Just as we can have no confidence that Christopher Pryde will be reinstated as DPP after he was reportedly exonerated by the Tribunal investigating him for misbehaviour (see previous story), we can have no confidence that we will ever know the results of the current inquiry into the allegedly “rotten” circumstances of Barbara Malimali’s appointment as FICAC Commissioner.
Why? Because the decision to release the result of both inquiries rests with the politically compromised President and Head of State, Ratu Naiqama Lalabalavu – the convicted criminal and alleged child abuser who occupies State House at the pleasure of his chiefly subject and patron, the Prime Minister, Sitiveni Rabuka.
As Grubsheet reported yesterday, Ratu Naiqama is sitting on the findings of the Pryde Tribunal in direct defiance of the terms of the Constitution. Why? Because the report is said to be highly embarrassing for the State, which has evidently failed in its attempt to nail the DPP after keeping him waiting for 21 months for a hearing and cutting off his salary for the past seven months.
As we watch the parade of witnesses now appearing before the Ashton-Lewis hearing into “Barbara-gate”, we need to ask ourselves this: If the President is prepared to defy the Constitution that stipulates that he must release the Pryde report and reinstate the DPP, what hope do we have of him releasing the report of the Commission of Inquiry into Barbara Malimali?
Because here’s the thing, Fiji. Not only is the Malimali Inquiry being held in secret, it will be up to the President when Justice David Ashton Lewis reports its findings at the end of the month whether to make them public. According to both the Judge and the Prime Minister, it will be totally at the discretion of Ratu Naiqama Lalabalavu whether the report will be made available. No law will compel him to do so as in the case of the Constitutional requirement he is defying to release the Christopher Pryde findings.
So what do we think is going to happen, Fiji? Easy. Because the man has form. We can expect the President will do everything he can to protect the Prime Minister, the Chief Justice, Salesi Temo, the Attorney General, Graham Leung, and everyone else involved in this squalid affair. If the law is being shamelessly broken in the Pryde matter when there is a means of legal enforcement through the Constitution, how much more will the President be able to withhold the Malimali findings when there is no law to require him to make them public.
On the first day of the Malimali Inquiry yesterday, some striking and deeply troubling things took place. We have an account today in the Fiji Sun that the Prime Minister faced a “grilling” – “intense questioning” – over the processes that led to Barbara Malimali’s appointment. But the whole story is supposition – guesswork – because we have no way of knowing what happened in the courtroom. It is closed to the media and the public and the proceedings are being held in secret.
The Sun reporter, Jone Salusalu, doesn’t know what actually happened because he wasn’t allowed in. So how could he possibly know that Sitiveni Rabuka was “grilled”? He doesn’t, aside from second hand accounts. In fact, Justice Ashton-Lewis himself has given us a very different account of the Prime Minister’s appearance – and one that is deeply troubling in itself.
“The Prime Minister acted commendably”? Seriously? It is not for the investigating judge in an inquiry of this kind to praise one of the witnesses in comments outside the court. And especially the Prime Minister, on whom the entire debacle of the Malimali affair ultimately rests.
Rather than bolstering public confidence that this whole process is one of integrity and independence, Justice Ashton Lewis has heightened existing suspicions about the nature of his relationship with Sitiveni Rabuka – reportedly members of the same prayer group and fellow parishioners at Butt Street Methodist Church.
The point is that even if there is no question about the Judge’s integrity, the fact that this inquiry is being held in secret is a big impediment to convincing the Fijian people that it is being conducted properly. Because it is not in the least bit transparent. And there is no guaranteed accountability because it will be up to a man with form in suppressing the result of an inquiry – the President sitting on the Pryde report – whether you and I get to see the Barbara Malimali findings.
It was also troubling to see the man who we pay to keep the bastards honest – the Opposition leader, Inia Seruiratu – supporting this inquiry as a “good thing”, secrecy and all. It raises fresh questions about Seruiratu’s judgment.
