It has been more than six months since Sitiveni Rabuka promised the Fiji Law Society that he would make changes to the criminal justice system to end the legal mayhem wrought by Siromi Turaga and his handpicked Acting Chief Justice, Salesi Temo. And finally it has happened with Turaga’s removal as Attorney General and his replacement with a former Law Society president and a much safer pair of hands – the veteran lawyer Graham Leung.
Rabuka tried to remove Turaga last October in his abortive cabinet reshuffle and replace him with Filimoni Vosarogo. But that plan backfired when the Law Society objected to Vosorogo on the grounds that his appointment was unconstitutional. He had three times been found guilty of professional misconduct by the Independent Legal Services Commission and the Constitution specially bars him from the role.
Siromi Turaga has also had a powerful constituency on the extreme right of the People’s Alliance – the ethnonationalists and religious fanatics pressing for constitutional changes to alter the provisions in the 2013 Constitition for a common and equal citizenry, a common identity and a secular state. That has been the ultimate aim, though for now Turaga has made it about changing the Constitution to legitimise the illegal appointments he and the Acting CJ have made of the judge, Alipate Qetaki, and the Acting DPP, John Rabuku.
Ever since Filimoni Vosarogo was barred from being AG because of his record of professional misconduct, there has been a fundamental contradiction in excluding him but giving senior positions in the offices of state to Qetaki and Rabuku, both of whom have also been found guilty of professional misconduct and whose appointments have been unconstitutional. The nation’s lawyers have been lobbying Sitiveni Rabuka to end this anomaly, which remains a festering sore that is undermining confidence in the criminal justice system
Finally, the Prime Minister seems to have mustered the forces he needs to face down Siromi Turaga and his power base of extremists. Rabuka said yesterday that Turaga “ could have done a better job as AG”. It was a striking understatement. In fact, Siromi Turaga has been an unmitigated disaster. And the combination of an ethnic and religious fanatic as the chief law officer of the state and an Acting Chief Justice prepared to side with him as outlaws flagrantly undermining the Constitution, has been a direct assault on the rule of law that has appalled large sections of the legal profession and the community at large.
Well now their man – one of THEM, a former President of the Law Society – is finally in place. And there are widespread expectations that the mayhem of the Turaga era – the capriciousness, the chaos, the vindictiveness, the kava-drinking and injudicious conduct all round, is at an end. So too, hopefully is the unlawful behaviour.
John Rabuku’s days as Acting DPP are numbered. If Filimoni Vosarogo couldn’t be AG because he’d been found guilty of professional misconduct, neither can John Rabuku be DPP. Or Alipate Qetaki be a judge. And we now have an Attorney General who doesn’t play fast and loose with the supreme law but is acknowledged by everyone who knows him as a stickler for both the letter and the spirit of the law.
As Sitiveni Rabuka himself acknowledged yesterday, any constitutional change can only occur within the framework of the 2013 Constitution itself and its stipulation of 75 per cent of the parliament being in favour and 75 per cent of the electorate voting for change in a referendum. The Prime Minister said one of Graham Leung’s tasks was to work towards eventually achieving that goal. It is a fundamental change of direction that will be widely welcomed and spells an end to the unlawful conduct that has been undermining public confidence in the Coalition and the rule of law.
Rabuka must know that the chaos in government – culminating in the parliamentary emoluments scandal – has now cost the Coalition both the goodwill and the votes of a vast section of the electorate. The anger is white hot. And unless it is defused, that anger threatens his position, his party’s position and his place in history. The ship of state desperately needs to be righted. And Graham Leung is a key element in putting the grown-ups back in charge and ending the delinquency in the criminal justice system that has been the main feature of the Coalition’s first 18 months.
Alone of the positions in the cabinet, the Constitution allows for the attorney general to be appointed from outside the parliament. This is the first time it has happened since the 2013 Constitution came into being. And while normally being outside the parliament might be considered a disadvantage, in Graham Leung’s case, it is a distinct plus given the mayhem on both sides of politics. He can do his job quietly without having to worry about the political fray or constantly watching his back, beholden only to the Prime Minister who has finally succeeded in getting him to take the job.
