The “crocodiles” who the Prime Minister, Sitiveni Rabuka, wanted cleared from the pond when he commissioned the Supreme Court Judge, Justice David Ashton-Lewis, to carry out his inquiry into the Malimali Affair are poised for victory as the corrupt Chief Justice, Salesi Temo, appoints a High Court judge to hear his own application for a judicial review to quash the COI’s findings altogether.
The person Temo has chosen is Justice Dane Tuiqereqere, who just happens to also be conducting a now simultaneous judicial review into the circumstances of Barbara Malimali‘s dismissal as FICAC Commissioner and her application to be reinstated.
It is yet to fully dawn on the Fijian people that if Salesi Temo succeeds in getting Justice Tuiqereqere to declare the entire COI null and void that not only will the Chief Justice get to keep his job but Barbara Malimali will be back anyway. Her own case will be superseded by a wider ruling that none of the contents of the 681-page Supreme Court COI report has any legal status.
That leaves open the prospect of Sitiveni Rabuka being humiliated, the rest of us aghast at the millions wasted on an Inquiry he alone commissioned and the “crocodiles” he asked David Ashton-Lewis to expose sporting the widest of grins. They will have won and the Prime Minister – and the nation – will have lost. Though he arguably deserves to lose because of his repeated strategic blunders while the Fijian people most certainly do not.
This looming disaster includes not only the prospect of Salesi Temo and his drink-driving Chief Registrar, Tomasi Bainivalu, succeeding in getting the COI allegations against them sensationally set aside. It would mean that Barbara Malimali is still the legitimate corruption watchdog. And it would also presumably mean the reinstatement of Graham Leung as attorney general.
Even more disturbing for any Fijian who sided with the Prime Minister in wanting to see the “crocodiles” brought to account and an end to the widespread corruption the COI exposed is that the whole lot would be junked. Its recommendations have triggered a string of police investigations into some of the nation’s most important people. And if those recommendations are declared null and void, where does that leave those investigations? The possibility of having no legal status.
It is an appalling prospect and it is all down to one man – Salesi Temo – who sits at the pinnacle of the criminal justice system as Chief Justice yet in a shocking conflict of interest, has appointed a judge who reports to him to quash the specific COI findings against Temo of perjury and obstructing and perverting the course of justice. Plus everything else in the landmark COI Report.
Let’s be quite clear about what has happened here. Salesi Temo has handpicked Justice Dane Tuiqereqere to hear his own judicial review application. Temo is head of the Judicial Services Commission and that is in his power. But it is a blatant travesty of justice – someone accused of wrongdoing, of serious criminal conduct, having the right to choose the individual who will determine his own case.
We simply don’t know the true nature of the personal relationship between Salesi Temo and Dane Tuiqereqere. But it’s a fair bet that when Temo has handpicked Tuiqereqere to hear his own judicial review application that he is pretty sure that the Judge will deliver an outcome in his favour. Even if Tuiqereqere plays a straight bat, the appearance is of a game that is rigged – a Chief Justice accused of perverting the course of justice able to choose the referee in a manner that is open to no other citizen.
Whatever happens, we can be sure that Fijian taxpayers will be picking up the tab for it all. And that is a direct result of the refusal by the Prime Minister and the President, Ratu Naiqama Lalabalavu, to do what they should have done right from the start – to do their constitutional duty and suspend Salesi Temo and set up a tribunal of judges to try him for misbehaviour.
Temo could have still appealed the COI findings against him but like Barbara Malimali, he would have been doing so as a private citizen and paying his own legal bills. As it is, this is Salesi Temo and Tomasi Bainivalu using the umbrella of the JSC to challenge the COI Report and doing so on the public purse. It is an outrage, the blame for which rests entirely on the Prime Minister and the President.
Even now, it is open to them to suspend Temo, as they should have done all along. It is astonishing that since the COI Report was handed to them on May 1, Rabuka and Lalabalavu saw fit to have a Chief Justice presiding not only over individual criminal cases but the entire judicial system when he was accused of criminal conduct himself.
It is a scandal unprecedented in Fijian legal history and is sapping public confidence in the most important office of state in any democracy – the judiciary. Yet that is the result of the Prime Minister and the President’s misplaced allegiances – not to the national interest but in the case of Sitiveni Rabuka, to the wishes of his chief and in the case of Ratu Naiqama, to his old friend and relative – good old Salesi.
