Just as it took him two weeks to decide whether to uphold the Pryde Tribunal ruling that the DPP be reinstated, the Chief Justice and head of the Judicial Services Commission, Salesi Temo, is stalling on agreeing to the request by the Ashton-Lewis Commission of Inquiry to suspend the FICAC Commissioner, Barbara Malimali.
The issues couldn’t be more clear-cut. Malimali sacked her chief investigator, Kuliasi Saumi, last Friday over evidence he gave to the Commission during four days of questioning in the witness box. It was in contempt of the COI and an attempt to pervert the course of justice in that Saumi was being recalled to give further evidence. And it was a clear act of intimidation against him and other witnesses from FICAC that the Commission intends to call in the coming days.
According to Janet Mason – the Counsel Assisting the COI – Justice David Ashton-Lewis wrote to Salesi Temo as head of the JSC on Sunday formally requesting that because of her conduct, Barbara Malimali be stood down for the duration of the Inquiry. Today (Thursday) marks the fourth day since Temo received that request but he still hasn’t acted on it.
It is an outrage. And the longer the CJ delays the more likely it is that Justice Ashton-Lewis will have to take matters into his own hands. He has the power to charge Barbara Malimali with being in contempt of the Commission and is fully justified in doing so.
No-one should doubt the Judge’s resolve given the gravity of the FICAC Commissioner’s conduct, which has prompted the COI to call in the police just as the new Commissioner, Rusiate Tudravu, is about to start work next Monday. Yet instead of yielding to the inevitable and what is right, Justice Temo is again dragging his feet and increasing the likelihood of a crisis in the judiciary as the Commission is obliged to assert its powers.
How much more chaos and dysfunction is the Chief Justice going to preside over before he is brought to account? As much as he likes, it seems. The Prime Minister, Sitiveni Rabuka, does his usual Pontius Pilate act by saying it is nothing to do with the Constitutional Offices Commission – which he does have control of – and any decision on a suspension is up to the JSC – which Salesi Temo controls. And because we have a rogue Chief Justice, it seems, the nation just has to put up with it.
The criminal justice system in Fiji is out of control, whether it is the FICAC Commissioner’s conduct or Salesi Temo’s renewed threat to thwart the return on Monday of the exonerated and reinstated DPP, Christopher Pryde, by again suspending him for misbehaviour over trumped-up complaints by Pryde’s recalcitrant underlings at the ODPP.
The Fiji Sun today rightly describes it as an “endless circus”. And so it is. Nothing to do with justice but the obstinacy and pigheadedness of one man with the arrogance to think that he and he alone will decide when to act and when to drag his feet even over something as important as his choice of FICAC Commissioner wilfully bringing the judicial process into disrepute.
Yes, it is a circus alright. With Salesi Temo as the clown and star attraction and Sitiveni Rabuka as the supporting monkey. It is a national scandal and it is high time for the curtain to come down on both of them.
If Salesi Temo won’t suspend Barbara Malimali after her outrageous conduct, Justice David Ashton-Lewis is going to have to step in to uphold the rule of law. And he will have the support of the Fijian people who have tired of Salesi Temo’s antics and have had more than enough of the dysfunction over which he is presiding.
The clown and his monkey long ago ceased to be amusing. On the contrary, their seeming desire to protect Barbara Malimali at any cost has become decidedly sinister.
And guess what, Fiji? You are paying for Barbara Malimali’s lawyer, Tanya Waqanika, who according to Victor Lal‘s Fijileaks, has already wracked up a $30,000 bill for appearing at the Commission by the Siren of Tuvalu’s side.
As the former Prime Minister and Labour Party leader, Mahendra Chaudhry, says: This circus has gone on long enough and the buck stops with the Prime Minister.
FICAC should be investigating tax holidays dished out with apparent bias and mired in apparent conflicts of interest. After all it needs more tax $ to defend itself against charges of … wait for it… corruption… !
It’s said that Procrastination is the thief of all time, so Temo can rightly join the the rest of the governmental thieves with his recent and ongoing behaviour.
He is truly ‘one of them’.
Village idiot doing village idiot things.
Lets face it – if Barbwire Big Mamma Malimali was caught in a compromising position in Tuvalu, there is nothing to prove she isn’t or hasn’t been in a compromising position with others, given her predilection for discreet debauchery, similar to her soul sister Tabuya.
From memory, the words used in the case were “wet and passed out in in his bed”.
I wouldn’t put it past the siren to have made attempts to get wet and pass out in Justice David Ashton-Lewis hotel; The Judge, being made of different stuff, would have her arrested and thrown in prison.
