On September 5 last year, Wylie Clarke – the President of the Fiji Law Society – was in the room at FICAC when the Chief Registrar, Tomasi Bainivalu, conveyed a message from the Chief Justice, Salesi Temo, to the embattled deputy Commissioner, Francis Puleiwai, that no court in Fiji would hear any charge that Puleiwai laid, having been just supplanted by Barbara Malimali.
It was the head of the judiciary telling the corruption watchdog that the courts he presides over would not deal with charges arising from its investigations of alleged wrongdoing by Malimali and a brace of government ministers. And most pertinently, a charge against the Deputy Prime Minister and leader of the NFP, Biman Prasad, that Francis Puleiwai had flagged would be laid that day.
It was a prima facie case of the Chief Justice perverting the course of justice with an extraordinary abuse of his power in interfering with the nation’s supposedly “Independent Commission Against Corruption”. And it is reverberating to this day, with rumours that the Ashton-Lewis COI has recommended that Salesi Temo be suspended for misbehaviour and be tried by a tribunal of three judges.
Why was Wylie Clarke in the room? At the time, he led people to believe that he was representing Barbara Malimali. He certainly didn’t set the record straight when the mainstream media and Grubsheet reported that he was there as Malimali’s lawyer. Indeed, Clarke pointedly declined to answer a series of questions Grubsheet posed about precisely what his role was that day.
It is only now that we are being told by Wylie Clarke’s friend, Charlie Charters – the British son-in-law of the late bread queen Mere Samisoni – that Clarke wasn’t there as Malimali’s lawyer but as President of the Law Society offering his services to assist her and assist the process at FICAC.
Either way, there exists an undeniable fact. That as Tomasi Bainivalu threatened Francis Puleiwai with what he said the Chief Justice had relayed to him on the telephone – that no court in Fiji would entertain any charge she laid – Wylie Clarke allowed that extraordinary comment to pass without objection.
Did he say, as President of the Law Society: “What is happening here is wrong?” No. Did he remind the Chief Registrar that Puleiwai was entitled as the corruption watchdog to have her independence respected and upheld? No. Did he support Francis Puleiwai against an astonishingly heavy-handed and unlawful attempt to intimidate her and pervert the course of justice? No.
As head of the body that represents Fiji’s lawyers in private practice, Wylie Clarke remained silent as one of the most serious breaches of proper process in Fijian legal history unfolded before him in the offices of the corruption watchdog. And one – that on the say-so of the Chief Registrar – emanated from the Chief Justice. It doesn’t get much worse and Salesi Temo is in the firing line along with Tomasi Bainivalu and anyone else in that room for their failure to stand up for what was right.
Having helped free Barbara Malimali after Francis Puleiwai had ordered her arrest, Wylie Clarke was photographed leaving the FICAC building in the company of Malimali. And ever since, the record shows that he has done what he can to derail the Commission of Inquiry that the Prime Minister ordered into the circumstances of her appointment .
When the Counsel Assisting the Commission, Janet Mason, got into trouble with the New Zealand body that disciplines lawyers, Wylie Clarke issued a public statement as FLS President calling for her to stand aside. It was an administrative issue that had nothing to do with her work in Fiji. So why would Clarke be prompted to try to seek her removal?
That statement came after months in which the Fiji Law Society said little or nothing about the repeated breaches of the Constitution by the Chief Justice in relation to the ODPP. It has led some lawyers to conclude that Wylie Clarke is extremely selective about those issues he chooses on which to take a stand. If it involves broad principles of upholding the rule of law, he has often been silent when a Law Society President might be expected to be vocal. Yet when it involves those to whom he is known to be close, he has become very vocal indeed.
And so it is with Wylie Clarke’s latest extraordinary attack on Justice David Ashton-Lewis, calling on him to resign or face disciplinary action for his Queensland radio interview in which he cited Barbara Malimali, Manoa Kamikamica and eight other individuals who have yet to be publicly identified in the same way.
To some extent, Justice Ashton-Lewis has left himself wide open with a couple of glaring mistakes in the interview he gave. He said that Janet Mason is a Kings Counsel when she isn’t and seemed to be unaware that Fiji is now back in the Commonwealth as a republic but without the King as monarch. What this has to do with the Malimali Commission of Inquiry is neither here nor there. But it is being used by Wylie Clarke and his matanivanua, Charlie Charters, to damage the Judge’s credibility.
