We can be sure that there is shock and consternation on the part of everyone from the Chief Justice, Salesi Temo, down at the news that the Prime Minister, Sitiveni Rabuka, is appealing Justice Dane Tuiqereqere’s decision to quash the findings of the Ashton-Lewis Commission of Inquiry into the appointment of Barbara Malimali as Acting FICAC Commissioner.
The usual slithering means that it’s not yet clear precisely what form that appeal will take. Rabuka has indicated that he may just be appealing those parts of the judgment that relate to him – the judge’s criticism that he and the President, Ratu Naiqama Lalabalavu, denied Malimali and the other applicants natural justice.
But what about the President, indeed the entire process? As he consults his lawyers about his options, the PM is coming under intense pressure for an appeal against the entire Tuiqereqere judgment, including – as Grubsheet has reported – glaring errors of law.
Some of our own legal sources are telling us that most of the judgment is going to have to be challenged because the Prime Minister will have to appeal the grounds that Tuiqereqere relies on to declare the report null and void. So the core issues can’t be avoided.
In any event, any party to the proceedings can appeal the judgment and that may well eventually include Justice David Ashton-Lewis himself if a wider appeal isn’t pursued by Rabuka. So it isn’t over until the appeal judges sing, including the brace of foreigners listed below. And as the PM suggests, it may even end up in the Supreme Court – Fiji’s highest.
While he had the power to appoint Tuiqereqere to hear the Malimali case in the High Court, the Chief Justice doesn’t have control of the Court of Appeal, which will now hear whatever case the Prime Minister brings.
It has its own President – Justice Isikeli Mataitoga – who will choose a panel of judges to hear the PM’s appeal who don’t owe anything to Temo. Which is why a wave of fear will be sweeping the ranks of those, including Temo, who were adversely named by Justice Ashton-Lewis in his CoI Report.
In the case of Temo, it was an allegation of perjury and perverting and obstructing the course of justice. The CJ thought all that was behind him when the man he handpicked for the Malimali case, Dane Tuiqereqere, declared the CoI null and void. It ain’t null and void now. Far from it. And depending on how the skittles fall, the same goes for everyone else, including Malimali herself and the President of the Fiji Law Society, Wylie Clarke.
The Prime Minister is staking not only his reputation but his job on winning his action, saying that he will resign if he loses. He has faced down much of the iTaukei establishment, including the likes of Ro Naulu Mataitini (see previous article) and his own deputy, Manoa Kamikamica, who will also be acutely worried about the implications of the Tuiqereqere decision being overturned.
We await more details and clarification of precisely what the scope of the appeal will be. But it is an astonishing development and especially with the election looming. More analysis in due course.
UPDATE TUESDAY AM : The shock of the PM’s announcement is reflected on today’s Fiji Times front page in the form of an exclamation mark against the story:
Why the surprise at the Fiji Times? Maybe because it has embraced the Tuiqereqere judgment with such alacrity – giving it another front page today and on a subject it had already covered four days ago.
This was the Fiji Times on Friday…
And here it is again on the front page this morning – which tells us that at the very least, the Fiji Times is intent on labouring the point.
As we’ve already reported, according to Justice David Ashton-Lewis , the “crocodiles” comment wasn’t his but the Prime Minister’s when he asked him to conduct the Commission of Inquiry in the first place. So maybe the Fiji Times has resurrected this angle specifically to go with news of the Rabuka appeal, with the exclamation mark carrying the message: “And after all this, he’s going to appeal!”
Ah, the good old Fiji Fishwrapper. Anywhere else in the world of newspapers, exclamation marks are reserved for the most earth-shattering events…
But not at Butt Street …
Now for some less hysterical coverage.
The pool of judges available to hear the PM’s appeal…
And finally, the extent to which the Fiji Times is lionising Manoa Kamikamica is glaringly obvious from its interview with the reinstated Deputy Prime Minister, which it has raided for repeated stories in recent days.
Watch as Mr Sweet enters the room at the Fiji Times and is greeted by its Editor-in-Chief, Fred Wesley, as if he is already prime minister.
Oh yes, the perfunctory expressions of loyalty to Sitiveni Rabuka are there but Manoa Kamikamica is behaving as if he already holds the top job. And is being treated as such.
All the judges of the Fiji Court of Appeal seems to be vulagis. That is not right in the eyes of most Fijians. They believe that Fijians should be the judge of their own destiny and not be determined by vulagis. So the discredited CJ Temo must be livid.
But I reckon the PM and the President should resign immediately and not wait for the outcome of the appeal. Simply because they both are incompetent, senile and a waste of space. They have already done a lot of damage to Fiji. They should not be in their positions one more minute, I believe.
99.9% of Fijians don’t have a clue.
