One of the most startling aspects to emerge from the Supreme Court Commission of Inquiry into the Malimali affair is how Wylie Clarke – the President of the Fiji Law Society – summoned a posse of lawyers on September 5 last year and descended on the headquarters of FICAC to free Barbara Malimali from arrest and eject the then acting deputy commissioner, Francis Puleiwai.
That posse included the Chief Registrar, Tomasi Bainivalu, who we now know – from a recording taken at the time and submitted as evidence to the COI – told Francis Puleiwai – in Wylie Clarke’s presence – that he was instructed by the Chief Justice, Salesi Temo, to inform her that no charge she laid – including one she intended to lay that very day against the Deputy Prime Minister, Biman Prasad – would be heard by any court in Fiji.
This astonishing episode eventually produced findings by Justice David Ashton-Lewis that the Chief Justice (Temo), the Chief Registrar (Bainivalu) and the President of the Law Society (Clarke) may have perverted the course of justice. And all three individuals are fighting back in the High Court to have those findings, and indeed the entire CoI Report, overturned in an application for judicial review that begins on December 12.
Which leads us to the following question. Why is Wylie Clarke – wearing his other hat as senior partner at Howards law firm – representing the Deputy Prime Minister, Manoa Kamikamica, to defend the case against Kamikamica brought by FICAC for allegedly perjuring himself and giving false evidence to the Commission of Inquiry?
When any number of lawyers could be representing Kamikamica, it leaves them both vulnerable to the suggestion that there is now a high-level concerted attempt, some might say conspiracy, not just to defend the now sidelined deputy prime minister against the allegations against him but to derail the Commission of Inquiry for their common purpose.
Certainly, in other jurisdictions such as the Australian states or New Zealand, it would be inconceivable that a lawyer who has attracted an adverse finding by a Supreme Court judge would represent a fellow accused. And make no mistake. This is precisely what is happening here. Wylie Clarke – who is accused of being party to perverting the course of justice over the events of September 5 – is the lawyer defending Manoa Kamikamica on charges that he lied when he said under oath that he didn’t play any role in the appointment of Barbara Malimali and gave false evidence to the Judge.
Why didn’t Manoa Kamikamica choose a lawyer to represent him who hasn’t also been accused of criminal conduct in the CoI Report? Someone completely independent of the process capable of arguing his case without carrying a tonne of baggage into the courtroom? It’s a question exercising the minds of other lawyers in the wake of yesterday’s extraordinary events in Suva, when the charges against Manoa Kamikamica were called without him present because he had yet to return from overseas.
Under normal circumstances, it should have been a straightforward hearing – a “mention” in which a bail hearing date was set and the commencement of the judicial process that will eventually see Manoa Kamikamica in the dock to answer the charges against him. Yet instead, Wylie Clarke went on the attack against FICAC – questioning the legality of the appointment of the FICAC Commissioner, Lavi Rokoika, and pouring scorn on the charges laid against his client.
From a defence lawyer without any skin in the game, it would have been startling enough. But from someone actually named in the CoI Report himself along with his client and a host of others, Wylie Clarke’s performance was astonishing and has raised serious questions about the basis of him representing Manoa Kamikamica in the first place.
Was he there in the normal manner as a lawyer upholding his duty to defend a client facing serious charges? Or was he there not just representing Kamikamica but pursuing a wider campaign against FICAC and the CoI in the interests of others, including his own?
Was this part of a concerted campaign to discredit FICAC and the CoI? It sure looks like it. And it is that appearance of Wylie Clarke being hopelessly conflicted because he is a central figure in the Malimali saga facing serious allegations himself that has tongues wagging among lawyers in Fiji and the diaspora. Because in this instance, he is meant to be advocate for his client in relation to the specific charges against him. Yet instead, is waging a wider campaign that benefits himself and others named in the CoI Report and assists his own forthcoming application for a judicial review of the CoI.
Eyebrows were raised even higher with the presence at the court yesterday of senior lawyers who have nothing to do with Manoa Kamikamica’s case. What was Richard Naidu doing there? We know that he has been representing Biman Prasad in relation to FICAC and the CoI but why appear at the first mention of Kamikamica’s case? And what was Tanya Waqanika doing there? She is Barbara Malimali’s lawyer but also has no role in the Kamikamica matter.
Or do they? Have these elite members of the Suva legal establishment banded together to mount a political campaign against FICAC and the CoI? And motivated by personal interest because those interests are threatened? To many already concerned about their disproportionate influence in the legal and political establishment, It sure looks like it.
To some – Grubsheet included – the sight of Wylie Clarke, Richard Naidu and Tanya Waqanika at the court yesterday was eerily reminiscent of the posse Wylie Clarke gathered last September 5 to free Barbara Malimali from arrest and derail the FICAC investigations into Biman Prasad and a slew of other government ministers.
Was it designed to intimidate the presiding Magistrate, Charles Ratakele – all those big names present as Wylie Clarke poured scorn on the prosecution case? It certainly had the appearance of being politically motivated – a clique of lawyers trying to manipulate the judicial process and acting out of self interest, not the interests of justice and the common good.
Let’s be clear about this. Manoa Kamikamica is facing serious criminal charges that the public interest demands should be determined by a court of law in the normal manner free from the pressure of a personally conflicted legal elite. This isn’t a human rights case that these luminaries can attach their names to without comment but a straight case of a senior government minister allegedly lying under oath.