More serious is Wylie Clarke’s contention that the quality of the judiciary has improved over the past two and a half years of the Coalition government when Salesi Temo’s stewardship has been an unmitigated disaster. Here’s the relevant passage in the FLS President’s media release that is vastly at odds with the true position.
FACT: As well as his repeated breaches of the Constitution – the supreme law – Salesi Temo has been incompetent, intemperate and is facing allegations of corruption himself.
He seriously bungled his attempt to remove Christopher Pryde as DPP – calling him a thief in open court only to have a tribunal of three High Court judges exonerate Pryde. And there is clear evidence of prima facie corruption in Temo telling Francis Puleiwai as the independent corruption watchdog that he would stymie any case she brought before the courts.
Regrettably, Wylie Clarke has joined the likes of Salesi Temo and Tomasi Bainivalu as clear impediments to the proper administration of the law in Fiji. That the President of the Fiji Law Society would actively try to damage the reputation of a Supreme Court judge and the credibility of a properly constituted judicial inquiry is extraordinary and deeply concerning for anyone who believes in the rule of law.
Having remained silent when the Chief Justice impeded the work of Francis Puleiwai at FICAC and with Justice Ashton-Lewis, by his own account, now making findings of corruption against a number of senior politicians, the Fiji Law Society should be supporting the process of cleaning up the system. Instead its President is actively trying to put a spoke in the works.
Instead of Justice Ashton-Lewis standing aside, it is Wylie Clarke who should be resigning from the FLS to make way for a new President committed to a genuine process of restoring public confidence in a criminal justice system, which is seriously compromised and is a clear and present danger to Fijian democracy.
Front page treatment in today’s Fiji Times, where Wylie Clarke’s close friend, Richard Naidu, is legal advisor and can be expected to have played a key role in the direction of the following coverage.
Previous Grubsheet articles, including this one in which we asked Wylie Clarke for a detailed explanation of his conduct. He chose not to respond.
And another when he called for Janet Mason’s head over an unrelated administrative matter in New Zealand.
Wylie Clarke uses his international contacts for the legal profession overseas to come to his defence. Plus confirmation that he and his FLS sidekick, Laurel Vaurasi, may be facing serious criminal charges.
———————
Plus other COI coverage in the Fiji Times as the pressure builds on the government to release the Ashton-Lewis Report.
Just saying, Is it possible Justice Ashton-Lewis deliberately gave that interview to Australian Radio Station so that the report could be jeopardised?
I think so too. The snake is very devious. He has managed to tarnish the cabinet ministers reputation (well whatever they had), he will get rid of them, police will say not enough evidence and other excuses. They will loose their cabinet positions and will not be charged. Rabuka will appoint the G9 as replacements and come out of this saga as Mr Clean. Perhaps Justice David will get a position in Fiji. Taxpayers would have lost a couple of million in fees. Rabuka does not care about that. He wants to continue leading fiji into hell. He will continue to buy houses and everything for his retirement. Who knows. Nothing surprises anyone anymore.
This wouldn’t surprise me in the least.
The judge has been very unwise to do this interview in such a sensitive political and media climate. IMO most judges would not do such an interview, nor show bias towards a politician publicly (they are of course allowed their private opinions).
It is certainly possible this is another manipulative strategy that allows the snake to shed his skin, and stand back and say eh, sorry, wasn’t me.
Hi GD
It seems that Fiji’s legal fratenities; the judiciary and now the profession has become a farce and the Head of that erstwhile body, the Fiji Law Society is acting like a tinpot dictator. Wylie Clarke has recently made a statement that he attended the CoI inquiry in his capacity as the President of Fiji Law Society, but there are photographs of him together with others during the Malimali’s arrest and release! My question is therefore, why was he even allowed to observe and participate at the CoI (which was convened to investigate the Malimali affair) and Clarke’s presence at the Malimali “incident” should have barred him from that Inquiry.
Now, in his press release, who gave him the authority to do a press release defending a dismissed official (Malimali), and his direct criticisms under the guise of the Fiji Law Society of the conduct of the CoI, the Judge, the President and Prime Minster et al of Fiji?