When two Fijians have a disagreement, they will thank God and the fact Fiji has some vulagi’s to judge vulagi law and come to a unbiased, fair decision.
CJ Temo is the justification for having vulagi judges.
D Tuiqereqere is the justification for having vulagi judges.
What’s the alternative, Cakobau’s Club.
Why do you think they cancelled the COI? It was brought down by a vulagi judge. I know because that is what the locals tell me. They do not wish Fiji’s destiny to be determined by vulagis. That is a fact. When I ask about the vulagi religion and a vulagi God….. silence.
And all this has nothing to do with fairness and justice. It is all about right wing idiots keeping power. From the GCC to the corrupt judiciary and a corrupt government, and all this has been allowed under the watch of the PM. He obviously also wants the same, but allowing the crooks a free hand so far will come back to bite him immensely very soon.
Rambo has “no other way” but to appeal. He most probably will be f**ked if he doesn’t. Right now the best way out for him is to prolong the process by appealing and then hoping to win the election somehow, cling onto power and then cast his evil influence on the courts on the future after he regains complete power again.
Well at least that’s what he thinks is the best option at the moment.
In the process though he unsurprisingly lies once again to the Fijian public by saying he only gets legal advice from the incompetent AG and the SG who he has been trying to get rid off for some time. He also lies by suggesting the two idiots or Simione Valenitabua may have given him advice on the coi outcome issue relating to the unceremonious and embarrassing firing of Graham leung and Babs. You see this is rambaku…he will throw anyone under the bus.
The advice he got on the issue of firing Graham, possibly Babs and a few other choice pieces of absolutely pathetic legal advice came from none other then Nouzab Fareed’s incompetent piss weak lawyer in the form of Hamendra Nagin of Sherani and co.
Btw..Nagin means snake…so buka is in good company. Two snakes slithering over each other!!…ewww!
I digress.
Anyway…that’s the reason why the media recently got wind of the news that Buka’s good friend Nagin the snake could be in the running for the AG’s position. Buka instead of denying this rumour.. simply said..”not yet”.
So what? He will be considered for the AGs position at a later date?
There’s more happening behind the scenes then most of us know.
Meanwhile Nagin like his NFP friend in Baiman, who is most definitely going to get done by Rabuka’s dubious plan, is playing all sides pretending he’s neutral.
It will interesting to see how Temo and his gang react to this Rambo appeal endeavour.
Oh what a web has been weaved since the new chaotic coalition came to power.
But like I always say to those who complain about this cabal…who did you support and not support in the last elections?
We, the people and tax payers of Fiji would like to know why a tax holiday was granted to a foreign owned extractive corporation.
Immediate action for the new governement:
1. Cost of living
2. Tax holiday and other bad governance
3. Sort out tourism industry as getting too hard taxed.
Has anyone come across this:
https://www.sbs.com.au/news/article/fiji-israel-lost-tribe-guiding-foreign-policy/4pndfmwzp
Makes me wonder if the Jews were cannibals in the old days.
F-I-J-I – Father of Israel Jewish Islands. I have also seen it as First Israel Jewish Islands.
Interestingly, many in Fiji believe this rubbish and teach it in their talatala.
I think there are many prominent lawyers in Fiji who swear by this rubbish.
This is most likely why not only the judiciary is stuffed, but the whole country is stuffed. Too much pretending to be what you are clearly not and will never be.
Hey look! No more crutches!
Is he appealing or ‘considering’ an appeal?
The reality is the man cannot be trusted. Right from the time he was elected and when he made a statement supporting Japan on the Fukushima nuclear release and his secret undertaking with Australia under the guise of Vuvale to compromise Fiji’s independence and sovereignty, he has been consistent for his inconsistencies.
Let us not forget his undertaking to the people of Fiji to right the excesses under the previous regime. All he has succeeded in doing is to divide the country and make the minorities feel unwanted resulting in mass exodus of skills. He has propelled ethnonationalism, militarisation and racial prejudice to new heights.
He has betrayed ‘trust’ – the most important attribute of any leader, and will pay the price at the next election. There are no second chances Mr Rabuka.
Believe anything he tries to say at your peril.
PM has trotted out the tantalizing resignation card twice this year .
He invokes resignation as a demonstration of accountability without actually placing his position at risk . A one trick pony , look like you are making the right noise around accountability and the show rolls on .
Fiji is on a dangerous slippery slope of legal processes exacerbated by politicised judiciary. Everyone has an interest to protect or axe to grind.
Unless independent and vulagi judiciary comes in, the circus will go on. All COIs are appointed because there is a suspicion of wrongdoing. In other words..it starts with a bias.
COIs findings were to be further investigated by Police and DPP…not discredited so that further investigation is prevented. Rabuka must appeal.