Leung has been a reluctant bride, mooted for the AG’s role before the last election yet playing down any suggestion that he would take it, presumably because the likes of Siromi Turaga were wielding knives to get it. But now that the Turaga era has ended in ignominy, it falls to Leung to steer the ship of state back into calmer waters. How the two men are going to successfully work together – with Turaga sidelined to the Justice Ministry as a sop to his supporters – remains to be seen. They certainly won’t be wearing kalavata – a Turaga trademark – and you can be sure that this isn’t the end of Siromi Turaga’s political ambitions. In fact, he may become even more dangerous as he tries to avenge his removal and plots against the Prime Minister. But for the moment, we can only hope for better times.
The key to understanding Graham Leung – according to some who know him – is that he came up through the law in Fiji at a time of relative stability – a multiracial judiciary comprised of men and women of genuine integrity and accomplishment – and a fundamental respect for the rule of law that has been sadly eroded. They say you can tell a man by the company he keeps. And the young men and women who Graham Leung was close to in his salad days in the 1980s and 90s – the “Young Turks” of the profession – included several who have since made a big impact on public life and who are renowned for their high-mindedness and respect for the law.
First and foremost was the late Ratu Jone Madraiwiwi, the Bau chief and former Vice President who was a paragon of virtue and integrity and the acknowledged leader of a group of young lawyers who were ambitious for themselves and the nation. These included other big names – the likes of Nazhat Shameem, Jon Apted, Imrana Jalal, Chen Bun Young, Makareta Waqavonovono and Wylie Clarke – many of them fierce opponents of the Bainimarama regime not for its insistence on a common and equal citizenry but because it had come to power by illegal means.
Graham Leung was one of these people and has paid a considerable price over the years for that opposition in terms of lost professional opportunities. Yet now he has made it to the top – the chief law officer of a state that is tottering. And those who have known him the longest hope that he will bring the same idealism, integrity and “legal purity” of his younger years to his new office, Because God knows, the nation needs it.
At the risk of sounding impertinent, there’s a laundry list of things Graham Leung needs to do to restore confidence in the criminal justice system.
1/ Remove John Rabuku from the position of Acting DPP and remove Alipate Qetaki as a judge. They are illegal appointments and cannot be allowed to stand. That is the position of the Fiji Law Society – which Leung once led as President – and we can expect him to eventually move against them.
2/ End the appalling injustice of the suspended DPP, Christopher Pryde, having been kept waiting for 14 months on full pay for a judicial tribunal hearing into the charge against him of “misbehaviour” for having been seen talking to Aiyaz Sayed-Khaiyum at a Japanese Embassy function. Failing to conduct the hearing is also a glaring constitutional breach, as well as a striking case of vindictiveness. Graham Leung must either facilitate the hearing or drop the charge against Pryde and reinstate him. But the 14 month delay and counting is unconscionable.
3/ End the appalling injustice of the former solicitor general, Sharvada Sharma, having been awarded damages for his unconstitutional removal by the former FijiFirst government and yet having those damages blocked by Siromi Turaga.
4/ Remove the Chief Registrar, Tomasi Bainivalu, whose conviction on a drink driving offence last year makes him patently unfit to hold a senior office of state. Unless those who hold those positions are held to the highest standards of conduct and integrity, what hope is there that they can set an example for the rest of us?
5/ End the glaring instances of racism that, among other things, has seen the Assistant DPP, Elizabeth Rice, removed for being “white” and other instances of minorities being discriminated against while iTaukei who are not qualified or have questionable records are elevated.
6/ Accede to the Fiji Law Society’s request to the Prime Minister that Salesi Temo not be confirmed in the substantive position of Chief Justice. He is unfit to hold the role – an outlaw who with Siromi Turaga, has presided over multiple constitutional breaches, and whose mercurial conduct and outrageous pronouncements from the bench make him totally unsuitable to head the judiciary.
7/ Ensure that members of the judiciary are of the highest integrity – as the Constitution stipulates – and dispense with the services of those like Alipate Qetaki who have been found guilty of professional misconduct. Also ensure that all appointments are based on merit, not ethnicity or because of kinship or political ties. Siromi Turaga has boasted of ridding Fiji of expatriate judges but it has been a disaster for the system and has unquestionably degraded the quality of justice. We need the best people, not those regarded as the “right” people who are part of an ethnic clique.
