Answer: Something a number of prominent people who were present at FICAC on September 5, 2024, evidently don’t want revealed. They include the FICAC Commissioner, Barbara Malimali, her then lawyer and President of the Fiji Law Society, Wylie Clarke, and the Chief Registrar, Tomasi Bainivalu, making a rare visit to FICAC on behalf of the then acting chief justice and head of the Judicial Services Commission, Salesi Temo.
The setting was the FICAC offices on the day that Barbara Malimali was parachuted in to take over the corruption watchdog. It was also the day that Barbara Malimali and the others moved in on the former deputy commissioner, Francis Puleiwai, to prevent her from taking action against Malimali for alleged abuse of office as head of the Electoral Commission.
More importantly, it was to prevent Puleiwai carrying out the action she had signalled that she would do that very day – charge the Deputy Prime Minister and leader of the NFP, Biman Prasad, with abuse of office for alleged offences that still haven’t been revealed. Though a range of allegations against Biman Prasad have been aired by Victor Lal on Fijileaks.
We already know from Francis Puleiwai that she was subjected to intense pressure by those in the room. She told ABC TV after she fled to Australia that the atmosphere was hostile. With Wylie Clarke acting for Barbara Malimali present, Tomasi Bainivalu – on behalf of Salesi Temo who is now the substantive Chief Justice – told Puleiwai that if she charged Biman Prasad, no court in Fiji would accept anything she put before them.
It was an astonishing attack on the independence of FICAC that is still resonating five months later. Here’s what Francis Puleiwai told the ABC.
At the time, we only had Francis Puleiwai’s verbal account of what had transpired. An untested allegation. But four months later, in January, came another bombshell – that a recording exists of what happened that day taken without the knowledge of the others present by FICAC’s Manager Investigations, Kuliniasi Saumi.
He produced it in evidence to the Ashton-Lewis Commission of Inquiry into the “rotten” circumstances of Barbara Malimali appointment as FICAC Commissioner. And whatever is on that tape has a number of people anxious that it doesn’t see the light of day.
Barbara Malimali herself fired Kuliniasi Saumi for taking it upon himself to make the recording. The drink-driving Tomasi Bainivalu has embarked on a campaign to discredit the Inquiry by attacking its Counsel Assisting, Janet Mason. And Salesi Temo is resisting calls from Justice David Ashton-Lewis to suspend Barbara Malimali as FICAC Commissioner while the investigation proceeds.
Why is the Chief Justice and head of the JSC fighting so hard to keep Malimali in the job? Why is he claiming that he doesn’t have the power to remove her when he clearly does have the authority under Section 44 of the Interpretation Act? Can it have anything to do with what occurred in the FICAC offices on September 5 and what is on that recording?
Whatever the answers to these questions, the recording is now safely in the hands of Justice David Ashton-Lewis. And as today’s Fiji Times reports, it has been formally accepted into evidence at the Inquiry and the die is cast.
What this recording will establish, once and for all, is the truth of what happened at FICAC that day. And it has the potential to blow this nascent scandal wide open.
Does it prove a conspiracy not only to remove Francis Puleiwai but throttle corruption investigations into Barbara Malimali and Biman Prasad? Thanks to Justice Ashton-Lewis, we shall see.
But there’s no doubting the critical importance of the recording. This is what Janet Mason informed Salesi Temo in her letter to him on January 26.
Here’s what Barbara Malmali told her chief investigator in the letter firing him on January 24.
Now it is Barbara Malimali’s job that is on the line, protected only by the continuing refusal by Salesi Temo as head of the JSC to suspend her.
She is striking a pose of nonchalance in comments to today’s Fiji Sun. Incredibly, she dismisses her chief investigator’s termination as “an employment matter”.
Barbara Malmali is only putting on a brave face for as long as she is protected by Salesi Temo and the JSC. Because in her letter to the Chief Justice, Janet Mason laid out in stark detail what could await the FICAC Commissioner for sacking one of the Commission’s witnesses.
Oh dear. Now we await what is on that recording. And whether others may also find themselves on the wrong side of the law.
