The new Attorney General, Graham Leung, responded to the Supreme Court “opinion” on Friday that the Acting DPP, John Rabuku, is ineligible to hold the position by asking everyone to “wait until the ink is dry” before expecting anything to happen. Well it is now Monday morning. And the ink is well and truly dry on the finding that John Rabuku cannot be the chief prosecutor because he has been found guilty and punished for professional misconduct by the Independent Legal Services Commission and the Constitution prohibits it.
What is happening? Grubsheet has scanned the media in vain looking for reports that John Rabuku has acted on the call by the Fiji Law Society President, Wylie Clarke, to voluntarily fall on his sword and resign. He must know that his position is untenable but there’s so far no sign of him clearing out his desk at Gunu House. And it is a matter of extreme urgency that he does so.
Is Rabuku taking the position that the finding by three judges of the Supreme Court is only an “opinion” – their opinion – and neither he nor his patron, the Acting Chief Justice, Salesi Temo, are bound to accept it? The more the minutes and hours tick by, that becomes a distinct possibility. But it must not be allowed to stand.
The Law Society has already warned that any cases presided over by John Rabuku can be challenged in the courts. And because he is the Acting DPP and signs off on EVERY case that passes across his desk, that means every single case is in question since Rabuku was given the position last October – a full eight months ago – after the sudden death of Ratu David Toganivalu.
In the wake of the Supreme Court decision, it is even more important that he goes. It clearly isn’t acceptable for him to continue to preside over the ODPP now that we have confirmation that his appointment was unlawful. Anything he does in the office this morning and from now on has even less legal authority than it had before the judicial ruling on his eligibility to hold the position. And if he won’t resign, he must be forcibly removed.
It is an absolute scandal that the substantive DPP, Christopher Pryde, was suspended 15 months ago for being seen talking to Aiyaz Sayed-Khaiyum at a Japanese Embassy function and yet someone who isn’t qualified for the position because of his professional misconduct continues to be Acting DPP.
The correct course of action is to fast-track the long-delayed judicial tribunal hearing into the allegation of misbehaviour against Christopher Pryde and if he is cleared, to lift his suspension and restore him to his rightful position. Because what has happened at Gunu House since Pryde left carrying his “Keep Calm and Carry On” sign is a farce.
Confidence in the criminal justice system has been severely eroded and must be restored. And now that we finally have the Supreme Court ruling on John Rabuku, he must go and go today.
FBC News is reporting on Monday afternoon that the ball is in the court of the Judicial Services Commission – in other words the head of the JSC, the Acting Chief Justice, Salesi Temo. FBC says Graham Leung and his predecessor, Siromi Turaga, are referring all enquiries to the JSC.
It is like putting Dracula in charge of the Blood Bank because it was Justice Temo who appointed John Rabuku in the first place in violation of the Constitution. The Acting CJ has also been humiliated by the Supreme Court ruling and by rights, his own position is now untenable and he should resign or face a judicial tribunal on a charge of misbehaviour and be removed.
The entire criminal justice system is in a state of chaos because the supreme law has been disregarded and the responsibility for that rests with Salesi Temo and his patron, Siromi Turaga. And ultimately with the Prime Minister, Sitiveni Rabuka, who has presided over this debacle and must also be held to account.
This is Fiji. We will interpret things as it suits us. We will not be intimidated by vulagis on what to do and what not to do. This is our land, we decide how we do things and who we appoint. And we will change the rules to suit our purpose as and when we see fit depending on the circumstances and who is involved. Things are flexible in our culture. Haven’t we been doing exactly that for the last 19 months with the assistance of the nutty professor?
All these foreign laws and people are not suited to Fiji conditions. We are speacial here in Fiji. We are God’s chosen people so economics, loans, interest and foreign laws are not suited to us. We should be able to chose and appoint whoever we want no matter their history. That was in the past. That is why we have “elected” a dickhead from the past to be our PM. He knows Fiji and he has a connection with the land and the people and foreigers will never understand that. Why else do you think we elected him? Why else do you think we appointed the Acting CJ and the Acting DPP? These people are immensely qualified to the positions to suit Fiji conditions. We need people with dodgy backgrounds in these positions as it is in our culture. It is not rocket science. This is our land. A vulagi AG will never be able to understand what Fiji is all about, so he cannot sack the Acting DPP or the Acting CJ. These two are immensely suited to their jobs and have been doing a great job. Just ask the government.
Stop smoking whatever you are on and get off your high horse.
Fiji is nothing more than a tiny dot in the ocean in the middle of no where with a population of less than 1 million.
Not sure what makes you or your people so special as everything you have just described sounds less like being the “special people” and more like corruption.
Maybe some one ought to file a challenge on FB conviction on this basis
Now wouldn’t that be interesting
The double standards in application of the law and principles by this regime is simply unbelievable!
I have zero confidence in the judiciary, military, president and all these so-called societies and movement groups.
Shameful.
Release Bainimarama and Qiliho already! This bloody disqualified individual with the public backing of the likes of Siromi and Temo imprisoned them! NONE OF HIS DECISIONS WERE VALID! He was an illegal appointee! He sat in Qiliho’s caution interview in CID and wrote garbage about Bainimarama publicly on Facebook! Get them out already!
Yes release Mr Bainimarama and quickly.
They are sentenced wrongly
Immediately release Mr Bainimarama and Mr. Qiliho as it sane to imprison them with acting ddp decision is illegal
And sanitise the supposed to be respected prosecution chambers to rid of the ‘boi da da’.