Hello? There is no guarantee that we will “know the truth” because we won’t hear the evidence. It is secret. And the convicted criminal and alleged child abuser who occupies the presidency and is sitting on the result of another inquiry doesn’t have to release the Ashton-Lewis report if he doesn’t want to release it. I repeat: Whether it is made public is solely at Ratu Naiqama’s discretion.
Once again, the Opposition leader completely misses the point and doesn’t seem to understand the issues, which gives us precious little confidence about his ability to take on the government at the next election and have any chance of winning.
Memo Inia: Please read Naisa Koroi‘s editorial in today’s Fiji Sun. You will learn something about proper process in a democracy that seems to have escaped your attention. Wake up!
Naisa Koroi is spot on. There was no need to declare this inquiry secret. If there were matters involving criminal behaviour that are currently under investigation, then by all means close the court and hold an “in camera” hearing for that portion of the evidence.
But the hearing as a whole should have been open to both the media and the public. Why? Because when it comes to allegations of “rotten” processes and claims and counterclaims of wrongdoing by the protagonists, the evidence the world over is that sunlight is the best disinfectant. The rot not only has to be cleaned but seen to be cleaned for public confidence to be retained in any democracy’s institutions.
It is an outrage that something as important as the appointment and conduct of our anti-corruption watchdog should be examined in secret, with the decisions resting with one judge and his assisting counsel. And even more of an outrage that the convicted criminal who is our Head of State gets to decide whether the findings are released when he is utterly compromised politically and is already sitting on one important case.
Justice Ashton Lewis might think he had a good first day. But for the rest of us, it was a disaster in terms of confidence in the process. Another nail in the coffin of public confidence in the criminal justice system in Fiji and in the integrity of the State.
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Today’s Fiji Sun front page. Pure supposition based on second hand accounts.
And today’s coverage in the Fiji Times on the “veil of secrecy” over the Malimali Inquiry. Andrew Naidu‘s description is dead right.
UPDATE: Tuesday AM:
We can’t lift the veil of secrecy but we can tell you who the witnesses are and when they are appearing.
Those yesterday and those to come are a “who’s who” of the establishment. No wonder they wanted to keep it secret.
Talk about an Opposition Leader Lite. A disturbing image from yesterday’s hearing that might well explain Inia Seruiratu’s praise for the process.
Whose side are you on, Inia? Rabuka’s or the people’s? Because if you don’t provide the electorate with an alternative, what’s the point? The big new salary? The new house?
And why haven’t you demanded the release of the Christopher Pryde findings? Your silence on that is deafening. Start opposing or get out of the way.
I wonder what Stanley Simpson has to say about the way this inquiry is being conducted, seeing that he is the pillar of independence and integrity in the media space in the country.
He should tell us all accompanied with a nice pic of him with Buka.
Or with Filimone or Tabuya. His mates.
Don’t forget all his Indian mates.
As a fan said in another thread: Give the guy a break. He has many Indian mates. And that makes Stan the man a good sort.
Which by the way, is the most lame ‘reason’used in race based discussions.
It means zero -in fact it is bad form to say that if one has black, brown, Indian and/or (insert nationality/ethnicity) friends, then one.os not prejudiced against that group.
As the president-elect bigot moron saying: I’m not racist, I have black friends.
See Wiki entry: https://en.m.wikipedia.org/wiki/I%27m_not_racist,_I_have_black_friends
Stanley is teaching Lice how to pronounce words and report properly. That’s their first world problem right now.
With his ‘put on’ heavy taukei accent to prove that he is not a bona fide kai India.
Remember only the iTaukei and the kailoma undertsand independence and integrity in Fiji. Fiji is unique and different. Special people live here. The kind who are mentally challenged – that is what we call these people in Australia. Fiji is full of special people.
The vulagi will never understand the local culture.
Leave the kai lomas out of this. They dont have a seat in parliament thanks to the illegal 2013 Constitution.