And another thing. Ask yourself why Salesi Temo is so anxious for Christopher Pryde not to return to Suva as DPP and has threatened to suspend him again? Because it would be Pryde who makes the decision whether to prosecute Barbara Malimali when the current police investigation is completed, not her close friends, Nancy Tikoisuva and John Rabuku, at the ODPP
It is rotten alright. Rotten to the core.
NOTE:
For the original correspondence of the extracts above, see our story on Saturday, February 1. The two mainstream dailies make references today to fresh developments that we reported five days ago. A must read.
Surprisingly the Coalition monkeys Rabuka, Temo, Tomasi, Leung, Wylie the Wanker and others claim that JSC doesn’t have the powers to suspend Kalavo Malimali. Yet, they are doing everything possible to try and keep her in the position by discrediting the COI, terminating Saumi, and rallying to have Mason removed. Why? Because the shit has hit the fan and the stink has become evident. That recording will be the key evidence that might just bring down these sub-developed monkeys.
It’s great to see how these rats, through their own conduct, are self-destructing.
So much shit has hit the fan one can be forgiven for worring the fan is about to fall from the sheer weight of all the shit – as even more BS flies around.
BS and flies- the co-joined twins endemic to Fiji.
This endemic thrill-a-minute shit show is getting more and more fun to watch. Great theatre worthy of the best Greek tragedy.
Couldn’t be happening to a nicer group of people.
One hundred per cent rotten to the core.
Covering everybody including Biman and that protected species Lynda. Once the COI is completed the President will have a headache going through their findings and figuring out what to do. But then can we even trust anybody in this circus?
(President will have a headache going through their findings and figuring out what to do….)
This ‘president’ nor any other have any business trying to figure out what to do with COI report. Zero.
His is a ceremonial role as head of state- kana lotto. Free chow. Mufatiya.
The president’s position has no decision making role in the process once the report is handed in by the COI but to RELEASE the report in full without edits and no omissions. Simple.
No need to make shit up such as “national security,” or “consulting with others” because there is NO requirement to consult with people other than perhaps the AG/SG.
Especially and more particularly no consultation with those implicated in the report.
The idiots involved deliberately carried out those illegal, unlawful, actions as they brazenly
defied constitutional norms with in full view of the public. The basic facts are public knowledge.
All the idiots knew exactly what they were doing. FAFO. SImple.
Stop the lying, deception, and cheating the electorate concerning unlawful behavior of government officials.
The only exception for State House might possibly be to seek the assistance of, or to clarify simple matters, with the esteemed lawyer and Commissioner.
Not the PM, not the president, AG is not the Commissioner. The AG’s been sleeping on the job, or is himself compromised as part of the cabal or wet behind the years. Possibly all of the above.
Nor should there be any need to wait for the ink to dry.
The “Solicitor gGeneral” is in over his head as government’s legal advisor and possible slept through the entire episode and the COI.
Just do the one job you have Mr. President -release the g’damn report in the public interest.
O excuses. That’s the way the cookie crumbles.
It is a coup.
A coup on the judiciary of Fiji.
Nothing less.
It makes one wonder what is really going on behind closed doors.
The country is riddled with corruption. No one can be trusted.
The Truth and Reconciliation agenda is just that. Another feel sorry for people moment with more apologies.
It has dawned on many Fijians how bad Fiji is now.
Those in past and present power are there for themselves and not for the poor.
A very unsafe country overall.
Exactly. Just look at them.
How about some self restraint. Our fellow citizens are struggling to feed our children.
Fiji is not your personal feeding trough to rob and eat from like there is no tomorrow. Your coverups will catch up with you.
How about skipping a meal and seeing what ordinary Fijians go through.
Malimali, soon that smug look will be wiped off your face when the gig is up and you go down. Karma is a bitch.
It is now making sense, regarding Baimaan Prasad, as to why he has not made an audience with the truth speaking Baba “Sri Dhirendra Shastri” also known as “Bageshwar Baba” when Sri Dhirendra Shastri visited Fiji last year.
It is very uncommon to Indian leaders not to miss the opportunity to take blessings from highly spiritual novelties.
Baimaan was fearful that Sri Dhirendra Shastri will spill his truth in front of tens of thousands people present at Prince Charles Park.
