The Attorney General, Graham Leung, calls on the illegal Acting DPP, John Rabuku, to resign, saying that “he should do the honourable thing and stand aside”. If he doesn’t, the stage is set for a full-blown crisis in the criminal justice system in Fiji.
But the Worm tells the Attorney General to butt out.
I don’t answer to anyone, says the Acting Chief Justice:
From earlier: John Rabuku is defying the calls for him to resign after three Supreme Court judges ruled that he is ineligible to be Acting DPP because he has been found guilty and punished for professional misconduct. Rabuku is clinging to his position and there has been no word from the head of the Judicial Services Commission, Acting Chief Justice Salesi Temo, on whether he is going to be sacked – giving rise to fears that both parties intend to ignore the Supreme Court ruling on the grounds that it was an “opinion” sought by the cabinet, not a judgment that can be enforced in law.
The heat is now on the new Attorney General, Graham Leung, and the Prime Minister, Sitiveni Rabuka to break this impasse. Pontius Pilate-like, they are washing their hands of responsibility saying the JSC is “independent” and has nothing to do with them. Nonsense. The Coalition government chose Salesi Temo to be Acting CJ. And if he intends to defy the Supreme Court and act in a manner that is prejudicial to the proper workings of the criminal justice system, he can be removed.
All is takes is to follow the procedure laid down in the Constitution – for the Acting CJ to be suspended on a charge of misbehaviour, the formation of a tribunal of judges to hear the allegation against him and for the President to act on the recommendation of that tribunal and dismiss him. As Grubsheet has already reported, both John Rabuku and Salesi Temo are bringing the criminal justice system in Fiji into disrepute. And this standoff cannot continue.
Clarke’s statement earlier yesterday:
The front page of Wednesday’s Fiji Sun.
Karma is a bitch says
This guy John Rabuku is a disgrace racist who is hellbent on carrying his etho-nationalist anti-indian/vulagi policies. He should step down or be removed by the President. Both John Rabuku and Salesi Temo are bringing the criminal justice system in Fiji into disrepute. The chief justice of Fiji should also step down as he is also biased and unfair.
Ravneel Reddy says
Of course he should resign, however, I am not sure, what his employment contract stipulates, Forcing an employee to resign can be grounds for unfair dismissal. AG needs to be careful when negotiating resignation. Employers should ensure there are valid and legitimate reasons for dismissing an employee. They should also avoid using ultimatums.
Sunil says
Roneel bhai
Which world you are in
His appointment is illegal, spelt out clear by court
What you talking about
If he is asked to steps down than ,that’s between employer and employee to come into negotiations on his terms
After all he is acting as a DPP
He can still be employed at senior level but not as a DPP
Full stop
Samisoni Waqaratu says
He will hand his resignation
Just need to wait guys
From horses mouth it will be either tomorrow afternoon or Friday morning
No dramas
2013 constitution
Bugger!
Rokotui says
No big deal
He is acting DPP,please know that
He hasn’t taken full role
No dramas
Not going anywhere says
How dare these two vulagis ask the Acting DPP to resign. Don’t they know this is iTaukei land they are on. iTaukei laws apply and we do whatever we please in our own land. Vulagis should just shut up and pay their taxes and be grateful that we have allowed them to stay in our country. Haha, this is going to be interesting. I think it is time for the Army to put a rocket up his arse.
Fiji Boy says
Really what you smoking ? There’s so much of it on the street go by some.
Not your fault our judiciary system has gone down the drain, no one respects it.
Lets all make our own laws.
Let me explain this for the last time. The two major races and others are vulagis.
You guys came by canoes and the indo fijians were also brought by ships. Have you ever asked yourself, who was in Fiji before you came ah! duh!
If you don’t know then just shut up, and go and smoke some weed which is now readily available in Fiji.
Acting CJ and Justice Minister must go too says
And what about the Acting CJ? And the Minister of Justice and AG at the time? These two appointed a person with a well known record. Will they be left alone because they too are iTaukei and special dispensations apply to them? Just like special dispensations apply to iTaukei when borrowing money with no interest and having a bank operate on a racial discrimination basis. One law for the iTaukei and another for the rest?