Another sordid, corrupt, digusting and prejudiced day in Fiji. I can’t get my head around the fact that the iTaukei were stupid enough to vote out FFP just to bring in this government.
Itaukei were not the only ones to vote these clowns in at the expense of FFP.
A large number of kaiindia and other Vulagi did as well, lawyers(who THINK they know it all), doctors, all mostly Suva based, the educated elite, who voted these clowns because they believed The Coupist had “changed “.
Change they have indeed. Buckets of it.
Tanya Waqaniika has got the kickbacks alright for being vocal while in the Sodelpa ranks for Sodelpa to join this Banana Republic Coalition.
Well Well Well $30k,look what we got here,while in Sodelpa I was chosen by the Women’s Forum to be part of the Finance Committee that represented the Women’s Forum to the Party,and guess what Fiji? During one of our miscommunications in the Women’s Forum she was upset with the way I pointed out things, and she called me a liar in front of everyone that represented the Women’s Forum, saying if I’m a liar than I cannot be trusted with Finance.
So she called for my resignation immediately and she called me a dog in front of all the Executives, …her outburst as an educated person with her fancy credentials speaks volumes.Now let’s see who is a liar and a thief.
The taxpayers deserved better reprentatives to the Government, people of Integrity, humility and service. We are not breaking our backs paying for thieves.Now whose got the last laugh? Like they say, every dog has its day.
No offence to her trying to belittle me to a Forum now its public Knowledge how much she’s paid,🤣🤣🤣now who’s the thief? She never did end it there at our Sodelpa Women’s Forum Page. She went as far to our Candidates platform that represented the party for 2022, where she tried to throw me under the bus with her group of fans.Again she uttered the same thing projecting her insecurities, and now few months along the road,I checked her out at the roundabout,…I’m laughing my heart out. Karma is a bitch!
Apart from the 30k Tanya got a nicely paid Board Member position in one of the Government Companies.
While the other stupid idiots in the management Council of the Sodelpa are squatting in their houses in their various villages.
Sorry about your experience of bullying by mataniboto.
Important to mention that the $30k frog faced lawyer is a first class ignorant racist who believes she’s god’s gift to mankind.
Hasn’t Riyaz been charged for the same thing? So what’s good for the goose…..unless there are different rules for government lackeys.
The actions or lack of by CJ Temo demonstrate precisely why he should not be in the position. His conduct has all the hallmarks of a man in a position he is not capable of performing or a person who believes he is beyond reach and can act accordingly.
He can neither silence nor stop the COI and its forensic examination of Barbara and her appointment which will infuriate this control freak. His petulant performance is now being illuminated in the Fiji press and in publications across the world, something he also cannot control.
The performance of the senile PM in this whole affair is another example of his lack of leadership and the Government’s inability to manage.
As for the $30K appropriated from the budget of FICAC to ‘defend’ Barbara, that should be subject to an independent audit under the Financial Management Act 2004, which FICAC must comply with.
OMG!
Tanya & Barbzy may have misinterpreted section 13 (2A)of the FICAC act with regards to legal representation retained by the Commissioner for FICAC.
The section of the Act pertains to advice and assistance in relation to the exercise of her powers and performance of her functions under the Act. That only under this circumstance can she retain legal representation.
The COI is about her appointment and not an inquiry into the execution of her and performance of her functions duties as FICAC commissioner.
This expense is therefore not justified.
His Lordship and all those around him are following the highest iTaukei standards in their own country. They are following the law to the letter and they are letting the law takes its natural course. Just ask his Lordship and the priminisita.
These high standards are slowly permeating through to the Fiji Law Society, “prominent lawyers”, heads of statutory bodies and government departments, not to mention all the freeloading ministers and DPMs.
This government is about themselves, there is no time for them to look after the people – they are just too busy with all the bullshit. And there is a whole heap of bullshit to shovel as more and more appears daily. It is like never ending magic.
But one thing remains unchanged, the people of Fiji are very proud to be idiots.
The Government, members of Parliament and Ministers are very opaque. People cannot contact their Minister or local member of parliament other than lining outside their office….no email or phone number easily available.
This penultimate power means they are not listening nor accessible to actual people on the ground other than what department heads tells them or through sanitised events and photo opportunities.
So Ministers and MPs are not connected to reality.
Nothing will happen to Barbara. There is one law for one group of people and another set of laws for another group.
Sperm whales are an endangered species. Both of them need to be protected by donkeys.
If people think there are no donkeys in Fiji, you are wrong. They are everywhere.
The milamila has spread to the balls of all men in Fiji government and its corrupt branches.
It seems there’s no cure left for this fungus new. No medicine not antifungal. Amputation is the only option but the balls will go with it.