The “chor” Baimaan will very soon sell the minority peoples rights which is enshrined in the 2013 constitution
Wasn’t that Baba anchor himself!
The land of kuku’s.
Biman’s, Baba’s, Talatala’s.
Give us a break.
You missing the point, the fear Baimaan had to meet the Baba. Rest immaterial.
Chor is the word. Both chors.
The Rise of the Planet of and Apes part 3….now running live in Fiji.
I am so embarrassed to be a Fijian today.
The hospital has no basic supplies.
Women have no proper maternity care.
Many i-Taukei live in poverty.
Rise in crime.
What does the judiciary do?
Make a complete mockery of our country.
This COI will hopefully reveal it all.
The country’s integrity and whatever is left depends on this COI.
This was also the case the 1987, in the name of “Fiji aspirations”. The snake ruined the beautiful paradise Fiji. All subsequent opportunistic persons, including those GCC members, are slowly selling the indigenous rights.
Both major races are leaving Fiji, and leaving in big numbers daily, which means that soon outsiders will run the country (whether it be an Asian or recent arrived Muslims or their descendants). It will happen starting year 2030.
Isa Mukesh, looks like you have a problem with Muslims.
You don’t even know you are a hypocrite.
Sorry you are missing the point. Fiji has long been a place of peaceful coexistence between its diverse communities, and it’s important to preserve that balance. Ensuring that newcomers respect and adapt to the country’s values and culture, while also addressing any issues that might arise, is crucial to maintaining the harmony that has existed for so long. Integration and mutual respect will be key in preserving the peaceful coexistence of all Fijians.
Isa Wylie
I had thought at one point he was one of the intelligent people in Fiji with a real law degree but here he is representing low life’s of Fiji. Sad that he has to do the dirty work of the Coalition, or does he choose to.
Well Democracy isn’t easy but well worth the fight.
Message to all:
Don’t sell your soul and don’t sell out Fiji.
Has the President terminated his legal advisor/secretary or whatever title was given to that lawyer? Not happy with the advice given which has been against their interest?
Attorney and client discussions are privileged.
Further, recording without consent is illegal in Aust, NZ and Fiji.
If that former investigator doesn’t understand that, he shouldn’t be in that post in the first place. He is an idiot and reminder of the average low intelligence yes men promoted by Bai and Kai.
The NZ$20k a day enquiry is a money making scheme. Now they want to consult a KC. Is that another Kiwi mate to pass some saqamoli to?
This CoI is getting ridiculous.
Yes, of course it is. Why get to the truth? Let’s just go with the usual lasulasu-jhoot, racism and corruption.
Eff off.
You need to get off whatever you’re smoking mate. Or maybe you’ve got your head so far up Rabuka’s arse that you’ve been deprived of oxygen which has resulted in severe brain damage.
Your racist, corrupt, and morally and ethnically deficient coalition masters continue to molest the nation whilst your ministers and racist nationalist appointees in positions of power continue to fu$k their way to top jobs.
It’s normal for “you” people to bend over for anyone to get things done and dance naked to the tune of money and power with no moral standards or any class. The only “yes” people we see are the coalition fu$kwits ready to sell (sometimes even for free) their souls, arse n all for anyone and everyone just to have power, fame, and money.
Saumi is a hero and a brave human being but what’s truly itching your nuts is the fact that he is an itaukei, a common man of faith and morals who stood up against other “elite” and powerful corrupt itaukeis. Thats what your numb brain can’t digest.
It’s time you go undersulu…of those coalition pigs that you suck up to.
It is illegal on the whole to record private conversations without consent. There are however some exceptions, including to “protect lawful interests.”
I’m guessing this is what his Honour decided by accepting the evidence.
Undercover: You fail to understand or you’d ask a more relevant question: how the feck, did we get here and WHY the feck did the clowns get into this sh!t?
See, if we did not have idiots doing idiotic stupid unlawful things, there’d be no need for the COI. Now that we do have to have a COI, the treasonous snake clearly said don’t worry about the money, its there.
Where is “there” is a mystery for another day. Later, jululu.
So Malimali says she’s at the CoI as a Witness and not as a Party. Quote “Remember that people”.