In the meantime, Rolex Rabuka must release the CoI Report ASAP, because by not releasing, its seems to be causing enormous damage and undermining the polity of Fiji.
Wailei! Wylie Clarke is a lost case. His utterance is a further proof that he is affected by the COI Report and no amount of his press releases will save him despite the biased Fiji Times and biased fiji village/CFL’s attempts to fool the public with their distorted coverage. Wylie is conflicted and compromised so he should just wait for the COI Report.
Chee chee Wily Wiley! You tell them boy. Make the Lord Ashton-Lewis quiver in his boots! Good boy!
You’ve taken to not publishing my comments recently so I will give this one last chance before assuming forever more that you operate on Pravda rules.
I can’t answer for why Clarke did not respond to your queries. If it’s of any help I don’t think he replied to Victor Lal either.
Amani Bale identified Clarke AND Laurel Vaurasi as Malimali’s lawyers in his affidavit, not just Clarke. He then clarified that this was wrong, when he testified to the COI.
So the alleged conflict of interest was actually not a conflict of interest at all when you take into account Bale’s testimony to the COI.
You might have reached this same conclusion by reading the affidavit Clarke swore that he was not only NOT her lawyer but hadn’t spoken to Malimali for perhaps two years prior to Black Thursday.
Although a week in the history of the COI already seems like a very long time, I do think you and your readers should cast your minds even further back to the varied occasions when the FLS and its president were the only official voices campaigning for causes close to your heart in the face of this government’s over-reach and questionable practice.
– taking the Govt to court over the appointment of John Rabuku as acting DPP in June 2024
– in the same action, settling the fact that Alipate Qetaki was eligible to sit on the Court of Appeal
– challenging the Govt’s decision to appoint Filimoni Vosarogo as AG in October 2023
– publicly criticising the ODPP for publicly revealing that Pryde was being investigated for alleged abuse of office in January this year as no charges had been laid
And the Tuilevuka Tribunal made clear that Clarke’s amicus brief on behalf of the FLS completely undercut the Govt’s case that Pryde acted unlawfully in not securing formal approval for his super annuation payment which was the main non-Aiyaz charge he faced.
The amicus brief for Pryde was done on the quiet – according to Google search – not because it was the popular thing, or the pro-Government thing, but the right thing.
Does any of this mean that Clarke gets a free pass forever? No, of course not. But it does show that the FLS has a track record of taking the Government to task when it appears to be undermining the rule of law.
As you know Victor has written a long piece saying on this point he believes that Clarke is conflicted and should step down. Maybe, maybe not. But Victor writes that Clarke can only be conflicted ‘if the President of FLS is himself allegedly cited or named in the Commission of Inquiry (COI) report’.
Big ‘IF’ there. Big ‘ALLEGEDLY’ there. Who is actually saying that he is?
Whose word do we take on this now? We don’t seem any closer to this report being published than we were ten days ago. Maybe we’ll be in the same place ten days from now.
Alexandra Forwood is the only person who appears to be briefing on what the COI report says.
But is she entirely reliable? Was she ever entirely reliable? The same person who tried to convince the COI hearing that Salesi Temo was actually an imposter, literally there was different person inhabiting Temo’s life, after switching bodies in prison?
Does the FLS president stop work on the strength of that?
Charlie Charters, for what it’s worth, Alexandra Forwood is alleging that Wylie Clarke has adverse COI findings against him for perjury and obstruction of Justice which the Fiji Police are currently investigating. She clearly has access to information that Victor Lal and I don’t.
She has also lodged a formal complaint with the Legal Practitioner’s Unit against Wylie Clarke for allegedly vilifying the Judge in his statement yesterday.
You keep defending Wylie Clarke and that is your right as a friend. But you glaringly avoid any mention of his presence at FICAC HQ during the events of September 5. By the account of Francis Puleiwai, Wylie was there in the room when she was intimidated and Tomasi Bainivalu conveyed the message from the Chief Justice that no charge she brought would be heard in any court in Fiji. That is perverting the course of justice.
It really doesn’t matter under those circumstances whether Wylie Clarke was representing Barbara Malimali or not. He was certainly there as President of the Fiji Law Society. There is a transcript and recording of what took place and at no stage does Wylie Clarke defend FICAC’s independence. That is an extraordinary state of affairs for an FLS President and we deserve an explanation.