So what happens now? At Temo’s instigation, Justice Tuiqereqere will hear the application for a judicial review to quash the COI altogether – the Chief Justice trying to upend a Supreme Court Commission of Inquiry that was legally constituted and has uncovered widespread wrongdoing at the heart of the state. The entire notion beggars belief but that’s where the Coalition government has led us.
Grubsheet understands that Temo’s lawyer, Isireli Fa, has served the necessary papers on the defendants in the case. The first is to the “Commission of Inquiry” – even though it has been formally decommissioned and no longer exists – and those papers have reportedly gone to Janet Mason, the former counsel assisting the Commission.
The second is to the “Attorney General” even though the then attorney general, Graham Leung, has gone and it is Siromi Turaga who, as Acting Attorney General, has been called as the representative of the government. Incredibly, Siromi Turaga also received an adverse finding by the COI. So the government’s chief legal advisor charged with representing its interests is already hopelessly compromised.
And the third defendant is reportedly Justice David Ashton-Lewis himself, who Grubsheet described during the COI hearings as Fiji’s Obi Wan Kenobi – our only hope – yet has been subjected to an extraordinary campaign of vilification and a formal complaint of fraud by Salesi Temo to the police.
All three parties have now been “served” and at Temo’s instigation, the judicial review process is underway, with a timetable to be set by Justice Tuiqereqere at the first mention. It promises to be one of the most important cases in the nation’s history, with consequences that will reverberate for many years. There are a great many reputations at stake. Yet also at stake is the integrity of our judicial system. And it is vital that the “crocodiles” don’t win.
The Prime Minister – who reportedly returns from New York tomorrow – must ensure that the best legal brains are employed to defend the COI and defend the State. It is his reputation that is also at stake. The prospect of the COI being quashed is a nightmare for the rest of us but that includes Rabuka himself. Because the ultimate responsibility for the millions spent on this exercise rests with him.
If it fails, the PM will not only carry the humiliation of Barbara Malimali and perhaps Graham Leung being reinstated but the blame being laid at his feet for the failure of a decision that he and he alone made to “remove the crocodiles from the pond” only for them to eventually triumph. And that ignominy will follow him all the way to election day and into the history books.
Having failed in his duty to suspend the Chief Justice, Sitiveni Rabuka still has every reason to try to avoid the disaster of having the Commission of Inquiry blow up in his face. Yet as well as protecting himself and the Coalition’s electoral standing, he needs to give the nation an assurance that the State will dedicate all necessary resources to upholding its position in the forthcoming legal showdown.
That means hiring a King’s Counsel from overseas to represent the defendants in this case. We must have the best possible legal mind to face down Salesi Temo and his renewed attempt to obstruct and pervert the course of justice. And if the Prime Minister refuses to do so, we will know conclusively that whatever his motives in setting up the COI in the first place, the “Snake” has since changed sides and ultimately wants the “crocodiles” to win.
Again, what the Commission of Inquiry found against Salesi Temo.
UPDATE SATURDAY AM:
Clearly this is going to be a long and dragged out affair, as Justice Tuiqereqere extends the time frame for any hearing to be held to enable Justice Ashton-Lewis to be personally served with the relevant papers at his home in Queensland.
It is an unmitigated disaster for the Prime Minister and the Coalition, as Justice Tuiqereqere flags than any hearing on the CJ’s application for a judicial review won’t be held until the New Year, when the nation’s attention will be very much on the looming election.
So the first few months of 2026 are going to be consumed in the national consciousness by a blow by blow attempt to derail a Supreme Court Judge’s findings ( David Ashton-Lewis) via a High Court Judge of lesser status ( Dane Tuiqereqere) in the full glare of public hearings and attendant media coverage. (NOTE: The Supreme Court, not the High Court, is Fiji’s highest court)
It is about as bad as it gets for any government going into an election hoping to campaign on a platform of returning the nation to normalcy and governing better than its predecessor. And it is extraordinary that the Prime Minister seems so blissfully unaware of the locomotive bearing down on him and the Coalition as a whole.
What a frigging mess.
You had me at ‘best legal brains’…I choked on my cereal 🤣. You need to have brains in the first place to then get best brains working for you. Does the PM and his chabal of cabinet possess this? I doubt it🤔.
Best legal brains have either left the shores of god’s chosen people to practice their craft in highly robust systems or are in private sector in Fiji. Those in Fiji who are at the top of their game are more favourable to former AG.