Stanley is not representative of the kai loma, even though he uses his mother’s Anglo surname. Dont use him to tarnish a whole community.
Does that include pretend kailomas?
And does that exclude pretend kailomas who socialise with the Buka gang?
No pretend kai lomas…except for the ‘want out’ kai India in question. Lol
#SaveOurFiji
#RemoveCoalitionNow
For far too long the Fijian people have been kept in the dark. It started in 1987 and the lasting shameful legacy has continued.
This is why many Fijians have left the country. They are tired of the corruption and nonsense that has gone on for years.
This government must be removed immediately. Fijians should take to the parliament and protest, like how New Zealanders did recently when their Treaty Agreement was compromised. Over 80,000 people marched to Wellington parliament alone.
The country needs a leader, youthful and intelligent. We have come to a crossroad and we must stand up and demand honest leadership. We cannot wait for elections now. This is way too serious to ignore. The law of the land is compromised everyday. So many Ministers in Fiji are under investigation by FICAC. The place wreaks of corruption. This government has allowed the rape of the law of the land.
Fijians, we must rise. Now. Mobilise and fight for our constitutional rights.
(Note. Parts of this comment have been redacted for legal reasons)
Meanwhile, Janet Mason has faced a disciplinary hearing herself in New Zealand. Who in their right mind procured her services!
We hold no power as taxpayers to have any credible people now to be part of the commission of inquiry. Our government and its own investigations are compromising us, the tax payers, on our basic rights to a public hearing.
Lewis has already alarmed and compromised the outcome of the case by commenting about the Prime Minister in such a way. No one does that even overseas. Fiji is a pony show and the legal bodies are watching us closely from Australia and New Zealand.
https://www.thepost.co.nz/nz-news/360504932/senior-wellington-lawyer-faces-penalty-not-doing-junior-training-course
Who exactly is running the country ?
No one is.
Gone to the dogs.
Talking about rape, did anyone else notice what Juki Fong said about the Virgin Air victim? He said that flight crew must rest during layovers. He went straight to blaming the victim. Nevermind that his own police officers are drug traffickers and kava doped most of the time and cannot keep Fiji safe.
I was wondering where is Shame-mi-ma and Deo now? Are they coming out to victim blame or safeguard the innocent raped victim this time? Again, now they are quiet because it is not about their gender-card clown Tabuya. This is the calibre of women NGO leaders in Fiji. Vomit material.
The country is ruined everyday.
They have not missed a single day to protect the people and uphold the law of this nation.
Why are MPs with a FICAC case interviewed? Any idea anyone?
They are MPs who were being investigated by FICAC until Barbara Malimali shut those investigations down. And in the case of Biman Prasad, stopped him from being charged with abuse of office.
Thank you for the clarity there, GD.
I hope that the inquiry looks into what influence these MPs have on Malimali’s employment and how this may impact her decision making so far given her close ties with some of the MPs.
I am grateful to Pulewai for her willingness to be part of this inquiry. Also, to Alex Forwood for being courageous in her pursuit to call the government and FICAC out.
This whole process yet again, just after the one for Rabuku (illegally appointed ADPP) and Pryde (illegally removed DPP) shows how inept this government is. They have wasted so much taxpayer money and failed to uphold the constitution. They have made a complete mockery of the highest offices in this country.
I am sure that we will hear more from the inside, whether they like it or not.
Thank you for keeping us updated GD.
I recall an intriguing conversation I had years ago with Mr. Lewis, [post-retirement], over breakfast. He spoke with great affection about his work in Fiji and often mentioned two individuals from that period. One was Mr. Sakeasi Butadroka, whom he admired for his clear grasp of the distinction between the rules and etiquette of the chiefly system and those of parliamentary systems. The other was Mr. SL Rabuka, whose respect for the court, even while in full military regalia, left a lasting impression on him.It comes as no surprise to me, therefore, that his Honor commented on Mr. Rabuka’s willingness to engage. Notably, his Honor’s ruling in the case involving Mr. Butadroka remains significant—it is the only instance where a higher court overturned the Appeal Court’s decision, siding instead with the original High Court ruling. This judgment, which caught the attention of the U.S. Supreme Court Bench, is remarkable for its thorough analysis of the Magna Carta, including its history, legal reasoning, and application in the Butadroka case.
