Salesi Temo, the Acting Chief Justice and head of the Judicial Services Commission, is a walking disaster and it is one of Fiji’s great mysteries that he is allowed to continue in the job. That he does so after a succession of public scandals tells us not only that he regards himself as a law unto himself but that the Prime Minister, Sitiveni Rabuka, and the Attorney General, Graham Leung, are either willing him on or feel powerless to bring him to heel.
But Temo’s latest outrage may well be the final straw – his humiliation of the President and Head of State in casting him as a liar in the continuing debacle of the suspended DPP, Christopher Pryde, that is now entering its 18th month.
Today, Monday, September 23, is the day Ratu Wiliame Katonivere set as the deadline for the Tribunal hearing the allegations of misbehaviour against Christopher Pryde to conclude its deliberations and report to him with its findings. Yet today will pass without the Tribunal even beginning its hearing, let alone being able to provide the President with the outcome he directed it to give him.
Here’s an extract of what the Head of State wrote in May on the advice of the Acting Chief Justice to the Chair of the Tribunal, Justice Anare Tuilevuka, and his fellow judges, Justice Samuela Qica and Justice Chaitanya Lakshman. (full letter below)
In an unprecedented media release in July after the Prime Minister said it was wrong for the JSC to have suspended Christopher Pryde’s salary, here’s an extract of what the Acting Chief Justice told the nation confirming todays deadline. (full statement below)
So what on earth has happened? It is now 23 September and there is still no sign of the Tribunal being convened to hear the allegations and provide Christopher Pryde with access to justice. And more than two months after the Prime Minister said Pryde was entitled to continue to be paid after his salary was summarily cut off, he is still without the income he needs to properly defend himself.
Why is Salesi Temo giving dates to the President of the Republic and to the Fijian people in a media release that have no hope of being met? We know that the State is yet to conclude its case against Pryde because fresh affidavits have been coming in and disclosed to his legal team evidently as late as the end of last week.
It is coming up to 18 months since he was suspended. Why can’t the State and Salesi Temo get their “sh*t” together, to put it bluntly? Are they dragging their feet because they aren’t confident of getting a guilty ruling? Is it the nightmare prospect of the Tribunal recommending Christopher Pryde’s reinstatement? It sure seems that way when fresh witnesses are still being scraped together so long after the DPP was stood aside.
And why has Salesi Temo simply ignored the Prime Minister’s statement back in July that Christopher Pryde was entitled to be paid his salary until there is a finding against him? It is an astonishing denial of natural justice on top of the denial of natural justice in keeping a man with an unblemished record waiting 18 months to have his day before the Tribunal.
No blame can be attached to the Tribunal judges themselves – Justices Tuilevuka, Qica and Lakshman. They too have unblemished records and Justice Tuilevuka – the Tribunal Chair – is especially well regarded. Yet they too are being held hostage by the outrageous conduct of the Acting Chief Justice in continuing to drag his feet in dealing with a festering sore that is increasingly bringing Fiji’s judiciary into disrepute.
Back in May, as the letter below shows, the Tribunal judges requested an extension of their mandate because of the inordinate delay by the State in dealing with the Pryde matter. But now the second deadline for it to be concluded is passing today with no indication when a Tribunal hearing will finally be held. And once again His Excellency the President has been compromised, dragged unwittingly into Salesi Temo’s pantomime and tarred with the same brush of incompetence.
It is an absolute scandal to add to Temo’s already sorry record.
1/ He defied the Constitution and appointed John Rabuku as Acting DPP only to have that appointment reversed by three Supreme Court Judges because Rabuku was guilty of professional misconduct. Temo has since sanctioned the appointment of Rabuku as Deputy DPP when his record of misconduct stands, bringing the State’s prosecution service into further disrepute.
2/ His Lordship unlawfully threatened to refer the Resident Magistrate, Seini Puamau, to the police when he angrily overturned her verdict against Frank Bainimarama and Sitiveni Qiliho and sent them to prison.
3/ He appointed Barbara Malimali to FICAC knowing that she was being investigated by the corruption watchdog and triggering the current furore over events which even the Prime Minister describes as “rotten” and wants investigated.
4/ And he has humiliated the Prime Minister by ignoring his admonition to restore Christopher Pryde’s salary and humiliated His Excellency the President of the Republic by giving him successive deadlines to set for the conclusion of the case against Pryde that Temo must know can’t be met.
With this record, His Lordship has amply demonstrated that he is unfit to be Acting Chief Justice and head of the Judicial Services Commission and must be removed.