You have your say here when you make your points and move on. But it is not a debating society in which you get to smear me with the usual “Qorvis propagandist” allegation, which you routinely peddle on Facebook without me being able to respond there, and harp on ad infinitum about the same points. It descends into a tedious Punch and Judy show. And I don’t have the time or inclination for 15 round bouts with you or anyone else.
You have made your point here. It isn’t Pravda and I have given you (and incidentally Wylie Clarke) ample opportunity to put your case. But it is my blog site. It is not your blog site. And I determine how long I am prepared to play Judy to your Punch as you keep punching away with the same narrative that avoids the central events at FICAC on September 5.
Graham, please ban Charlie Charters from this page. He is a disgusting menace.
Why are you so obsessed in defending Wylie?
Yet you do not critique him for not saying anything when allegedly the CJ said no cases from FICAC would be accepted by the Courts?
Why are you digging for issues around those who investigated rather than those who were investigated?
Just accept that you won’t have any more chocolate in your factory and get on with life!
Given the FLS appoints its president by ballot, much has to be asked about the reasons for continually selecting Wylie Clarke, when there are lawyers of a much higher caliber in Fiji to take on the role.
Given that a rolling stone gathers no moss, Wylie Clarke’s recent behavior and statements show he stopped rolling some time ago (around the time this 3 legged government came to power) and has been gathering a different kind of moss altogether, with his close association with people such as Malimali and other individuals in government.
Perhaps FICAC needs to really look at the purpose of the FLS and whether it is operating as per it’s constitution or, become a front for something else.
Wiley Wylie!
FLS has maintained a passive stance throughout this matter. Their silence was particularly notable during the period surrounding DPP Pyrde’s anticipated return to office and subsequent exile. FLS, should you be reviewing this communication, I urge a more decisive and informed response, as your current position demonstrates a concerning lack of judgment regarding ethical considerations.
As they say, follow the money – the connection between Biman Prasad, Fiji Water, Richard Naidu, Wiley Clarke and FLS is getting clearer. The FLS/Clarke is selective about the issues and people they speak out on and represent.
In this regard FLS is not that different from FICAC. It’s the circumvention of state and non-state institutions to serve the financial interests of certain entities and individuals and to save their bacon when the need arises.
Is it a voluntary pro-bono role that rotates within the Fiji Law Society that their members, notably W Clarke, are on call to assist either the state or citizens facing prosecution to facilitate a proper carriage of justice. Very generous of the FLS. Can the hotline phone number be made available to the public….or is it only in certain cases for selected persons….on a case by case basis that the FLS President can turn up..wearing a few different hats.
FLS – a friend you can count on in times of trouble. On time. Anytime. Anywhere. I’ll be on your side. Keep Smiling. Stevie Wonder what was I doing there. ~
Justice Ashton Lewis is not stupid.
There’s nothing incriminating about mentioning Ms Malimali as corrupt because that’s what the COI TOR was tasked to do. Also, mentioning the other nine (name withheld)is also within his prerogative as his job is done as per agreement.
It’s all heresay from here as no knows for sure who they are.
The “wannabe PM” could be blinky Bill, could be Biman and could possibly be Manoa, but alas, “No one protests their innocence as loundly as the guilty”.
Now what everyone who might be implicated are doing right now is to try and prematurely get that report out so they can try and do something ahead of the police. I repeat. They do not have any power without that report being made public. They have nothing right now❗❗❗
So what the opposition and everyone else should do is to take a Chill pill and let the police do their job and do not give these corrupt people anymore chance at govenance. Now or ever!
A year 5 student can tell that Wylie Clarke is supporting Malimali and this corrupt government.
Very dangerous precedent the author of COI has set up.
You investigate and put a report and than go public.
All in one, a judge , jury and executioner.
Taking the Jack out of the box before the audience took seat.
Willie is right.
Now for taking sides,not sure what else he should say.
When legal fraternity doesn’t speak, there is a problem.
Now they are speaking is again a problem.
But the best one was when he told 12 million Lautoka swimming pool lady that she is understanding law these days than before.😃
@PK- Confucius say when legal fraternity speaking selectively, big problem. When legal fraternity speaking with skin in the game hugemongous problem.