What you say here would make sense to educated people in Fiji but the level of understanding and engagement to critique is a miss at grass roots level. People are eagerly awaiting the outcome of Khaiyum-Saneem case and many wanting to see them in Naboro. The same blind eyed majority are too preoccupied to see miscarriage of Fiji’s justice system and a dismal government. Others are fascinated with recent drug raids in Rewa Street and the west.
Generally, the common men and women are busy worrying about putting food on the table for their families or thinking where or how to score their next high (drugs, glue).
So sum total of zero care what happens with CoI.
I was talking about importing a King Counsel from New Zealand or a Senior Counsel from Australia. Not the “best legal brains” in Fiji.
Everyone is a law unto themselves in Fiji. This is, after all, their own country so they are entitled to make their own laws in their own land as they go. All the vulagi systems are not suitable when the country and their citizens are not fully developed from the primitive ways. It has only been a short 150 years or so since the arrival of the vulagi from Britain and from India. 150 years is not a very long time in the annals of evolution. Isn’t that the reality in every aspect of life in Fiji?
So Temo is the current Raging Lion and once upon a time Rabuka (1987) was the raging lion. The indefinate “shades of devil”. Before the raging lion Temo gets out of control Rabuka must rein in and tame the lion and put him in the cage. Otherwise he himself will be on the leash. Put an end to the circus.
So thats it, all fails, Rabuka won’t do anything these people will rule forever until Fiji becomes another Zimbabwe
Judicial coup.
An addition to the extending list of coups in Fiji. Lets see:
– we have military 3 military coups (1987x 2 + 2006) – Rabuka & Bainimarama
– Civilian coup in 2000 – Speight
– Palace coup against Ratu Mara in May 2006 – Bainimarama, Rabuka, Ganilau, Savua etc
-Judicial Coup 2025 – Temo and Bainivalu
So you see, the Immunity Clause in the 2013 Constitution legitimizes coups.
More will follow folks
We will be holding our breath forever, with its own consequences, if we were ever to hope Rabuka will do the right things, legally, morally and ethically.
These are all birds of feather and will stay ‘united’ in the pursuit of the extremist agendas of a Christian state (bereft of Christian principles and values) and marginalising the minorities, especially the Indo-Fijians. He gets a false sense of legitimacy from the likes of Agni, Biman, Charan & Sashi who purport to represent our interest, but as he will soon find out, they do not represent anyone but themselves.
Of course they need the comprised judiciary, legislature, military and the President’s office to do this.
“especially the Indo-Fijians”……yes they are the special people because they are the only ethnic minority group worth considering.
Other ethnic minority groups do not matter.
You wonder why other ethnic monirities are distrustful of the kai India. and will always side with the i’taukei.
There you have it!
And who exactly are these “minorities” who “side with the iTaukei”.
Do you have actual evidence or are just talking through your racist arse as always?
Rabuka also handpicked Ashton-Lewis based on hope he’d achieve the outcome he wanted & that backfired horribly, thus this attempt to review the findings. Despicable but unsurprising.
The nation can only lose when personal connections & tribal politics overpowers proper process & merit based appointments.
The Coalition is merely one big sink hole that keeps sinking to new depths.
The fact of matter is, that no decision has come out yet and you all are beginning to conclude with your clueless assumptions. It’s not right to pre-empt a legal decision until the actual rulings come out.
So in the meantime sit back and relax, don’t put stress on your health.
Take a break and have a kit kat.
No, the “fact of the matter” is a corrupt CJ is using taxpayer money to fund a legal challenge against credible findings of criminality against him and has handpicked a judge to hear his own case. I know weak thinking is a pre-requisite to being a Government supporter these days but surely even you understand the gravity of that?
Vinaka, Ratu Tevita. Brilliant clarity of thought.
I think you will find that the vast majority of people in Fiji do not understand what professional independence means or is. The ingrained prejudice and racism has become so normal that even the likes of the CJ and those in the ODPP have no understanding of the concept. It is the Dunning-Kruger Effect as Anonymous says as people are totally oblivious. They are totally unaware of these things.
Fake till you make is the mantra of the lost tribe ethno-nationalists devout christian itaukei.
The more than fake it the more intelligent they feel. Intelligent as in smart-asses. Fake it til you make it.
Although I have disagreed with a number of your previous posts, I have to agree with you on this one bro.
Come on, how come Laisani never takes a break from pre-empting a legal decision until the actual rulings come out.
Deception is the rule and the best skill for survival right now, it seems. On how this is optimised, we are to understand that there three parts to any applicable magic trick to work…
Basically it’s Show it – you show something normal to the audience so they know it’s real. Change it – you make it do something unexpected or impossible, and Reveal it – you show the surprising result, leaving everyone amazed. Show, change and wow. We are all taken for a ride and thanks GD for tracking this development slowly. About time we have a nemesis to all these contumacious beings.
