and his duty to the nation and the President’s misplaced obligation to put his allegiance to an old friend and relative before his duty as Head of State has created a very dangerous situation in Fiji.
Sitiveni Rabuka and Ratu Naiqama Lalabalavu must act and act now to suspend Salesi Temo before this constitutional crisis worsens. They have no alternative to avoid a complete breakdown in the governance of the criminal justice system, with all that would entail for confidence in the rule of law and confidence in Fiji’s institutions.
There is an extremely sinister component to the announcement made today by Isireli Fa – and that is the threat of legal action against anyone who “politicises” the current stand-off. It is a crude attempt to gag legitimate public comment, including the calls by the Opposition leader, Inia Seruiratu, and the Labour Party leader, Mahendra Chaudhry, for the Prime Minister to suspend Salesi Temo. It is undemocratic and totally unacceptable.
It is also a veiled threat against the media and commentators like Grubsheet, who have given, in my own case, the COI’s findings the proper attention they deserve. I, for one, will not be intimidated. If these people want to shut me down, they can take their chances in the courts of New South Wales. Because as in the case of Inia Seruiratu and Mahendra Chaudhry, what I am doing is standing up to an attempt by the Chief Justice to subvert the rule of law and standing up for the national interest against forces of evil attempting to destroy our institutions for their own purposes.
Salesi Temo is cloaking this application for a judicial review with the veneer of legality when it is a naked attempt to subvert the law and enable him to keep his job.
For God’s sake, Prime Minister. Please do your job!
This is indeed at the extreme end of the corruption spectrum and would prove very embarrassing for Fiji on the international stage.
Aus and NZ don’t comment much and I think this is about respecting sovereignty and not wanting to go down the previous pathway of sanctions (in Aus case), but that doesn’t mean they aren’t watching closely.
Albo won’t say a word. Albo is all about keeping other countries at bay, nothing else matters
The PM is too busy basking in glory in the Promised Land with a mass-murderer and one who kills innocent children by the thousands all at the same moment he was basking in glory. He has all his priorities right as he is preparing to go to heaven.
What else does one expect from a third world, third rate PM. In fact everything and everyone in Fiji is third rate.
If you dont pay tax to Fiji then you have no moral right to criticise. So just bugger off and leave the Fijians alone
That’s the trouble, you idiot. When more than 100,000 people leave, there are fewer people to pay tax. You can be left alone, alright, but you will be increasingly poor.
Taukei Liberation Front
Liberation from what ?!?
Lialia. This blogsite generates tax income by the Fijians from within Fiji. Whilst the blogsite is free to access it requires internet connection which is usually a paid monthly or data subscription. So in that way grubsheet is indirectly assisting with tax dollar.
Do you pay tax to Fiji? Coz the vast majority of Fijians don’t, and that’s got nothing to do with where they live but the fact their wages are so low and they earn below the tax threshold. I find this argument so petty.
I doubt even the third rate. It’s non classifiable. Does not meet the criteria even to qualify for any rating.
Your point number 11:
“”” 11/ A combination of the Prime Minister’s misplaced obligation to put his customary duty to his chief before his duty to act decisively in the interests of the law and his duty to the nation and the President’s misplaced obligation to put his allegiance to an old friend and relative before his duty as Head of State has created a very dangerous situation in Fiji. “””
This is exactly why the GCC or the Chiefly System doesn’t have a place in a truly modern and democratic Fiji.
And needs to be abolished FOR GOOD !
Thank you for your views, Aiyaz. Please don’t stress about the resurrection of the GCC, as it could trigger another stroke event. Take care bro
CJ Temo via the JSC is attempting to pervert the cause of justice in trying to squash the COI reports. This COI is an investigative proceedings and has its own ACT which governs it. Furthermore it is the PM fault he should have acted on COI and suspend CJ who is rogue. The president has been told if he doesn’t listen to advice he will be charged with abuse of office.
The whole country has gone to the dogs. We have a judicial coup in Fiji with Temo as its head Fiji will continue to go backwards. There is no will power to do good. instead PM goes travelling and takes his pet with him LT who PAP do not want because she is a walking disaster. PM protects her as she gave $250k to fund him, PAP via PBS and the Rolex Watch to get a ministerial post back. The army is sleeping and where the doing good for the well being of the people.
PM downfall will be constantly protecting Lynda T it’s like FB and ASK. when FB was told by the military council to get rid of ASK. He refused, it was his downfall. We shall it the same thing happen to PM SLR.
So Temo is paying Isireli Fa? Which means the taxpayers are paying as Temo is paid by us. As if the 4 wheel drive is not enough. The $168 million from RBF will go towards these types of expenses. And once COI is declared null and void the government will be sued by Barbara, Saumi and others. All a planned job. Make as much money now because they all know most won’t make it after the next elections.
What do you mean FA and Associates are a dubious firm? Name one thing dubious about them? They are a Bonafide firm simply doing their business. If they were dubious they wouldn’t have been around this long. Be careful Isireli might sue you. He not only has the means but the will as well – Isireli is not Richard Naidu.
The threat of legal action against anyone commenting on the findings of a Supreme Court Commission of Inquiry is an outrage. Intimidation, pure and simple. Isireli Fa is behaving like his thug of a client. Bring it on. And let’s see what a New South Wales judge thinks about it.
When will Fiji have people with some ethics, integrity and honesty?
I guess you need to change the culture to have that.
At the moment, it is a third rate, third world kaila culture.
I do not think one can change the culture around very quickly so Fiji will continue to be stuck in this cycle long after this crooked CJ and those in government are gone.
When will Fiji have people with some ethics, integrity and honesty?
I guess you need to change the culture to have that.
At the moment, it is a third rate, third world kaila culture.
I do not think one can change the culture around very quickly so Fiji will continue to be stuck in this cycle long after this crooked CJ and those in government are gone.
Bring back Frank….he is the devil we have to have…..
Agreed
Rabuka and Biman (Ra-Bim) are the Bai-Kai of today, just a very poor and cheap version. Both utterly pathetic and unintelligent and uninspiring. They deserve each other.