With Graham Leung, we now have the opportunity to reset the course of the criminal justice system. Can he hold off the extremists, including his predecessor as AG who the Prime Minister has unhelpfully put at uncomfortably close quarters? We shall see. Some people worry about Graham Leung’s own pro-nationalist sentiments and his closeness to the likes of Rabuka.
He has a history of being sympathetic to the iTaukei cause, culminating in his participation in the recent controversial Baledrokadroka report on the Great Council of Chiefs, which unfairly blamed the minorities for much of iTaukei disadvantage. That is definitely a cause for concern. But it is Graham Leung’s impeccable record as a lawyer and his history of insisting on the application of both the letter and spirit of the law that provides us with the greatest hope that the assault on the criminal justice system is at an end.
We need an absolute commitment to the principle of one nation and an absolute commitment to the rule of law by the individuals who lead us. While there is some doubt about the former on the part of Graham Leung, there’s no doubt, based on his record, about the latter. In fact he has made many sacrifices for his principles, including earning the hatred of Aiyaz Sayed-Khaiyum for his implacable opposition to the 2006 coup and what he sees as the flawed manner of the return to parliamentary rule. So as he becomes the first non-politician to become Attorney General, most Fijians will wish him well.
I hope your optimism is born out. I’m sadly thinking he’s been handpicked solely to focus on changing the constitution and this is his cross to bear from the past.
That’s the plan
2013 constitution has caused a chaos
Good example is FFP at current state where MPs doesn’t know if they are suspended or they are in and who is even their current leader
No one know what’s legal and what’s not
Appointments are challenged and many more
Need to be fixed asap
Clear the path before way forward
Some are also hiding under 2013 constitution
Justice must prevail
Too much talk about kaindia and kaiviti
Need to sort this fuc$^^en thing out
Nothing is going to change in Fiji. Remember the exuberance after the election of this government.
The same applies here. Fake hope and fake exuberence. Everyone in Fiji is in it for themselves. If people think this is a mastersrtoke, you should be disappointed ………….already. It will all end before Christmas.
Leung is part of the extreme right too!
It looks like the view by the former AG that there are plenty highly qualifed “locals” to do the job in the judiciary is not in line with what the PM thinks. He has appointed a ‘vulagi’ to finish the job. Let us wait and see what he can do or if he will fall victim to the prejudiced culture of this government.
It is like in 7s rugby, there is a feeling that only “locals” can do the coaching job and we all see the results.
I agree with sad observor. He is here to change the constitution and ST will continue with his ethnic cleansing. I doubt anything will change. Not now or ever. But HOPE na. We all have that in Fiji
Unfortunately, while he maybe highly respected within the law fraternity he will be nothing more than a puppet when being part of the coalition government.
May I add;
8. Find a way to bring back the Constitutional Assembly that was removed by the Military. If Government, The Military and President can achieve this with the least amount of disruption to our nation this would leave a worthy legacy for those who achieve it.
There is no way that our Nation can change the Constitution under the present strictures. IMPOSSIBLE!!! If something is unbending and brittle, it will break .
The Presidential system that the United States has allows the President ( PM? ) to choose his Cabinet from the general population. We have this one instance in our system with the position of Attorney General to cover for a situation where there may be no lawyers amongst the winning governments candidates. What happens when he has a whole bunch of nitwit or worse candidates that the PM must promote to Cabinet positions.
Imagine a whole Cabinet being picked by our PM from the best in the Nation. Our PM not having to spend his time being bogged down with managing an unruly mob he got thrown together with a short time before elections. An electoral system that then forced him into a coalition with more blackmailing unknowns. You couldn’t design a better system for failure.
Doing something over and over and expecting a different result is the definition of insanity. That is our system, and it has failed our country over and over ad nauseam .
We have two years before the next elections. God all Mighty, please prevail over our leaders and lead them to think about a change to our representative system.
I would prefer your system of leaders of 10, 100, 1,000. ……..
But anything other than what we have is not only preferable but critical for our nation to get back on track and become,The Way The World Should Be, something our people had, until the Great Deceiver did his ugly work.
Meanwhile, our newly appointed Attorney General has sworn to uphold the Constitution. Congratulations Hon. Mr Leung .
May I ask , with the utmost urgency, that Section 121 of the Constitution, the Accountability and Transparency Commission be brought into being.
