It took 12 days for the Head of the Judicial Services Commission – the Acting Chief Justice, Salesi Temo – to finally advise the President to remove the illegal Acting DPP, John Rabuku, after three Supreme Court judges stated the bleeding obvious – that Rabuku’s appointment last October was unconstitutional because he had been found guilty and punished for professional misconduct.
That in itself is cause for grave public concern. Because the delay in removing Rabuku compromised the position of the new Attorney General, Graham Leung, – the chief law officer of the state – who called for Rabuku to do the honourable thing and resign and was humiliatingly rebuffed.
The manner in which the Acting DPP slapped down the AG, telling him publicly that he was not entitled to call for his resignation, merely confirmed in a great many minds that John Rabuku is unfit for public office of any kind. So it has triggered astonishment in legal circles that Salesi Temo, wearing his hat as Chair of the JSC , not only took his time to advise the President to remove Rabuku but has sought his advice on who his replacement should be.
In both newspapers today, John Rabuku – who ceased to be Acting AG at midnight – said he had put forward certain names, including two individuals who have been mired in controversy for their conduct in the courts and are demonstrably inexperienced. Yet leaving aside the merits of those Rabuku has nominated, why on earth would the JSC ask someone who was being dismissed for his opinion about anything?
The only plausible answer is that having appointed John Rabuku in the first place in violation of the Constitution, Salesi Temo was extremely reluctant to remove him. It is clear the Acting CJ thinks Rabuku did nothing wrong – that the Constitutional provision that barred him from being Acting DPP was not something he was inclined to take any notice of at all. It was only when the three Supreme Court judges pronounced that he was ineligible that Salesi Temo did anything. And it took him nearly two weeks to do it.
The Acting CJ made it plain in public comments last week that he answers to no-one. Not the Prime Minister, not the Attorney General, no-one. That may be his attitude. But it does not excuse him from the absolute requirement to uphold the rule of law. And unfortunately Salesi Temo has a history of violating the Constitution and behaving in a highhanded manner that is totally incompatible with the exalted position he holds at the apex of the judiciary.
For the Acting Chief Justice to seek the opinion of a man who is being forcibly removed as Acting DPP because Salesi Temo ignored the Constitutional prohibition on him taking the job is yet another glaring lack of judgment. There are plenty of other people the Judicial Services Commission can consult. And the message that Salesi Temo has sent to the community is that John Rabuku is a person who is still in good standing when he is not. He has been removed from high office in disgrace because he should never have been appointed in the first place. His appointment by Justice Temo was unlawful because he has been found guilty of professional misconduct. So what parallel universe does the Acting Chief Justice inhabit?
And on the subject of the appointment of another Acting DPP, what has The Judicial Services Commission done to set a date for the judicial tribunal hearing into the allegations of misbehaviour against the substantive DPP, Christopher Pryde? Incredibly, it is now 15 months since Pryde was suspended for alleged misbehaviour for being photographed with Aiyaz Sayed-Khaiyum but he still hasn’t had his day in court. It is yet another violation of the Constitution by Salesi Temo and it is unacceptable.
Incidentally, it’s not as if the JSC headed by Justice Temo is doing its job effectively. Today’s Fiji Times reports comments by the Attorney General, Graham Leung, that are deeply worrying about delays in the courts and confirm what many Fijians have long suspected – that the wheels of justice in Fiji are turning a lot slower than they should be. (see below)
Salesi Temo is wrong. He IS accountable to the State to do his job properly. And given what is happening in the criminal justice system under his watch, it is high time for him to be taken to task – in the local parlance – and brought to account.
You can’t take the village out of the man.
I sense more scandals are afoot.
John Rabuku would reappear in another substantive post, possibly an international gig with a foreign embassy.
Trust me, Rabuka is not going to see his fellow relative and villager from Drekeniwai exiting without a job.
So true. Relationship and relative’s are more important in pap party. Look like we all are riding the old horse. See Uncle Hon. Siromi Turaga got Chief Justice old retired Temo and later his pet showiesboys enter the podium with golden shackles Ropate Green and Tomasi bringing along Rabuku. This is Fiji not Vanuatu. Indian start looking elsewhere. Rabuku is destined for vale in po. All Useless lawyer and safari deserters. Look like this coating the sugar.
“The strategic direction, vision and goals of the office of the DPP”. These are known to the individuals within the office that Rabuku has recommended.
What are these (unique) visionary goals ? To achieve Rabuku’s nationalist ethnic staffing appointments, to single mindedly hunt down his enemies and achieve conviction and prison terms at all cost!
Again men all over doing silly cowboy men things.
A corrupt government with a corrupt legal upper people.
Who employed Temo?
These are very worrying times.
What happens to all the cases that Rabuku signed off on? Do people have the right to rehearing?
A total mess and nothing new under Rabuka’s leadership where the elite racist extreme I-taukei flourish.
They will get it right sooner or later.
It’s just like they are sitting exams and not getting good marks.
Some answers are good and some are not.
Fail ,pass ,fail ,pass situation here.
Their learning through experience.
“Don’t worry about a thing, cause every little things gonna be alright.”
Too many commentators and legal advisors.
2013 constitution where the buck stops
Vague document drafted by idiot’s.
Prisons are getting so full that judges are giving second chance.
Every person should be given chance to be adopted by the society.
There may be some where they can’t but case by case.
Hope Rabuku has learnt his lesson.
From the Judiciary website:
“The Head of the Judiciary is the Honorable Chief Justice. The Chief Magistrate heads the Magistracy and the Small Claims Tribunal while the Chief Registrar is the Chief Accounting Officer of Judicial Department and heads the Court Support Staff or the non-judicial officers.”
HE the President, well done with the ex-A/DPP Rabuku’s long overdue removal. But 2 chiefs are still hanging in there, discrediting the Judiciary and your high office. They are A/CJ Temo and CR Bainivalu, who are so damaging to Fiji’s global image. Please act similarly on them, replacing them with literally Honourable Judicial Officers, so Investment Fiji can be telling the truth about law and order in the country when fishing for foreign investment that AG is also referring to.
I guess there are no Indians or “visitors” suitable for the job.
Maybe they can surprise us!!!!!
Only the DPP, validly appointed, can exercise the powers of the DPP. John’s appointment was not valid. He therefore could not exercise the powers of DPP – which include sanctioning of charges, appeals, withdrawing charges, consolidating charges and staffing matters. The Constitution empowers the DPP to appoint Assistant DPPs and all other employees that are required within the ODPP. Nancy Tikoisuva was appointed Consultant and later Assistant DPP by John. She cannot qualify. Her contract is void ab initio, just like John’s. Madanavosa was also promoted by John. She can now return to her earlier post.
The fish rots from the head. All this would not have happened but for Siromi Turaga as AG.