To recap, M’Lord:
- By thumbing his nose at the Constitution – the supreme law – Salesi Temo is an outlaw.
- With his outbursts in court, most recently against Seini Puamau, he is temperamentally unsuited for the job.
- By appointing Barbara Malimali to FICAC when he knew she was being investigated, he is injudicious and reckless.
- In presiding over the inordinate delay in hearing the case against Christopher Pryde, he is tardy.
- And in defying the Prime Minister and embarrassing the Head of State, he has displayed an arrogance and highhandedness that is frankly alarming and threatens the integrity of the State.
As for Christopher Pryde, with no money and still no hearing date to have the opportunity to clear his name, no opportunity to simply walk away because he is still the DPP and until his case is decided, unable to apply for another job, it must be increasingly difficult as the months roll on to “keep calm and carry on”.
Yes, Prime Minister, the state is “rotten” and it is time to set the processes in motion to stop the rot. You and your AG can start by doing to Salesi Temo what he did to Christopher Pryde. Engineer his suspension for misbehaviour and put him before his own Tribunal.
Oh, but this time, make sure it is fast-tracked. Because as the old saying goes, justice delayed is justice denied. And the present farce cannot continue. Because it is fundamentally undermining public confidence in the rule of law.
————–
The letter with the deadline of today that H.E the President sent to the Tribunal judges after they asked for an extension of their mandate. He is now going to have to set another date in this never-ending saga.
The media release that Justice Temo himself issued in July citing the September 23 deadline…
It is now more than two months since the Prime Minister said Christopher Pryde’s salary should continue to be paid and the Acting Chief Justice has made him look foolish by simply ignoring him.
Justice delayed is justice denied. But keep calm and carry on. Because this surely can’t go on forever.
For background, to follow is just one of the many stories Grubsheet has covered about this sorry saga.
For more, simply type “Christopher Pryde” into the search engine on the right.
Yes, about this matter. Sorry to say, but, its going to have to wait for another week, at least. Him and his entourage are in NY. Probably feeding squirrels in Central Park. Bloody good-for-nothing lot.
Or, feeding on squirrels.
Donald Duck says they are eating the cats. They are eating the dogs. They are eating the pets.
If it carries on much longer maybe the DPP should take Temo to court to get his legally entitled salary. The prime Minister has already confirmed he is entitled to it and should be paid !
The presidential teletubby will just bend over and take it.
Temo knows that he has Rabuka, Turaga and Leung’s blessings – he is well covered and is well beyond the reach of the presidential wrath.
Pryde’s case wont be heard anytime soon and the presidential teletubby will probably be 6 feet deep before it even sees the light of day.
Interesting, as Fred would say, to hear the PM’s speech at next month’s CHOGM in Samoa about law and order in Fiji. Even if a truthful statement on the situation is included in the final speech, he won’t read out that particular sentence.
Thankfully, Frank and his team lost Fiji’s bid to host CHOGM. Imagine us hosting in the current context. Best wishes and Congratulations to Samoa for the rare occasion of a woman chair for the meeting. Iron Lady Margaret Thatcher may have been one of them, if not the only one.
Wondering then if Fiji is violating one of the basic tenets of the Commonwealth by trashing the supreme law of the land? If those tenets are binding, then Fiji could face suspension and laugh all the way back to Beijing, bolstering China’s hold on our ….. If non binding, then the show continues.
PANTOMIME is the right word – “a theatrical entertainment, mainly for children, which involves music, topical jokes, and slapstick comedy and is based on a fairy tale or nursery story, usually produced around Christmas.”
And with the increasing circus of pantomimes, Salesi Temo is the Acting President while the President heads Fiji’s delegation to the New York Climate Summit.
This must be the biggest joke for Fiji’s climate credentials. Ratu William is going to read Fiji’s statement at the Summit while other distinguished leaders will use the opportunity to have side meetings with bilateral and development partners and seek assistance to assist with Fiji’s climate impacts. Can you imagine our President doing this.
This also gives the Acting President the window to address Pryde’s directive himself. All ethics will be out of the window, as has been demonstrated in the FICAC saga and the actions of the Mercy Commission and the IJLC.
It is everything to protect one’s personal agenda and interests using the bestowed powers, which is the hallmark of the current Coalition and its appeasers.
This saga has gone on for too long and is another example of an inept A/CJ and a useless Prime Minister.
It seems that the A/CJ is running the country not the elected Government!
If the Rabuka had any balls he would direct the Finance Minister to pay Christopher Pryde until the matter of his suspension is finalised!