Rabuku has behaved like a criminal and a thug as acting Dpp , getting rid of non Itauki by telling them if you don’t resign I will sack you , which is highly illegal , and in breach of Fiji’s employment laws. He has re employed people previously sacked for bad behavior and for doing no work The ODPP is rapidly going down hill under his very bad leadership , teaching young and impressionable lawyers unethical behavior.
The Opinion may end up being just that. Like a national referendum which is non binding….a waste of resources. But it gives the appearance that independent views or opinions were sought.
And looks like if the result doesn’t suit, then as in this case, the cabinet will only focus on the appointment that was opinioned to be valid and overlook Rabuku’s appointment being opinioned as unconstitutional. Especially as the later may result in all relevant previous prosecutions being nullified, inc Bainimarama and Qilio’s. That opens a can of worms.
Yes, a can of worms opened by the Acting Chief Justice and head of the Judicial Services Commission, Salesi Temo, when he appointed John Rabuku in the first place. He too should resign for his astonishing defiance of the Constitution. He is an outlaw who is totally unfit to be Acting CJ.
Anyone entering court can now say ” the charges before me have no legal basis as they have been made by an illegal DPP and are therefore not valid” , What a mess!
The decision to sack or not to sack the Acting DPP is with the Judicial Services Commission. The Chair of the JSC is the Acting CJ!!!!! The man himself – the most independent CJ in the history of the country. His independence is clear as he is the one who appointed the Acting DPP and everyone has the right to question things but he will make the final decision. This is Fiji. remember?
But as we all know, the Acting CJ should not step down (I believe he will agree with that) from that role to maintain a sense of independence because this is Fiji. In Fiji things are done differently. We are Fijian, we have traditions and this is our land and we make the laws as we go in our land. And we have been for the last 19 months so there is a precedent. The vulagis should all shut up and pay the taxes.
Sadly there won’t be many Vulagis to pay tax soon. They’ll all have left Fiji.
If you have a complete disregard for the rule of law then the country will end up like those Africsn countries with despot leaders and the majority of ordinary itauki will suffer the consequences, living in ever increasing poverty as they watch their leaders drive home in fancy cars to their palatial homes.
It is very clear that Fiji has become a victim of state capture by a cunning cabal of ethno nationalists who have not one shred of belief in the principle of common and equal citizenry.
They are in alliance with another small grouo of pro Indo ethno nationalist, whose leader is in charge of the national check book and who sees his job as dishing out checks to balance out the two interests. This is why the largely taukei military gets a 36% rise in its budget, while the largely Indo Fijian largely insolvent sugar industry gets a 47% budgetary increase.with a few million here and there to similarly ethno nationalistic projects
The genuine cries of the working class are ignored. John Rabuku may go but it won’t alter the ethno orientation of this group. In power.
“wait until the ink is dry” ? What joke.
Just be up front and say something to the effect: The ink will not dry even if stir fried when the govt is wet behind the ears. Or any other leuoooong lawyerly gibberish.
We the nation of blind idiot voters will believe anything gibberish you tell is as the most eminent vulagi ag.
After all, we know you all feed from the same trough of luxury and you cannot bite the hand that feeds you. No sireee.
In Fiji the ink will take forever to dry, as Graham Leung well knows. He’s hiding behind fancy idioms as he is an establishment guy who lacks the balls to say or do the right thing.
Speaking of balls – a couple of Fijian lawyers were kicked out of Nauru not so long ago for, how do we put this delicately— creating a “scene” with their private lives shenanigans. I wonder who they were?
It seems too much ‘balling’ in Nauru but not ‘ballsy’ enough in Fiji when it comes to doing the right thang! Too much balls in the former, not enough balls in the latter!
The bucks stands with RABUKA. He is so called Prime Minister. He is not taking any action. He has failed the people of FIJI. Now the President should dissolve the government and call for NEW ELECTION. He doesnot do it, then the Milltery should come and do the right thing. It’s a shame everyone is hiding under each other’s skirts. Shame shame shame
The Judicial Services Commission and / or whoever they are proxies of:
IF they remove Rabuku, they are trying to find a suitable replacement while the ink is drying. And a replacement DPP who is legally appointed that can retrospectively approve all of the cases that were endorsed by Rabuku!
Voila that solves the problem of what happens to all the cases that were prosecuted by the illegally appointed DPP and his office.
Whether this is legally possible could be anyone’s opinion or binding ruling!
IF they don’t remove Rabuku, and they ignore the courts decision as just opinion non binding they can pretend and carry on business as usual. This will keep the lid on the can of worms. And keep their nemesis opponents in prison. This course of action could be seen as contempt of the Supreme Courts decision/opinion – by not acting on the required once the court’s opinion was known. After all one does not seek opinion from the highest level of the judicial system and then ignore it – it would be out of order and convention to be discretionary or dismissive of such opinion and not follow up.
The illegal appointment of Mr Rabuku to the acting DPPs role may not have practically caused a miscarriage of justice for all or some of the cases that were brought for prosecution before the courts by his office – because it’s the courts that decide the outcome once the cases are brought before the courts.
But his and his prosecutor’s overtly displaced bias in and out of court, against a defendant such as Mr Bainimarama reveals a misuse of office in a vendetta against certain individuals to prosecute them and convict them by all means and that is not a fair justice system. It had seemed that the DPPs office wanted to be judge as well as prosecutor in the high profile trial of Mr Bainimarama and other well known defendants.
What a f$$$ing mess this country is in.
Show me one investor who is keen to head to Fiji right now and be part of this mess!