There are already enough questions about the integrity of the Chief Justice, Salesi Temo, to have sunk him in any jurisdiction other than Fiji . Yet he has again demonstrated his gross unfitness to preside over the judiciary by declaring that the Supreme Court Commission of Inquiry into the Malimali affair has been a waste of money.
Who says? Certainly not Justice Dane Tuiqereqere, the High Court judge who quashed Justice David Ashton-Lewis‘s 600 plus page report, declaring it “null and void” because it was allegedly biased. Well, not actually biased but giving the appearance of bias – an important distinction that has been regrettably lost in coverage of the ruling.
Far from saying it was a waste of money, Justice Tuiqereqere said the CoI had served its purpose because Barbara Malimali should not have been appointed Acting FICAC Commissioner in the first place. Why? Because of an active criminal investigation into her conduct and her drunken escapade with a judge in Tuvalu that had resulted in her being banned from practicing there.
So what is Salesi Temo’s problem? Is he upset because it was he – as head of the Judicial Services Commission – who appointed Barbara Malimali and he doesn’t appreciate Justice Tuiqereqere pointing out the bleeding obvious and making it impossible for her to be reinstated?
Or is the Chief Justice still seething about Justice Ashton-Lewis’s accusation that he had committed perjury and perverted and obstructed the course of justice by conveying a message to the former FICAC Deputy Commissioner, Francis Puleiwai, that no charge she laid would be heard by any court in Fiji?
Whatever the case, it is extraordinary that the Chief Justice would go public saying the CoI was “money wasted” when that is not even the opinion of the Judge who declared its findings null and void (more on that in future postings). And it is even more extraordinary when the Prime Minister, Sitiveni Rabuka, has indicated that he is going to appeal the Tuiqereqere decision.
This is a direct attempt by the Chief Justice to influence the outcome of that case and is yet another demonstration of the folly of the Prime Minister in not having removed him. “Oh, it was all a waste of money”. Well he would say that wouldn’t he?
Salesi Temo is desperately trying to avoid any appeal from going ahead. And cost is the basis on which he is clearly trying to embarrass the Prime Minister into not proceeding. Some might argue that it is such a blatant obstruction of justice in itself that it is proving Justice Ashton-Lewis’s original finding to be absolutely correct.
Grubsheet readers will recall that Grubsheet has long been urging Sitiveni Rabuka to advise the President, Ratu Naiqama “Where’s my butler” Lalabalavu, to suspend Salesi Temo for misbehaviour and put him before a tribunal of three judges, as the Constitution stipulates.
Justice Ashton-Lewis did the same in his landmark report, which is only “null and void” until Justice Tuiqereqere’s ruling is revisited by a panel of judges of the Court of Appeal in the action the Prime Minister has flagged but hasn’t yet commenced.
It is obviously easier for me from the relative safety of Sydney to speak my mind and avoid the Chief Justice pursuing me for contempt. Yet suddenly Salesi Temo’s own contempt for convention by publicly criticising the money allegedly wasted finding him liable for perverting the course of justice is starting to bring local critics out of the woodwork.
Grubsheet urges our readers to examine in detail the following Facebook posting by the independent MP and former FijiFirst minister, Premila Kumar – someone we have had cause to praise before for bravely speaking her mind .
Premila Kumar’s criticism of the Chief Justice is so novel that it has made the front page of today’s Fiji Times. But let’s hope this is just the opening salvo of more public statements from others about the inappropriateness of Salesi Temo’s conduct, even if the power he wields protects him from the direct accusations of corruption I have made in these columns and from which I do not resile.
Here’s the Facebook posting:
NOTE TO READERS:
A lot more to come on this developing story. Unlike Premila Kumar, Grubsheet doesn’t “fully respect” the Tuiqereqere ruling. On the contrary, the stench is getting stronger by the week.
More signs of dysfunction in the criminal justice system in the the other Fiji Times front page story this morning.
What the hell was all that about? As Riyaz says: “Ridiculous”. Though his troubles in the courts aren’t over.
There is the matter of the Volkswagen Touareg he insisted on ordering from New Zealand before the 2022 election. Ridiculous in itself and another sign that the last thing the Sayed-Khaiyum brothers expected was defeat.
The first steaming and very large turd on the lawn was the tax holiday, thus the tone was set and permission given to turd away.
The recorded evidence against Temo is there for all to hear, making his appearance before panel of three more senior Judges, very brief. And his time as Chief Justice even briefer.
If he believes in his innocence he should be quite willing to stand down, as he should have done when the first accusations against him surfaced.
What he is doing now is paving the way to deny anything that the superior Judges say about him when found guilty of the charges that should have been brought against him immediately after the CoI was released.
He is the Chief Crocodile in a very large pond and should be the first one to go.
It will not need to go to the Supreme Court, the Appeals Court will suffice based on the recording.
The CJ’s knowledge about independence and integrity matches the standards he has set in the judiciary. These are iTaukei standards because this is iTaukei land we are in. ITaukei standards are different to Western standards. The vulagi will never understand these things. For him to criticise a report that has publicly named and shamed him- well that is Fiji style standards.
But the amazing thing is the vast majority of Fijians are behind him because he is working very hard to set the lowest standards and that is what Fijians want. As long as the vulagi are kept out, anything is acceptable.