The A/CJ does not control the Government’s finances and the Government could pay him even if the officer was suspended. It is a basic tenet of natural justice that the officer continues to be paid until their fate has been decided. Something the A/CJ ignores and demonstrates he is either bereft of knowledge or vindictive. One could suggest it is the latter!
Don’t worry mate.
Today, the Acting CJ Justice Temo to the Acting President, a Justice by the name of Temo as well and a new deadline will be approved. So let’s all KEEP CALM and CARRY ON driving kava. Eh taki mada hahaha
PAP had the objective of changing the Constitution.
The Constitution is almost impossible to amend.
As far as I know there is only two legal ways.
1. Via referendum – impossible
2. Via the RFMF – by Decree.
What I believe PAP has put in place to achieve change to the Constitution is ” lawfare”.
In pulling and putting in place the pieces to achieve their objectives, they are tearing apart the fabric and creating chaos.
It looks like the plan has not been fully thought out, or it was, but the best laid plans when subject to the real world, will be tested, and that is when you must rely on those loyal soldiers in the field to get by best as they can.
So, we the people of Fiji, must wait and watch, as the nations Constitution is subject to attack by those who have been set a task, as policy, not written, but implied and encompassed in an ideology of supremacy of the chosen.
Looks to be a choir, is there a conductor, does it need one, hidden?
My advice
a. Commander prepares a Decree and presents to the President.
i. He may advise the PM and get his Co-operation, which would be that he could continue as a caretaker Government to the end of this present Government s term. Failing the co-operation of the PM he :
ii. puts a caretaker government in place forthwith.
Either way, the RFMF sets the agenda . It needs to re-institute the Constitutional Assembly as per Ghai Constitutional Commission, which will deal with changes and amendments to the Constitution based on open and transparent dialogue by the people of our nation. What is transpiring now is not conducive to investment confidence, so say goodbye to delusional growth projections, jobs and social cohesion.
b. A One Party State is put in place at the beginning of the next election cycle. To run for 4 cycles.
Failing this, a Presidential system, where our national leader is not limited to a tiny pool of politicians to choose members of Cabinet. This will remove blackmail by politicians on a Prime Minster.
If the RFMF want help, I can write the Decree for you and formulate the agenda for next 18 months.
RFMF , Be strong, don’t let your knees go to jelly.
PAP Constitution
4. PRINCIPLES
(e) Paramountcy of the rule of law, in which the laws and procedures apply equally to all citizens.
Fiji Village – Rashika Kumar. 20.11.22
People’s Alliance to review all constitutional procedures and seek amendments to ensure independence of crucial institutions if they form Govt
If elected into Government, The People’s Alliance will review all constitutional procedures and seek amendments to ensure independence of crucial institutions such as the Judicial Commission, Supervisor of Elections Office, the Reserve Bank of Fiji and other fidu-ciary institutions.
According to their manifesto that was launched at Namoli Village in Lautoka, the People’s Alliance Government will enhance respect for the rule of law, increase transparency, and develop effective legislation as the foundation for Fiji’s governance processes.
It says to realise this, they will ensure the separation and independence of the three arms of Government which is the legislature, executive and the judiciary; remove unfair discrimination, curtail arbitrary abuse of wide discretionary application of laws; insert safeguards against abuse of discretionary powers and remove provisions that prohibit judicial review of administrative discretionary powers bestowed to the Ministers and public officers.
It says they will also widen the recruitment of judges to countries such as Australia, New Zealand and the UK to upgrade the judicial benches, and review all legislation on all law enforcement agencies to ensure transparency and efficiency.
While launching the manifesto, People’s Alliance Leader, Sitiveni Rabuka says various contentious laws passed since 2014 will also be scrutinised to determine whether they should be repealed or amended.
Rabuka has also raised concerns about certain media outlets allegedly receiving substantial amounts of public money, apparently in return for favourable coverage of the government or in other words, propaganda.
He adds this, too, will be investigated but he has stressed their total commitment to media freedom and the part that it plays in the promotion of democracy.
According to their manifesto, in the first 100 days they will remove laws and decrees that undermine human rights, media freedom, freedom of association, individual and group rights.
It says depending on legal feasibility, they may consider the establishment of an Independent Constitutional Commission to look at drafting a new constitution.
Rabuka further says the review of defence and national security will be tied to the constitutional role of the military which needs to be more precisely defined and pegged to Fiji’s national interests.
He says he would expect the review to emphasise the principles of democratic control of the military.
The former Prime Minister further says audit of government expenditure underscores the need for the people of Fiji to know exactly how their tax money has been spent.