While I trust the Commission’s findings will be thoughtful and their conclusions well-founded, I cannot help but worry about why such important insights on due process might not be made public.
No matter how hard the coalition tries to cover its Milamila, its symptoms have bern evident for far too long for people not to know what’s happening.
The fungus has spread to Rabuka’s balls and he’s been scratching so hard that its becoming an international laughing stock now.
Putting a screen of antifungal in the form of this commission of inquiry will not stop the symptoms now. Something needs to be amputated and thrown away. Unfortunately for Rabuka, it will be a delicate part and one that might crash his coalition.
Just sit back and mourn what’s happening in Fiji. Even God seems to have forsaken Fiji now, for it’s so called bush leaders have lost all shame, morality and most importantly compassion for the Fijians who voted for them.
Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government.
That’s of course if Fiji has a regular transparent and democratic system in place. Which it doesn’t. So the evil trio and their associates continue to wreak havoc and make a mockery of the judicial system.
Nothing much else to add.
“The very word ‘secrecy’ is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths, and to secret proceedings”.
John F. Kennedy
He knew exactly what he was talking about.
Why are we even wasting time, resources and everything else with this whole process?
When we already know the final result is a foregone conclusion.
The process is shut from the public eye and the result will never be divulged to the public.
What is the point?
Just another hogwash trying to fool the public without actually achieving anything.
The silence from large sections of the media and institutions/ people claiming to be the champions of media freedom and good governance is deafening.
I guess the silence from people like Shailendra Singh, USP Head of Journalism is hardly surprising given the man’s questionable knowledge and skill set. He is where he is mainly due to his forged relationship with Biman Prasad and in turn Pal Ahluwalia.
A first order opportunist. One will struggle to find any decent analytical piece on any issue which can be attributed to him. Is it not surprising to see the quality of journalists in Fiji and the lack of any investigative journalism.
And do not be fooled by Seruiratu’s antics who comes up with, what seem like independent view once in a blue moon, just to try and justify his ‘opposition’ badge. He has Naiqama’s ears, and has been part of the Speaker’s delegation, over the last 2 years, to many conferences, meetings and official visits to all sorts of exotic places. He neither has the ability nor the balls to speak on any issue which may be interpreted as compromising the views of either the current President or PM.
I couldn’t agree more GD on the much needed responsibility of institutions and individuals, including political parties, to speak up and demand transparency of processes and outcomes. Otherwise we are really spiraling towards becoming a banana democracy, if not one already.
Wonder what Prem Shekhar.. Lady wth the red vehicle registration number ‘1’. has to say about COI.She was at FICAC office the day Barbra Malimali was arrested and taken in for questioning. Was sitting with her lunch and said she is Malimali’s next of Kin. Prem works for USP, School of Law where Malimali was once a lecturer.
Alex Forwood is a force to reckon with. Very proud of this human. 🙌🏽
I am taking she is the main complainant.
I hope Seruratu puts up a fight in parliament to have the findings released.
We need a new party to join forces with Labour and Unity Fiji in 2026 to throw this Coalition out.
Ok Mr Simpson,
Shall we wipe away the tears and get on with the job of getting to the bottom of this secret COI into Mali2 appointment.
Can you please ask the following questions to the relevant people, or agency, on behalf of the people you profess to inform:
1. Will the COI findings be released to public for the sake of transparency and integrity?
2. Why hasn’t the Tribunal’s report into the suspended DPP been made public? When can the public expect the report to be made public?
3. Why hasn’t Mali2 been stood down while the COI conducts it hearings? Tikoduadua stepped aside so the investigations into the PP saga would be transparent without a hint of undue influence.