Why are these Christians and pretend Israelites so arrogant? Where does this arrogance come from?
Just saying says
Fiji is becoming a 4th World country. I cherish the days when Ratu Sir Kamisese Mara was the PM. No nonsense from any one. Fiji does not have leaders of his calibre any more.
Unsilent_Minority says
Graham Leung’s finally grown a spine and a pair.
Ordinary Joe says
Yeah! Spine of a jelly fish and cajone the size of mongoose balls
Frustrated says
Temo is “deliberating”. Oh my.
https://www.fijivillage.com/news/Rabuku-should-do-the-honourable-thing-and-step-aside—AG-54r8xf/
“While responding to questions from fijivillage News, Chair of Judicial Services Commission, Acting Chief Justice Salesi Temo says the commission is deliberating on the matter, and in doing so, it is not subject to the authority of anyone, but the courts.
Acting Chief Justice Temo says the Supreme Court decision is been carefully looked at, in line with this, and the final outcome will be known to the public, through the office of the President, in due course.
He says they ask for patience, as the Judicial Service Commission goes through the process, within the four corners of the law.
We have sent questions to Rabuku. He has not responded.
Rabuku remains in office.”
Bemused says
Graham if he is illegally appointed, why can’t the government terminate his appointment and lock him out of the office.
Graham Davis says
There may be disagreement within the govt how to proceed. Rabuka and Leung versus Turaga and Rabuku?
J R says
The Judicial services commision announces the decision BUT it is on the advice of the AG who has now spoken and should be listened to . Like Rabuku told so many good hard working staff in his own department ” if you don’t resign I’m going to sack you ” .What goes round comes round and now he is getting a taste of his own medicine , good riddance to a dishonest man who has ruined the lìves of so many talented people !!
Salote says
A bit of time needed here by both parties .
Things will be sorted people .
Have patience
Don’t want it like what Aiyaz did to Head of the statistics and professor Pal ,to
send security and drag out of the office .
Wasn’t that disgraceful ?
Will do like Fijian style and respect everyone’s rights.
Vinaka
Charlatan Charlotte says
You are being facetious, right? If so, your attempt to be witty is witless. Or perhaps you are plain devious.
Either way, remove your bigotry-tinted glasses (ASK has long left the scene) and try to comprehend a few of the well thought contribution in this thread. People make time and effort to make positive, coherent, and educational contributions for the greater good of the many thousands of readers here.
They and GD are filling the void of our freedumb press who wildly celebrated the removal of the previously stifling media laws.
Sadly the local press and several ngo have gone mute and abandoned their civic responsibility to report/comment and encourage public discourse in matters of national interest. They shed crocodile tears on each others shoulders and held self-promoting public celebrations. Then went back to self censoring as never before.
No wonder the vast majority of our people are ignorant idiots living blisfully on handouts, remittances, freebies, and soon, on interest-free loans.
What is really disrespectful is the shameless enthic-cleansing dipstick refusing to resign since the high court opined he is unqualified to hold office. Even a fellow racist oppotunist dipstick asking him to resign made no difference. Two peas in a pod.
BTW, it would seem the previous administration was right all along about “professor” aloohalwa.
Mosese says
Charlatan Charlotte ,please note
What is happening today is the aftermath of what was created yesterday by ASK
Poorly drafted constitution,
Everyone is quite because nothing is clear.
Deliberations are not clear .
Who is right and who is wrong is going in circles .
Ofcourse, previous government may have been right but you don’t drag people out of their house in middle of the night and put them on a plane .
We are not Russian
Help ,support and special budgets for indigenous people is happening throughout the world .
It is not new,only difference is how it is managed in Fiji is questionable.
No one is above law,if one have committed a crime, he or she is answerable
Kai and Bai is no different
Ordinary Joe says
Wrong, Mosese.
Allow me to respectfully disagree:
If you happen to be an expert constitutional attorney or scholar, tell us EXACTLY what is wrong with the constitution? Put up or stop spreading innuendo based on personal opinions.