On the same day ;
Rabuka says, as part of first 100 day plan “ Phase out FICAC”
How did he expect to do this when it is a Commission proscribed by the Constitution. He can not do what he says he will do when he knows what a change or amendment to the Constitution entails, unless the man was showing signs of senility or megalomania or lying to the people, including his base.
How does the sacking of Christopher Pryde fit with the Peoples Alliance Party Manifesto as follows ‘
QUOTE: “It says they will also widen the recruitment of judges to countries such as Australia, New Zealand and the UK to upgrade the judicial benches, and review all legislation on all law enforcement agencies to ensure transparency and efficiency.”
The PAP Constitution’ in regard to its Party Emblem, is versed with references to God.
My question to Rabuka, when he stood on the balcony of the Civic Centre back in 87, and claimed God was with him, was that God of the Universe or of this world. Big Difference !
What kind of tree are you? And what of your fruit?
Fear of the Lord, is the Beginning of Wisdom.
Hate me or love me, but do not sit on the fence or I will spit you out.
God will not be mocked ! Look at the counterfeit Israel, its ethos of lie, cheat, steal, sanction, siege, destroy, extermination, ethnic cleansing, all wrapped in a nice word called genocide. Evil never rests, 24/7, but it will not stand for ever, and so will go Israel and the Talmudic cult and their ideology of Zionism.
I pray this evil does not completely infect the soul of Fiji, the counterfeit ideology of the chosen, Christians beware.
Ian, how about I charge you by the word to comment? I would be able to retire comfortably with this latest offering. Crikey.
BTW, we already effectively have a one party state now that FijiFirst has collapsed.
Ian is like cattle. He thinks, and thinks and then over thinks some more.
Then chews on it all night. Regurgitating all the time then out comes the end product: BS.
Ian just suggested a coup without a coup. By Decree.
Where does the constitution say rfmf can write a decree to force the hand of their commander-in-chief?
Where in the constitution does it say the president must go along with any decree.
And who will tell the grand father of coups he is no longer the PM (don’t expect pm to meekly step aside.)
Problem: say if what Ian says goes to plan. BAD idea to keep that same people as ‘interim’ for TWO YEARS MORE. That would not end well for sure– as if the current lot haven’t done enough damage already.
Next is the circus of judiciary supporting cast-who will control them? Who will kick them out of office?
Santa Clause is not going to play along, Ian. Have you not been paying any attention to Santa Clause giving the finger to the president and the pm?
AG and the rest of the ultras will kick the “deer caught in the headlights” ass real hard.
Think and chew some more. You start out with a bang, then peeter out with outlandish regurgitated BS.
The only 2 ways out of this knee deep shit farm is wait until the next election, OR rfmf do what the constitution says it msut do to protect the country, economy, law and order, and its people.
Ian is one messed up kai loma. They are good people though who have have been removed from their place at the top table by the politics of the dhoti-clad class. Fijian ethno-nationalism under Rabuka has marginalized ethnic minorities. The 2013 Consitution entrenches that marginalisation. Thats why the 2013 Consitution is not good for Fiji because it enrrenches the interests of a small clique at the expense of other groups who have made an enormous, albeit unrecognized, contribution to Fiji.
GD, hahaha. actually surprised you published it. Oi, One Party State with a member of ONE, with $2.00.
A one party State would be a legal entity with a structure that would encompass all the people in the country and allow them to participate.
There is endless drivel about getting women and youth involved. “Give a dog a bone”. They are offered their own Women and Youth Wings within the Party structure. Jeez, are they second and 3rd class citizens?
The $60+ million the State spends on elections once every 4 years would fund the OPS. There is Section 121 ( Transparency & Accountability Com.) of the Constitution, which would keep the One Party State entity accountable, among other Civil and State Entities. Parliament has not made law for this section. Looks like our representatives in Parliament do not want to give the people any agency.
I don’t believe “bad people” are bad as such, they can not change their spots, so expecting anything good from them is illogical, idiotic, irrational, stupid of me.
Quote :
What did Edmund Burke mean by “The only thing necessary for the triumph of evil is for good men to do nothing.”? Quick answer: Edmund Burke meant that for evil to triumph, it is enough for good people to remain passive. He emphasized that wicked individuals often organize themselves into powerful groups, making them difficult to defeat.
The way I see it, the enemy of Democracy, in whatever form, is the utter complacency, of supposed good and honest people, who selfishly gorge on the benefits of democracy, but will not participate or defend it.