4. The public, the electorate, has lost all confidence in the ability of this government to govern fairly and effectively. What do you think has contributed to this huge loss of trust?
5. There is talk on various levels that this Coalition’s days are numbered given the consistent scandals that have, and are plaguing this administration. Is this worrying for the Coalition? Have there been discussions around this government’s failure to address the pressing issues of high crime, increase in drug abuse, and trafficking, poverty, and the on going high cost of living for the ordinary citizen?
There you go Mr Simpson. Some stuff to get the conversation happening.
Sa rauta na tagi lasulasu tiko and get on with the job that you profess to be doing for the people of Fiji.
Justice Lewis appears to be a man of principle and integrity. Yes, he did make comments regarding Rabukas testimony yesterday which were quite odd given the scope and secrecy of the enquiry.
I guess Fiji has to trust that he will remain strong and resilient under the huge political pressure that could come his way should his findings find Mali2 appointment to have been a rotten mess from the start.
Apart from that we will forever live under the shadow, the curse, of what transpired in this secret enquiry.
Let’s hope that when the TRC comes up, people from all walks of life in Fiji should be prepared to ask the hard and the tough questions that our special press in Fiji is afraid to ask.
Let’s see what Rabuka will come up with 🤔. Not holding my breath…
It smacks of a cover-up, where the various parties have something to hide and fear what may happen when things hit the fan.
But the allegations are already in the public sphere, so secrecy around the proceedings and selective release of findings raises suspicion.
Nothing to hide? The inquiry provides an opportunity to clear the air. Let justice be done, and most important, be seen to be done.
Anything less and buying for time will only make matters worse.
This Govt is already on the nose due to MPs voting themselves huge pay increases, not doing enough to fix big problems and suspect behaviour of some ministers who should be beyond reproach. The impression the public have is that Opposition MPs have been bought by the Govt.
Removing transparency on this matter will only add to suspicion and distrust.
If the media in Fiji has been fair and not compromised, perhaps the Commission of Inquiry would not have been held in secrecy. There would have been pressure from the media to open it to media and the public. But the lame Fiji Media is the appeaser of the Coalition government and will not say anything negative about the government.
The opposition leader’s stand is also confusing. He should have made a point that the inquiry should have been open to the media and the public well before it started. Inia has failed miserably in upholding the basic tenets of how such inquiries should be conducted. Inia is a member of COC, and he must put his points across strongly. I only hope he is able to attend the full inquiry. He will be the only person apart from the bench to relate the truth about the proceedings of the inquiry.
The idea of getting an overseas judge for the inquiry is defeated when there is no way of knowing how the proceedings were conducted and whether the findings are fair.
And when you have a president who is an ex- convict and totally aligned to Rabuka, what do we expect?
While Naisa Koroi’s piece in Fiji Sun is valid, isn’t it too late? Where were they when we were informed that the inquiry will not be open to media and public? They should have raised the pressure then and objected. The public would have supported them.
So let’s cross our fingers and hope that the investigation report, like court judgments, is made public. Much also depends on how the President handles Pryde’s case.
One lingering question: who made the decision that the inquiry will be in camera – is it the judge or was a directive from the Government?
Inia Seruiratu, our opposition leader, is starting to resemble King Louis XVI—all comfort and no courage!
And increasing in girth too!
Must be all that red wine and Wagyu beef he scoffed upon during his Fiji First days.
Aiyaz’s take on the President refusing to publish the Tribunal’s findings.
Rabuka saying ” I did my part”!!
What’s changed since 1987??
I’ve got no idea about these things, but when reading through the witness list, and knowing how investigations are typically carried out in a workplace, could the requirement for “secrecy” / “in camera” be because they want to be able to probe witnesses without them being privy to what her witnesses have said? It appears there is a deliberate order to the witness list.
Having said that, still doesn’t justify why the findings won’t be published. That’s definitely a stretch and smacks of a cover-up.