It is now five days since three Supreme Court judges told the Acting Chief Justice, Salesi Temo, that he was wrong to appoint John Rabuku Acting DPP because Rabuku was found guilty of professional misconduct and punished by the Independent Legal Services Commission and his appointment violates the Constitution.
Both the current Attorney General, Graham Leung, and Leung’s predecessor, Siromi Turaga, have told the local media that any announcement about John Rabuku’s future must come from Salesi Temo wearing his hat as Head of the Judicial Services Commission. But as we approach the 124 hour mark after the Supreme Court ruling, there is silence from His Lordship.
It isn’t good enough. Salesi Temo made an unlawful appointment that the Fiji Law Society says calls into question any decision that John Rabuku has made since he was appointed Acting DPP last October. The work of the ODPP has effectively ground to a halt because every prosecution that passes over John Rabuku’s desk is being compromised.
Why is it taking so long for the Acting CJ and Head of the JSC to respond? Does he regard the Supreme Court ruling as merely an “opinion” that was sought by the Cabinet that he can disagree with? Does he intend to ignore it and keep John Rabuku in place?
These are legitimate questions that will not be asked by the mainstream media in Fiji. They are cowered by the threat of punishment at the hands of the mercurial Justice Temo, who also violated the Constitution by threatening to sool the police onto the Resident Magistrate, Seini Puamau, when she didn’t do what he demanded of her in the sentencing of Frank Bainimarama and Sitiveni Qiliho.
The more Salesi Temo delays in making the decision to remove John Rabuku as Acting DPP, the more it calls into question his own fitness to remain at the apex of the judiciary.
- He is a renegade judge who has become an outlaw through his disregard for the Constitution, the supreme law.
- He has compromised the criminal justice system with a reckless disregard for his own constitutional duty to uphold the law.
- And if he is not prepared to act speedily and decisively to acknowledge his own error of judgment in appointing a chief prosecutor who three Supreme Courts judges have ruled is “ineligible” to hold the position, Justice Temo must be forcibly removed.
Salesi Temo has brought the judiciary and the entire criminal justice system into disrepute. And every hour that passes merely reinforces the urgency of replacing him as Acting Chief Justice.
His capriciousness and demonstrable lack of judgment has gone on for too long. And in the interests of upholding public confidence in the judiciary and in the wider national interest, he must go.
WEDNESDAY UPDATE:
Anyone with honour would resign after such a devastating finding. But John Rabuku tells Wednesday’s Fiji Sun he won’t be resigning. He compounds his professional misconduct as a lawyer with a total lack of respect for the institution of state he now occupies unlawfully.
That means John Rabuku must be sacked. And the longer this travesty goes on, the more damage it is doing to the criminal justice system and the Coalition’s political standing.
They’re playing the limbo rock, according to the front page of Wednesday’s Fiji Times.
POSTSCRIPT:
A sharp-eyed reader points out that Justice Temo was up at State House with the President on Monday (July 1) for the swearing in of a new judge in the Court of Appeal. Did they discuss John Rabuku? If they didn’t, they should have.
The spotlight will also fall on the conduct of the President unless Rabuku goes and goes quickly. Because the Acting DPP’s appointment is UNLAWFUL.
I say it again, this is Fiji. Things here are done differently. Fiji and Fijians are special people. They are God’s gift to humanity. Even though they were eating each other only 150 years ago, now they are the bastion of civilisation and do things the way it should be done – the right and proper way!!! Just ask the immediate former AG.
All because they are now God’s chosen people and they have just been realising that they are now really Israelites living in the Pacific.
So, whatever the Acting CJ does or does not do will be the correct way!
In fact, whatever the nutcase PM does or does not do is the corrcet path. That is because they are God’s people. They have a special dispensation. Haven’t you realised in the last 19 months?
Agree a 100%! Vulagis must keep your beaks out of matters concerning the dakuwaqa and degei’s chosen people. Vulagis butt out and pay your taxes. End of.
Agree with you both. This is Fiji and we do things our special and unique way, and we the chosen ones simply can’t stay away from the Vulagi law breakers. Engage with them for our mutual benefits. And this is our distinctive way of helping maintain the iTaukei and Christian prison populations.
https://www.fijivillage.com/news/11-Corrections-Officers-suspended-for-receiving-free-meals-and-groceries-from-Grace-Road-businesses-r54f8x/
No joke some people in Fiji, depending on how deep they can go back. Legitimately believe they are from a lost tribe of Israel. Also different provinces can be parts of the different tribes of Israel. Stay Vulagi and stay Humble. Grace Road look out we are OG Israelites.
This whole lost tribe of Israel thing is pure bullshit. Native Fijians – a lost tribe of Israel? What a joke.
Alternately the BUCKS STOPS with the PRIME MINISTER. He is accountable to everything happening in the government. If he is silent, this means he is part of this. If this continues then it is very clear that the LAW AND ORDER is compromised. It is time for the Commander of the Millitary to step in. If he can’t step in then GOD HELP FIJI.
DPP is part of the judiciary and not the executive. So this has to come from the Acting CJ. Instead of waiting, the Acting DPP should resign? What is he waiting for?
In normal circumstances the Acting DPP would have resigned immediately. But Like I have said, this is Fiji. People here have special dispensation. I am not sure who were the judges in that court panel, but the Acting DPP is known to not have a very high regard for vulagi people, including vulagi judges. So I do not think he will be resigning because he is special. I am not saying it. He thinks so.
The military is watching every move from delai nabua. Be careful of the writing on the wall. We cannot only throw ping pong pussy temo and jing Kong gay Rabuku out. We can install new king kong junta military Government.