I think this is the first time since the dawn of man and civilization that a witness has a $30,000 legal representation!!!
Barbie, a witness hired a lawyer to the tune of $30,000 from FICAC’s coffers.
Janet Mason, Senior Legal Counsel to COI says her fees would be between $15,000 and $20,000 depending on the complexity of the case . She adds that it’s not a complicated case.
Barbie’s lawyer must be gold plated to be paid a fat fee of 2ce as much. What a huge amount. I guess it matches
There is great expectation of a vast majority of the citizens of Fiji on the COI into the rottenness surrounding the appointment of Mali2.
The expectation is that we will get to know what actually went down in Rabuka and his cohorts fast tracking her appointment.
However, one must not forget that the findings are not legally bound to be made public. So basically we’re not going to be in possession of “damaging information “ once the COI has concluded.
This is the modus operandi of this corrupt government.
Meanwhile somewhere in the dark recesses of the judiciary jungle, Temo is delaying the reinstatement of Pryde back at the ODPP. He is backed by Rabuka, the President, AG, and Minister for Justice, amongst others.
They know that whatever is that smoking gun, it is going to blow up in their faces big time!
What this exposes is that they did not plan, or even get some reliable and accurate legal advice on what they were doing in the first place. The proverbial has hit the fan, the cockroaches are running around scrambling for dark cover, and the Fiji media is enabling all this corrupt behaviour. The military? They couldn’t be bothered.
Anarchy isn’t far off.
As much as it is unimaginable that this lot could be voted back in, there are enough gullible Itaukei voters to ‘give them another chance’. And Itaukeis will continue to suffer the curse of selfishness leadership which is totally self-imposed.
They just want to live miserable lives that’s why they vote for them.
Gullible speaks the truth. Unless I’m gullible.
The curse bit is too true too.
There is another group of adversely impacted inhabitant of a regressing Fiji. These cannot migrate overseas like those citizens who seek a better life from this declining state and are able to move out of Fiji.
These are the innocent domestic animals namely cats and dogs but not excluding the wildlife who enjoy little animal rights and welfare generally, although that had been improving. When a society is decent and civil and prosperous, these domestic animals are generally well looked after and there is greater understanding of animal welfare and veterinary services provisions for these human companions.
Rabuka’s coup which started the downward spiral in Fiji has yet more unrecognized victims if you take a macro viewpoint. For the sake of our children, our people and the innocent animals – the rot has to stop.
May the earth open and swallow up some of our atrocious leaders. If that’s the only way forward.
JSC might not have the authority to suspend Mali2 but definitely can advise/recommend to the President to see her off.
Looks like JSC do not understand the function of a Commission of Inquiry.
I am glad that I left Fiji 25 years ago and gave up my citizenship. Having said that, I feel sorry for the people left behind.
I am giving up my citizenship this week. My family is too. We have had enough.
Tried to keep dual citizenship thinking one day we might retire in Fiji. That plan is totally out the window now.
Nothing will change.
I am convinced that the work of the Commission of Inquiry is a waste of public money because outcome of the Inquiry will collect dust like other report. There is signs of coverups from the top authorities, that starts from the President of Fiji, The Prime Minister, Chief Justice of Fiji, Judicial Service Commission, and so forth.
People of Fiji should not expect any better or change because all those who will be implicated in the reports are holding those office that I have mentioned above. Although there is whistleblowers protection in the law, in reality there is none because of the existence of cartel criminals controlling senior office.
The snake was too quick to appoint his person as president before the commission of inquiry
Without any intention to pre-determine the matter, it is quite telling from the line of witnesses and evidence that we may have been made privy to, albeit unintentional and the disgusting attempts to try and discredit Ms Janet Mason and the Tribunal that Ms. Malimali’s days as FICAC Commissioner are numbered.
What will be more interesting to see are the determinations about the enablers in power who put her in this position, who saw her through to being Commissioner despite there an active investigation against her, the reasons for her becoming commissioner and the rot that we all see now exists in our judiciary and more so this Government.
Whatever happens, people need to be held accountable, and people need to be sent home.
We’ve had enough of this debacle.