But the CJ will soon outdo himself. Patience. It is the iTaukei mafia at work, but we all know there is no honour amongst thieves.
…And where is the other protectors of the law in all this…the Law Society? Oops headed by Wylie the President for life. So friends, no-one else will point out the obvious.
Now that is a leader! Premila Kumar leaves the rest of the sorry bunch of so-called Fijian leaders in the dust including Ketan Lal who grovellingly praised Salesi Temo for giving the “right decision” in the Khaiyum matter even though Temo had taken nearly 8 months to do so and declined the no case to answer application before criticising the prosecution for bringing the case to court in the first place!
Premila Kumar has hit the nail on the head. It was the CJ that headed the JSC that advised the President to appoint Malimali without bothering to “dig, dig, dig” in the words of the CJ as he pompously lectured recently-admitted lawyers. Clearly the CJ is not a person to take his own advice.
A nolle (prosecution abandoned) on the eve of the trial? Is Lavi Rokoika deliberately stringing people along as punishment for being on the wrong side of a change of government?
What new evidence or legal opinion could have been uncovered on the eve of trial that wasn’t available when the charges were first brought before the court? Still more questions that continue to go unanswered.
Premila questioned Temo’s comments, Fiji Times deliberately turned the Headline Captioned to SLAM. Reason being Fiji Times wants Premila to be charged for commenting on Temo’s comments.
Makes sense?
Perhaps. But he wouldn’t dare. He is already skating on thin ice and Premila is capable of generating a clamour for his removal if he turns her into a martyr. Her status as an MP provides her with a huge degree of protection.
So Riyaz orders a VW he is charged and taken to court.
Tsunami Bill Gavoka calls critics of Fiji Airways (buying 6 vehicles for executives at a cost of approx million dollars), key board warriors?
Yet Fiji Government provided a 300 Million Dollars Guarantee for Fiji Airways and keyboard warriors are not allowed to comment on Fiji Airways mismanagement of funds.
Despite the fact that crocodilians do display strong parental care, cannibalism does occur, but it is an opportunistic and occasional behavior, not a standard part of their life cycle.
Here are the primary reasons why it happens:
Food Scarcity & Survival: The main driver of cannibalism is a simple lack of food. When prey is scarce, adult crocodiles may eat smaller ones, including juveniles, as a necessary act of survival.
Reducing Competition: By eating younger crocodiles, adults eliminate potential future rivals for food, territory, and mates. This is more commonly done by adult males, who are often the cannibals.
Population Control: This behavior can serve a broader ecological purpose by naturally regulating the population when it is healthy and at capacity. Conversely, when a population is low, the survival rate of juveniles tends to be higher.
Accidental Encounters: Sometimes cannibalism is a byproduct of aggressive social interactions between adults or between adults and near-mature subadults.
It’s also important to note that mother crocodiles rarely eat their own offspring. They are fiercely protective and will carry their newly hatched young in their mouths to the water. This behavior was once mistaken for cannibalism by early observers who didn’t believe reptiles could show maternal care.
Furthermore, scientific studies examining the stomach contents of thousands of crocodiles have found that cannibalism is relatively rare, indicating it is not a normal part of their diet.
Note: the abovementioned is intended to be used in a metaphorical way to describe the inner workings of the current administration…It is not intended to portray literal meaning in an any way , shape or form!
P.S – refer to “reducing competition” and “accidental encounters” for relevance to the topics at hand!!
cheers..
Brilliant. Vinaka. Word has reached me that “Homer” Charters has strongly criticised the Prime Minister on Facebook. So the crocodiles have already started eating each other.
In other words, “there is no honour amongst thieves”
Yes excellent story . The Minister of Fashion, will be waiting to display those designer crocodile 🐊 skin boots and hand bag. Stamped genuine croc leather! From sustainable and ethically farmed croc ponds. Perhaps she could also critique how croc meat tastes, after devouring her political opponents.
“FB” as an alibi geez sounds pretty deseperado….One of these days the letter “I” will be added and they will all be served up on the table in that Chinese restaurant on Vic Parade ….was it the M….. P a l ….ce or someting?!
cough cough….
Yes … and while we are on the topic some further examples of zoomorphism with the odd homonym and other fig’ langue to boot …highly appropriate in my opinion:
Who likes the crocodile loafers currently strutting across the floor of the house?
Her treatment after the affair was a total croc-pot…Not to my liking personally , slow, hot and gooey…(no guesses who with this one).
Isn’t it all just a croc of shite?
Politicians cry crocodile tears so often , I’m starting to think they are just trying to drain the swamp with their own faces!
And a piece of humor for the day:
Why do crocodiles weep while eating their prey and fake sorrow while devouring?
Because they’re a sad bunch of pushers …pushing through policies that hurt the very people they’re crying for!!!!!!!!!!!!!!!!!!!!!!!
Perhaps our animal escapades will venture further down stream/ river, towards the ocean….There lying in wait …none other than the much feared “Shark”.
Sharks are known predators and feared by just about every living thing in that vast expanse….
Whilst they are opportunistic predators the shark is known for it’s tendency to attack crocodiles who appear weak and out of their jurisdiction….
And the fact of the day is this: There is a very large saltwater crocodile called “Brutus” who has been known to lie in wait when sharks are in the vicinity. This is a rare encounter but a historically documented one nonetheless!
Who will win the next tussle in a salt water environment?????