121.—(1) This section establishes the Accountability and Transparency
Commission.
(2) The Commission shall consist of a chairperson and 2 other members appointed
by the President, on the advice of the Judicial Services Commission following consultation
by it with the Attorney-General.
(3) The chairperson of the Commission must be a person who is, or is qualified to
be appointed as a Judge.
(4) The members of the Commission shall be appointed for a term of 3 years and
shall be eligible for re-appointment.
(5) The President may, on the recommendation of the Judicial Services Commission
following consultation by it with the Attorney-General, appoint a person to act as a
member of the Commission during any period or during all periods, when there is a
vacancy in the membership of the Commission or when a member is absent from duty or
from Fiji or is, for any reason, unable to perform the functions of office.
(6) The members of the Commission may be removed from office for inability to
perform the functions of office (whether arising from infirmity of body or mind or any
other cause) or for misbehaviour, and may not otherwise be removed.
(7) The procedure for removal of the members of the Commission from office shall
be the same as the procedure for removal of a judicial officer under section 112.
(8) The authority, functions and responsibilities of the Commission shall be
prescribed by written law, and a written law may make further provisions for the
Commission.
(9) A written law shall provide the Commission with the jurisdiction, authority
and powers to receive and investigate complaints against permanent secretaries and all
persons holding a public office.
(10) In the performance of its functions or the exercise of its authority and powers,
the Commission shall be independent and shall not be subject to the direction or control
of any person or authority, except by a court of law or as otherwise prescribed by written
law.
(11) The members of the Commission shall be entitled to such remuneration as
determined by the President acting on the advice of the Judicial Services Commission
following consultation by the Judicial Services Commission with the Attorney-General,
and any such remuneration must not be varied to their disadvantage, except as part of an
overall austerity reduction similarly applicable to all officers of the State.
(12) The Commission may regulate its own procedure and may make such rules and
regulations as it deems fit for regulating and facilitating the performance of its functions.
77
(13) The Commission shall provide regular updates and advice to Parliament on
any matter relating to its functions and responsibilities.
(14) The Commission shall have the authority to appoint, remove and discipline all
staff (including administrative staff) in the Commission.
(15) The Commission has the authority to determine all matters pertaining to the
employment of all staff in the Commission, including—
(a) the terms and conditions of employment;
(b) the qualification requirements for appointment and the process to be
followed for appointment, which must be an open, transparent and
competitive selection process based on merit;
(c) the salaries, benefits and allowances payable, in accordance with its budget
as approved by Parliament; and
(d) the total establishment or the total number of staff that are required to be
appointed, in accordance with the budget as approved by Parliament.
(16) The salaries, benefits and allowances payable to any person employed in the
Commission are a charge on the Consolidated Fund.
(17) Parliament shall ensure that adequate funding and resources are made available
to the Commission, to enable it to independently and effectively exercise its powers and
perform its functions and duties.
(18) The Commission shall have control of its own budget and finances, as approved
by Parliament.
When Parliament sends out its Committee to get the peoples views and suggestions on written law for this Section 121, of the Constitution, I will make my presentations and hopefully have some impact on its formulation. This legislation has the potential to be the most impact-full of all legislation in the books to give the people some voice in government services, both Civil and Public.
Yes, scary scary scary for the overlords who have had full reign over the people, any wonder they have not legislated this Commission into life these past 10 years despite their hollow promises within their manifestos.
$8.1 million dollars would fund Section 121 into being and every single dollar would benefit the people of Fiji more than 99% of the words that come out of the mouths of our Parliamentarians all year long.
Whilst one lone sparrow does not necessarily herald the arrival of spring, I too would like to share your optimism. With his intellect and judicial prowess, one hopes he is able to prevail over the Coalition duds. We have had so many ‘false’ starts in the past, least of all through NFP and BCP, that one can’t help not being overtly too hopeful. His continuing views and bias towards the GCC and the qoliqoil laws should be carefully watched. Paradoxically these may have been some of the ticks that have propelled him into the position. One can never win!
So the Swine Siromi didn’t do his job properly and as a reward he gets appointed as Minister for Justice. A bit ironic aint it. Where is the “justice” in all of this. WTF is wrong with the system. Any other person incapable of performing would be sacked. Yet we are paying for this f#$king asshole’s salary.