Our eyes and ears are on our people and we will ascend when the need arise.
From military camp we want totally unbiased chief justice attorney general chief solicitor and registrar. All kaput oldies out you go.👁👁👁👁👁👁👁👁
Ben. Please hurry up. Some of us have have been grieving since the installment of this crazy coalition govt and have lost count of the Constitutional breaches. Some of us don’t have the money to leave this damn country. Wake the men up. Make it happen.
The A/CJ decision to appoint has been proven to be wrong by Fiji’s HIghest Court.
Will the Acting CJ now act probably not!
He is, it seems, as he has not acted, of a believe that as it’s only an opinion and therefore he is not obliged to act?
This would be of concern to many who have investments and interests in Fiji and suggest that there is no certainty in the decisions of the legal system and its judicial officers when the A/CJ ignores the finding of the Highest Court.
It would confirm the view of many in Fiji and in the wider legal community of the Pacific that he is so arrogant when it comes to being found to be wrong, he will refuse to accept the finding.
The President of Fiji needs to act on this man show him that he is not beyond being removed.
What I cannot understand is why everybody is pushing the buck on others. Rabuku is waiting on JSC to make a decision. The President who appointed Rabuku is waiting on JSC too. JSC is waiting on Temo. The President’s Office has knowledge of the Supreme Court Opinion. The President as the DPP’s Appointing Authority should act on the Supreme Court’s Opinion and revoke Rabuku’s appointment. He does not need to wait on JSC to advise him on this. JSC’s earlier advice for Rabuku’s appointment was wrong! JSC’s desperate arguments in favour of Rabuku’s appointment during the Supreme Court hearing were also wrong and shot down by the Court. The President now needs to act on the Opinion and simply revoke the appointment. His Office should be advising him on this. What rubbish.
Bainimarama and Qiliho suffered at the hands of Rabuku and Temo. Speedy trials, speedy appeals, even more speedy sentencing, TWICE, after they were both acquitted and later had their convictions discharged. With Rabuku as DPP and Temo as CJ, their mandates were clear. Put the 2 men in prison. No other accused person has had the same fate as Bainimarama and Qiliho. Their prosecutions were completely politically motivated and this has been noted by EVERYBODY in this God forsaken country. Bring them out already!
Well said. Speedy is the word. The big wigs and the wheels of justice moving like never before.
No Fiji Time for Qiliho and Bainimarama. They may as well have skipped the hassle of court and gone straight to the cuffs.
We are paying dearly for this depraved level governing.
Hopefully the lesson is learned for 2026 if we make it.
The DPP didn’t send Bai and Qiliho to jail, the magistrate/judge did. They will stay locked up until their appeal is heard.
The Supreme Court issued an opinion to Cabinet, not an order. Whoever wants speedy action, lodge a challenge in Court about the DPP ‘s appointment and spend your money to get things moving. At least the result is more or less looking favorable. Maybe ask Devanesh and Gul. They might need the cash as Bai and Kai probably haven’t paid their bills yet.
The President and the Army will stay quiet. Both of them got a big pay rise
It’s just a joke
There is no future for Fiji when CRIMINALS are running it. Who will invest in the Country?
The Acting Chief Justice should resign as he biased. Together with Rabuku and Turaga, their goal has been to put Bainimarama, Qhilio and ASK to prision.
Playing with the law of the land is their new forte.
Throw them out now. Temo included.
https://fijisun.com.fj/2024/07/02/heath-appointed-justice-of-appeal/?fbclid=IwZXh0bgNhZW0CMTEAAR3JVwJsjwCU7nCjz8ONVPYhyqDbcyEeT5gMK__60N0MTR-KfCnDbp9DkPk_aem_dG_05agaUiEcXkKRPWnTTw
So Temo was with the President yesterday and JSC approved the appointment of another Judge. Why hasn’t Rabuku’s appointment been revoked by the President then? WHAT ARE THEY WAITING FOR? I suspect they’re working on imposing some law that allows Rabuku’s decisions to stand. Shady shady shady!
Graham said what now?! EXCUSE ME the JSC is not subject to control but it does have to follow written law! This includes the supreme law of the land and the opinion of the Supreme Court! What is Graham saying? Are he and Temo firing the 3 Judges that delivered the Opinion? The President HAS to revoke the appointment. Don’t wait for JSC. It gave you flawed advice to begin with! Bloody shameless thug this guy Rabuku. And Temo!
We don’t like the 2013 constitution, so we are not bound by anything in it or anyone’s Opinion regarding it!
We have a Great(er) Council that we follow the Opinions of.
Then there is no law at all except the law of the jungle in which the strong prey on the weak. With attitudes like this, Fiji is already regressing back into a dark age. You are already eating each other again figuratively. It’s just that you are too stupid to realise it.
Now someone has said something, publicly. The Attorney General.
Social media announcement re Acting DPP.
Looks like we need a legal Opinion on what a supreme court’s Opinion means! Wait no, it should be a Supreme Court Ruling on what an Opinion means.
Definition of Opinion. What one thinks but it doesn’t matter what one thinks.
(If you didn’t like my opinion then go find someone who gives you the opinion that you like!)
DPP, Temo, and other Coalition judges are not independent at all. They listen to their master, Rabuka. Rabuka and his cronies control all independent institutions, just like they did after 1987. We are now in a bigger dictatorship than before. The rule of the jungle applies everywhere. There is so much interference in every organization, even the private sector. Soon, FNPF, FDB and the only local bank will require bailouts as coalition supporters asking for loan repayment waivers. No respect for internal processes and contractual agreements.