The mastermind behind Wylie is Richard Pinocchio Naidu. His nose is the visual metaphor of how lies are eventually exposed. Be afraid, be very afraid Richard.
It’s going to happen to you as well – Aiyaz is a living example.
There is growing concern over the conduct of the President of Fiji, whose role is constitutionally ceremonial and independent.
His recent actions suggest a departure from this mandate, raising questions about the extent and appropriateness of his involvement in matters of governance.
A key concern is the continued delay in the release of the Commission of Inquiry (COI) report.
Despite the report’s significant implications, there has been no official communication from the President to the public regarding its contents or the intended course of action.
The delay is particularly troubling given that the report reportedly identifies nine individuals within the government, judiciary, and legal sector as having misled the public and allegedly perverted the course of justice. He has alluded to a total of 71 recommendations in the report. The people have the right to this information.
It is imperative to underline that the Office of the President is expected to act independently and above political or personal affiliations.
If the President is withholding the report to shield certain individuals—such as the Chief Justice—it would represent a serious breach of constitutional duty.
The public has a right to transparency. Continued suppression of the COI report only fuels speculation, especially as excerpts have already begun to circulate on social media.
Justice Lewis has alluded to serious institutional failures, referencing “crocodiles in the pond,” and suggesting that the report implicates key figures in obstructing justice.
This delay also emboldens individuals such as Wylie Clarke to publicly challenge Justice Lewis, seemingly with the intent to discredit the COI process and influence outcomes, including potential disciplinary action against Justice Lewis.
Mr. Clarke’s remarks raise questions about the role of the Fiji Law Society and whether it truly reflects the broader legal community’s views.
It would be worth examining of how many Fiji’s registered lawyers are members of the FLS and what mandate the Society operates under in such high-stakes matters.
In summary, the President must fulfill his constitutional duty by releasing the COI report without further delay. Failure to do so erodes public trust, risks undermining judicial integrity, and creates a fertile ground for misinformation and undue influence.
Biman and Manoa say: we are the biggest embassments of Fiji.
Willie Clarke: Hold my beer.
This is jackshit embarrassing.
Isa, Wylie Clarke, Richard Naidu, William Parkinson, Manoa Kamikamica et al. were once the emerging and solid stalwarts of leadership and beacons of governance in Fiji. But now? Well, their parents, such as Greg Urwin and Josefata Kamikamica among others, would be, as GS often puts it, “spinning in their graves” across the South Seas between Samoa and Fiji. High time for a re-set then!
Wylie the Wanker has finally been exposed for the lying and (Eds word redacted) clown he is. He comes across as someone intelligent, competent, and a poster boy for many lawyers in his circle. This can’t be further from the truth.
The guy is self serving and does not give a rat’s ass about the rule of law. He is selective in his approach to everything as long as it benefits him. There just wasn’t any tangible evidence to prove this. Until now. If it wasn’t for the recording of his role in the FICAC scandal he would have wiggled his way out of it.
This incompetent dimwit cannot identify a clear conflict of interest and yet holds the top post at FLS. Surprisingly the FLS council and its members are silent despite the serious misconduct by its President. Just goes to show what the FLS has become. And for these very reasons the Bainimarama govt made them irrelevant- because that’s exactly where they belong – in the gutter.
Mind you, this guy nor the FLS represent the views of the majority of lawyers in Fiji. Have a look at the FLS membership – that should be an indication.
Let’s not forget Richard the Rodent – another kalavo in the legal profession who is self serving and (Eds. word redacted). He showcases himself as a person of high moral and ethical values, but the reality is far from this.
So it isn’t just the Judiciary that is compromised and (word redacted). it is the whole legal system which is headed by certain individuals as evidenced through the CIO report.
Wylie the Wanker. Richard the Rodent. Temu Temo. …and the lot…need to go.
We can confidently conclude that the Rule of Law is under threat with these buffoons in leadership positions.
The Fiji Law Society President is already jumping up and down to discredit the JUDGE – please be patient – is your named being mentioned in the interview?
The Public of Fiji are all waiting for the Honorable PM to release the COI so that we read and learn something from it – that is to learn to be obedient to the LAW OF THE LANDS of Fiji, and rule with justice & fairness and eradicate corruption from our judicial system!
Vinaka, God Bless our Fiji Islands!