Reply to ANONYMOUS;
Will “Tukutuku” do it for you, rather than “Decree”?
You end with,
QUOTE; “OR rfmf do what the constitution says it must do to protect the country, economy, law and order, and its people. “
Back to square one….shish! Its what I said, with suggestions.
What Rabuka said, was
Quote: “Rabuka further says the review of defense and national security will be tied to the constitutional role of the military which needs to be more precisely defined and pegged to Fiji’s national interests.
He says he would expect the review to emphasise the principles of democratic control of the military.”
Response to Vili Wadali – BTW, I appreciate a man who has a name.
Vili, would also appreciate more detail and clarification in regard to your comment as it pertains to the Constitution. After all we men with names may meet at some future Assembly or Commission whilst lodging our submissions.
Quote. “ The 2013 Constitution entrenches that marginalisation. That’s why the 2013 Constitution is not good for Fiji because it entrenches the interests of a small clique at the expense of other groups who have made an enormous, albeit unrecognised, contribution to Fiji.”
One party state:
https://www.theguardian.com/world/2024/sep/25/china-economist-zhu-hengpeng-disappearance-xi-jinping-wechat-comments
This is what eventually happens when the government crosses the line and intervenes when and where it shouldn’t. Remember when the then brand new AG Siromi Turaga hauled in Simione Valenitabua (like John Rabuku, was also fined for professional misconduct) to head Rugby House. Endorsed of course by the PM, leaving Peter Mazey mazed.
Right thinking citizens, especially the youth, are thankful that national rugby heroes like Wise, Levani and Semi are also role models for good governance, transparency and accountability. Unlike our leaders who are helping themselves as half of our people live below the poverty line and struggle to find dinner tonight.
https://www.fbcnews.com.fj/sports/rugby/senior-players-join-nayacalevus-call/
The reason it has been delayed is because Temo does not like the finding of the Tribunal.
This guy should have been taken out of the Judiciary by Frank and Co. But we hear that Tony Gates insisted in him staying on despite Temo’s excesses. He was into all sorts of shenanigans even before they made him judge. Gates liked to play politics within the judiciary. Temo is also quite thick.
Recently he admonished two of the court of Appeal judges because they upheld, and rightly so a decision by the former Chief Justice Kamal Kumar. Temo was pissed off.
This is how he, rabuku, malimali, tikoisuva, siromi and that bang lot view the law. It is a means to an end and they don’t give two hoots if in the process they get the actual law wrong or simply just bully whoever they don’t like or simply to get their way.
There are certain magistrates including the ones hearing frank and aiyaz’s matters who will dance to these people’s tune because they want to keep their jobs. Temo learnt from Puamau. Kudos to Puamau. The other one that maybe able to hold himself up is Magistrate Savou. Let’s nit talk about the judges at the moment.
Temo overall has completely prostituted the Judiciary.
Temo and co also don’t give two hoots about the implications of their actions on the economy and rule of law, investment, confidence and overall implications on and respect for law and order. They simply don’t.
Rabuka really needs to pull out his finger otherwise he will go down as the PM who once again screwed up the economy and the lives of ordinary Fijians.
Temo in the meantime is on a massive power trip. He is like a boy let free in a candy shop. We know all of the above get together and talk about how they have screwed different people and what is the next plot and then they get pissed and have a good laugh. They also think it’s all justified because they want the vulagis out of any positions that matter and any one supporting the vulagis. For them they also want to get people like Frank and Aiyaz because these two represent the philosophy that we are all equal and we all are Fijians. They resent that idea. They want to kill that idea and ensure that nobody ever dares to think like that again. Believe you us. They want to kill all this equality and common and equal citizenery shit as they say.
So despite the moral highground that we may have these people don’t give two hoots. In fact they love this drama and our reaction. They then stand tall and say ‘what are you going to do about it? You can do bugger all. It is our reign. Our time. This place belongs to us. We will do what we like. So F off.’
Let’s us hope that they gluttony and arrogance will be their undoing in the very near future.
For some of us close to these people and their excesses, we hope their undoing happens in the next few months.
God bless Fiji. Fiji sure needs a continuous tornado of blessings because we are being ruled by the unblessed devils.
Lies at the highest global levels. At the UN today, President says Fiji is committed to realizing our vision for … social inclusion. Please tell the truth and say “social exclusion”.
Next lie will be in Apia next month. PM is having his way all the way, and after HE’s “grand” performance at the UN, he could very well represent the PM again at CHOGM.
It’s the Commonwealth Heads of Government meeting. Katonivere is not the head of government. Rabuka has no choice but to go.