Today, we’re publishing the affidavit of the suspended Police Commissioner, Sitiveni Qiliho, on behalf of himself and the ousted prime minister, Frank Bainimarama, in the High Court action they are mounting seeking the recusal of the Acting Chief Justice, Salesi Temo, from hearing the appeal of the ODPP against the sentences passed on them by Resident Magistrate Seini Puamau.
The pair are submitting that Justice Temo is biased and has a conflict of interest that makes him unfit to hear the appeal and want him to stand aside for another judge. They also want the proceedings against them stayed until the unconstitutional appointment of John Rabuku as Acting DPP is clarified in the courts.
Qiliho and Bainimarama want their recusal application heard “instanta” – the legal term for without delay. But it is set down for hearing on the same day the ODPP’s appeal against their sentencing is due to begin – May 2. So what is likely to happen? Here’s the word from an insider:
Their lawyers from RB Patel – Devanesh Sharma and Gul Fatima (one or both of them) – are almost certain to have already met the Acting Chief Justice privately to ask him to stand aside. If formal proceedings have commenced, he has almost certainly already told them face-to-face that he won’t be doing so and to lodge a formal submission.
What will happen on the day? Unless Salesi Temo has a change of heart, he will formally refuse to recuse himself and the appeal hearing will go ahead. If he revises the sentences pronounced by Seini Puamau – sending Bainimarama and Qiliho to jail, for instance – there’s not a damn thing that can prevent it. It is open to them to launch a case in the Court of Appeal but that will be after Justice Temo passes sentence.
Salesi Temo’s bias in this case is so glaring ( see our previous report on his conduct ) that if he refuses to recuse himself, it would an outrage. On any reading of the last proceedings (a complete transcript is in our previous story), he has prejudged the case. And guess what, Fiji? It is Justice Temo who will also be deciding – wearing his hat as President of the Supreme Court – whether John Rabuku can remain as Acting DPP after the cabinet asked the Supreme Court for advice on the constitutional provisions that bar Rabuku from holding office because he has been found guilty of professional misconduct.
It is frankly incredible that one man has so much power when his conduct is so demonstrably questionable and it is clear that he should never have been appointed Acting Chief Justice in the first place. The judicial system as a whole retains the confidence of the people but the man chosen by the Coalition to preside over it is unfit to hold the position and must not only recuse himself from this case but be removed altogether.
Read on. And remember: This affidavit is from Sitiveni Qiliho but he is speaking for Frank Bainimarama as well as himself.
Once upon a time, they could have have obtained leave to appeal to the Privy Council, but I presume that nowdays this route is no longer available to Fiji Citizens.
Remember Pope John Paul II in 1986. Fiji, The way the world should be – a country with different ethnic and religious communities living together in peace… then 1987 came along and called him a liar.
You presume right. People call me a white colonial throwback for supporting Fiji maintaining its links to the Crown and the institutions we inherited from the British but we are now seeing Siromi Turaga’s brand of indigenous justice and it is not a pretty sight.
If this government goes this week – what would it’s end of term report card say?
Economic competence
Effort: 1/10
Exam score – 0/10
Failed to grasp the most basic concepts of economics. Spent too much time listening to the bigger boys who tricked him out of his lunch money on a promise that this would magically make more money appear in his pocket. When magic didn’t happen could not afford lamb chops for lunch and then instead of tackling macro economics gave all his books and pencils away to his friends. Hopeless and probably not capable of doing any better. When asked to make a simple decision on behalf of the class accidentally raised prices in the school canteen for everyone which mostly affected kids from poorer homes. Will never be allowed long pants.
Governance
Effort 0/10
Exam result – 0/10
Did not even turn up for class, not sure even aware of the school let alone the class. Lots of talk about it pre election was just big words borrowed from somewhere else. Added to academic case studies in bad governance including:
– chartering and not paying for plane rides to pointless destinations
– giving tax holidays for billionaires
– rampage of conflicts of interests to advisors giving away school funds
Behaviour
Effort 0/10
Exam result minus 20
Academic performance alone would not have got them expelled but behavior became intolerable as term went on. Reckless and willful failure to follow the rules across individuals and institutions. Internal squabbles only matched by furious bonking in the school yard (not even behind the shed) in front of school funders!). Drug taking now out of control. Whole school must be expelled.
Time for change.
Goes without saying that Santa Claus should not be our CJ – especially if he is so prejudiced and biased with a predetermined mindset.
We need an independent Santa.
The main player here is Rabuka, he is controlling acting CJ and DPP the charges and court case itself.