The hype of a supposed “change” is all too familiar. Heard this prior to 2022 elections. You rooted for the Coalition and celebrated the victory only to realize that what most predicted about the racist coalition turned out to true. We the minority are still being truly f$%ked by this govt.
Don’t get carried away by this appointment. The celebration of this appointment and the removal of Satanic Siromi is very premature – just as the promised change in 2022.
The sinister agenda of the coalition remains the same – only the players have changed. Siromi was an incompetent imbecile whilst Graham is intellectually competent.
Let’s see if Graham is truly fit and proper for the role and this will be determined by the removal of Temo, ADPP, Qetaki, etc… But I wouldn’t hold my breath on this.
I would like to know how much is being spent by the ministries in using the internet to stream porn and gay porn. Not just the streaming but the time spent by these people on watching rubbish and on TikTok and Facebook and social media.
How much time is spent in drug fuelled parties and sexapades.
Because I can assure the people of Fiji that the amount of time spent by these people doing any work for the ordinary Fijian is very little.
You can all read in the papers everyday that the whole parliamentary processes at the moment and for the last 18 months has all been about the parliamentarians and their entitlements. Nothing has been about the people of Fiji or improving their lives.
Why else is nothing changing in Fiji?
Fijians can rest assured that nothing will ever change because Fijians live in hope. They use praying and fasting as an excuse to do something useful. They are simply not capable off getting off their grog doped arses to change anything.
Why aren’t they marching on the streets about the PM’s lies about the massive salary increase? He has been lying through his teeth and no one has done anything about it. It could be because he is a special type of crackpot.
Will Honourable Turaga accept the treatment dished out to him by the PM.
Not so….he will sue the PM for breaches……
Honestly I would prefer if this evil mob just travel back to Jerusalem every year till 2026 had drinking parties kava drugs whatever they need and do nothing else. It would be less damage. Even have the now free media paint a lovely picture all about sports everyday while our AG drafts a new racist constitution. Save our AG the time just cut copy paste the racist 1997 one lol. And get straight to the Qoliqoli bill. You show me the GCC report great but I can show parts of Africa failed thanks to tribal politics.
I would look past it all just to leave the fairness of the 2013 constitution alone and have us working along side each other building a brighter Fiji based on Merit and not race and status again.
I would look pasted all the shambles and excess to have Frank Bainimarama and Sitiveni Qiliho at home with their families safe. They kept us all safe for many years and the 20 months of the darkest ever during the Pandemic. They did so much for us in the Pandemic and brought us through it. I may never get to thank them for that but I hope my prayers reach them and their families. And Dr Fong thank you and our medical staff thank you and police up during the curfew. We felt safe thank you and you got us through. Thank you.
They got us breaking records of visitor arrivals after border openings. No jab no job. We didn’t have enough hotels planes and tours. Thank you Fiji First.
This current mob were in opposition at the time even calling to shut the airline down Lynda was eating planes on Tik Tok. They were the first ones flying everywhere once in office poor Tuisawau left as acting PM every DPM and PM Tom dick and harry on a trip somewhere.
The pandemic was bad but this lots dysfunction really showed back then even they couldn’t even work together as SODELPA and split up but say now everything is wonderful and strong.
Flooding this year with Kava drinking at NDMO. That was not allowed in Fiji First time and we had how many category 5 cyclones even record breakers like Winston they dealt with.
Imagine the countless cyclones floods and pandemic Franks leadership got us through. That’s a leader. None of this BS.
There is no denying, well for me but there’s the academics professors and racists entitled elitists the Richard Naidus etc etc etc there that can harp on 16 years 16 years 16 years. Fiji First Goverments policies leadership and direction would just keep us all going into the future fair for all people. Not one race over another. Status etc. Take TELS for example. Go and get yourself higher educated nothing to stop you. No waiting around like scholarships boards etc based on race. We grew without a doubt.
Even this Governments attack on Grace Road is shameful. I tell you that’s shameful. They have created so many jobs. What jobs has this Government created. All we did before Grace Road was piss and shit all over the roadside between Nadi and Suva. They bought some civility to us and have shown
us the light. Clean courteous correct change receipt. Brought money jobs and skills. Development. What has this Government done? We are going back to the 1990s. Unless you are one of the lucky 80 thousand that left already.