Truth of the matter is that until and unless we learn to respect and honor our constitution (ANY constitution – and we’ve had four thus far!) to make it a living document, the courts must be free and fair arbiters to interpret the law without fear or favor. Not based on government, media and/or personal opinion.
As for arresting people (ANYBODY) “in the middle of the night” —that is the prerogative of any law enforcement agency “through out the world”.
As you agree, no one is above the law. The inconvenient timing of any arrest does not negate the reason(s)/need to apprehend any persons.
Difference being in Russia they do not always arrest people, rather people of interest simply fall out of windows from tall buildings, or die in plane “crashes” or other “accidents”. Your attempt to equate any Fijian government’s actions to Russia is plain hyperbole and/or disingenuous at best, or is simple racist bigotry at its worst.
In sum, there is no reason or need to “go around in circles.”
It is a matter of simply respecting the rule of law, respecting court opinions, judgements, orders, etc., and working within the same laws to seek redress, appeal, dissent, etc.
Fair and equal justice rendered transparently by free and independent courts is the bare minimum expected in all civilized societies ‘throughout the world.’
No use making too much of a piece of paper (constitution) if there is no respect for the rule of law.
Anonymous says
Rabuku did not appoint himself to the position. His employer did. His employers or the Judicial Services Commission who appointed made his appointment incorrectly. By dismissing him part way through his tenure will his employer have to compensate him for them dismissing Rabuku for a wrongful appointment they made. What a can of worms. And there are lots more cans and more worms. What a mess these incompetent decisions have created.
CJ S Temo looks to be way out of his depth in his role. And his unprofessional behaviour makes one wonder how he has got so far up the legal ladder.
Fiji watcher says
The Attorney General has said what should have been done by the occupant. The fact that he has had to come out and say so is an indictment on the administration of justice in Fiji!
The question is why has it taken this long? Even more so what has the Acting Chief Justice been doing? Presumably nothing?
TossoViti says
Just when the ink has dried, Temo is deliberating. Tosso Viti!
JR says
The Judicial Services Comission are required to seek advice on the appointment of DPP from the AG who at the time was Turaga and the real puppetmaster in all this .As Graham has reported in the past Temo was interviewing candidates to be acting DPP before Christopher Pryde attended the Japanese embassy function which led to his suspension.
Rajiv Sharma says
The courts have spoken, the verdict is loud and clear.
Some people are stupid and idiots at best.
He should step down NOW.
To the Judicial Services Commission-,What’s there to deliberate ? Fire him ASAP
Utterly Sad says
What a mess everywhere!
It’s like a shitshow with bunch of clowns…
Dude, you’re not fit to occupy the position – do what is right and just leave … save yourself some dignity!
But then seeing what become of Lynda and Aseri matter and lack of good governance by this government ANYTHING can happen…
What a sad sad day …
With each passing day my hopes just erode ..
Those you helped this Coalition come into power ..you lot are responsible for this mess
Graham Davis says
Yes, that includes me. I urged people to vote for Biman Prasad and his colleagues to keep these others honest. What a fool I was. My apologies.
Enough is enough says
AG is running a straight line but how can he compete when he is up against a corruptness from the top Rabuka who has put his cronies as crooked as he is only left for PM to teach them how to use his bullshit apologising then continue raping the country
Peter Pan says
The chief justice is taking so long to make a decision probably because he is thinking of how not to make himself look incompetent and how his own job may possibly be in jeopardy. And then the matter of how he is going to deal with the legal consequences of firing Rabuku with its far reaching implications on all the cases that went via the Acting DPPs desk. Something the CJ needs all the slow Fiji time he can get to deliberate.
Tik tok tik tock . Captain Hook, of Peter Pan, has a striking resemblance to the Chief Justice in his costume! And the clock inside the crocodile which also got Hooks hand is ticking, tik tock tick tock.
The CJ better play it safe and take his time in how he handles his next move, he does not want to be in the water with that friendly crocodile.
Ray says
Rabuku is illegal. He should be kicked now. He shouldn’t be allowed to breath any oxygen as an acting DPP. THE PRIME MINISTER should be ashamed for not taking any action. The ACJ should be kicked out too.