The best imported legal brains will be of no use if the judge is local and has already predermined the verdict. Isn’t the COI a reminder. The only winners would be the lawyers and their paycheck. And they can update their CV as having represented a foreign govt in a major court case.
I believe any local judge who accepts such an appointment from the CJ needs to have their head checked. Do such judges know about independence, ethics, impartiality and integrity? A CJ who is subject of a finding appointing a judge to dismiss the findings against him is an example of independence the iTaukei way. The reality is the vast majority of Fijians will not see anything wrong with that. It appears, even Judge Dane Tuiqereqere thinks that. Fiji is doomed.
The Commission of Inquiry, tribunals, judicial reviews, and fair conduct of cases against the Coalition government’s political opponents have become a farce in Fiji.
Any findings that go against the Coalition government politicians or their backed officials are instantly undermined.
The most shocking example is the Chief Justice—exposed by the COI for abusing his powers—now has appointed a judge to hear his own bid to strike down the very report that exposes him. This is a conflict of interest and judicial capture.
Fiji has slid into a rogue state where disgraced, sacked, or even previously jailed individuals hold positions of power.
Meanwhile, development partners look the other way, their grants and loans bankrolling a government that is reckless, complacent, and spendthrift.
Development partners look the other way to court Fiji and keep China at bay. Fiji is useful to them in that way. Otherwise we will see Chinese police training Fijians, their military base established in Fiji and infrastructure that they build will be part of loan. If Fiji can’t pay loan then China will take ownership. Just as they have done some African countries, Sri Lanka and some in Indian Oceanic countries
It does not suit Australia and New Zealand and by extension the US to have a strong Chinese presence in the Indo-Pacific. So money given out like lollies to a child to these countries including Fiji.
Heck, even India is now increasing its presence in the Pacific, especially Fiji, to counter China.
This grey zone war is not getting much attention of the public as the world is busy with Russia-Ukraine and Israel-Palestine.
The “Fixes that fail” model aptly describes Prime Minister Sitiveni Rabuka’s appointment of a Commission of Inquiry (COI) to investigate the appointment of the Head of the Fiji Independent Commission Against Corruption (FICAC).
It starts with the COI mandate to resolve issues around Barbara Malimali’s appointment by appointing trusted individuals—Rabuka’s Butt St church friend and Supreme Court Judge Justice Ashton Lewis to head the COI, and coalition partner SODELPA’s legal advisor Janet Mason as Counsel Assisting.
This Commission was meant as a fix to restore credibility and transparency in the appointment process. However, unintended consequences soon arose, illustrating classic “fixes that fail.”
First, Barbara Malimali took the government to court challenging her suspension, that instead intensified the controversy and legal battles rather than resolving the underlying governance issues. Second, a Chief Justice identified by the COI for removal is now spending taxpayer money to legally challenge findings against him and has handpicked a judge to hear his case, effectively undermining judicial integrity.
These consequences are delayed feedbacks that worsen and complicate the original problem, leading to repeated attempts to fix symptoms rather than addressing root causes.
This ongoing saga points to a systemic problem of weak leadership: a Prime Minister and an enfeebled-minded President surrounded by incompetent advisors.
They remain in these roles not because of merit but due to the electorate’s Dunning-Kruger effect, meaning the electorate’s limited political knowledge and competence leads them to overestimate their ability to assess the issue properly, inadvertently enabling unsuitable individuals to continue to hold government office.
In this context, the electorate’s overconfidence caused by the Dunning-Kruger effect helps explain why inadequate leadership persists, resulting in recurring governance crises rather than principled solutions
The term “Dunning-Kruger ” effect has overtaken ” Fly Now Pay Later ” as my favourite phrase in recent common usage. And maybe COI – Commission of Inquiry.
Brilliant.
Too stupid to realize one is stupid.
One of the wisest philosophers Socrates said ” I know nothing”…he was not a stupid man.
This endless legal chaos fits in well with the Coalition Government model. No accountability, no transparency and certainly no regard for the law or due process. Racism is imbued into all aspects of life and greatly amplified on social media while Rabuka makes it clear that his Fiji for Fijians read Itaukei, chant gets louder and louder. Any sane analysis by impartial Itaukei will see the void that this creates for a future Fiji. But then sanity is even less common in Noqu Viti than common sense.