Fiji already has a judicial system tainted by the appearance, if not the substance, of having been infiltrated to serve the purposes of certain individuals. And at the very least, the sight of a gang of lawyers who seem to think they control the system scurrying around trying to discredit the process and discredit the FICAC Commissioner is an extremely bad look. It is definitely not in the public interest and must be resisted.
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Richard Naidu and Tanya Waqanika. Not involved in the Kamikamica case but a highly visible and potentially intimidating presence at the court.
Good on Richard and Tanya – they taking on Rabuka – Rambo must be shitting in his diaper that his once friends are promoting a new order without Rabuka, time for a change?
His own irreverent Pap Candidate Sandeep Narayan was also there. Stanley Simpson, Pramesh Sharama and others all joining the FB bandwagon against Rabuka – let’s see what the snake does now – kill or be killed Rambo…
It is about the proper application of the rule of law, you idiot. Manoa Kamikamica isn’t a “new order”. He is incapable of getting the mass vote necessary under the d’Hondt system and is now on trial for corruption. And the others you cite are people of no credibility whatsoever.
The evidence erasers were out in full force in a team huddle.
GD, the NFP lawyer was there to support Kamikamica as Baimaan knows he has no future if PAP under SLR wins the next election in its own right. He has a vested interest in ensuring that Manoa escapes the charges and forms his own party.
The new order will come in 2026. Manoa is irrelevant and Rabuka has internal issues to deal with – a common problem with itaukei parties all wanting the top job and backstabbing each other – a trait that Rabuka has himself and did to SODELPA.
Richard is only saving his ass because if Baiman goes, Richard could be roped in for perverting the course of justice. So, all these so called elite lawyers are not there to save Manoa, but rather, they are there to ensure that the CIO report falls through so that they are not prosecuted.
They say it is a dog eat dog world. Ever more entertaining when native dog go at at it. The sly (wylie?) foxes will no doubt derive the most benefit (business community).
PS- the mating seasons kicks off in between the native dog fights -you know, the bonking season.
GD
The Deputy PM, Kamikamica ought to have been arrested and charged on 23 September or earlier. A very silly and pathetic excuse by the FICAC people telling the court that they were unable to find him earlier with a view to arresting and charging him.
Then setting up a Hearing in his absence while he is abroad is most bizarre, in my opinion. Because the charges leveled against him are very serious and damaging, not only to him but also to the judicial outcome and the “fragile” administration of justice system in Fiji.
Look at the bastards!
The way they are strutting and preening like they own the place. All 3 with rotting skeletons in their cupboards.
The pompous bitch, Richard ‘I have the means’ Naidu seriously compromised his role as Fiscal Review Committee chair in the Fiji Water tax holiday scandal and vat increase. He claims that he declared his conflict of interest as Fiji Water was a client of his firm Munro Leys, but there is a thing called undeclared expectations and indirect pressure. The worst thing about the tax holiday engineered for Richard’s client is that they denied indigenous resource owners a fair return and the government and people of this country tax revenue. It was a crime against the indigenous resource owners and the people of Fiji. To make things even worse, the Fiscal Review committee increases vat to 15%!
Just the sight of the traitor Richard’s face is puke inducing and enough to make the blood boil. The question is, what is a lawyer doing on the Fiscal Review Committee? The lawyer was of course appointed by Baiman for specific reasons: the NFP connection of Baiman and Richard played the entire country, including prime minister Rabuka, on this one. The fiscal review committee is not independent at all – Baiman’s squeeze Kirti Patel is on it as well. How she got appointed is a mystery as like Richard, she does not have the qualifications nor the experience. On second thoughts, it is no mystery, knowing Baiman’s weakness for the fairer sex, lol. That Richard and Kirti are still on the committee is shocking. The first thing to be done is to sack both for the committee’s integrity.
Tanya ‘loudmouth’ Waqanika as we know is a failed lawyer and election candidate. The ‘bulumakau’ as she has been aptly named runs a shell of a law firm only in name and for appearance sake – to give the false impression that she is active but she has never had any major cases and is the butt of jokes in our legal fraternity. She is too lazy to run a law firm and is always looking for opportunities for a quick buck, like the Malimali case, where her fees were higher than the best and highest paid lawyer in the country would attract. She’s just trying to look important and get into the media but in reality no-one with a right mind would hire this nincompoop.
As for Wylie, the less said the better. The fact that this clown was re-elected as the Fiji Law Society president is a testament of the pathetic state of the legal profession in Fiji which I’m ashamed to be part of. I voted against him. The way they bullied, intimidated and blackmailed Puleiwai should never be forgotten. His day of reckoning will come if FICAC has the balls to do its job.
I fully agree about Tanya Overweight Waqaniika
she is charging all these hefty fees so she can afford to buy those expansive weight loss injections like Wegovy,Mounjaro and Ozempic things that the poor people of Fiji can’t buy and while on the case.
Couldn’t the Ficac lawyer Lily Mausio simply say to the magistrate that the case is NOT about Lavi Rokoika but it’s about FICAC,the people of Fiji against Manoa Kamikamica? As Fiji Leaks mentioned,Lavi Rokoika’s role is purely administrative but those lawyers Clarke and them are doing their best doing this as a distraction,
Lawyers like Clarke and Naidu are showing they have short memories and short of conscience,they simply cannot declare their interest and excuse themselves but politics is big business in Fiji.
Richard is a self-serving pretentious being. During the days of the previous govt, he would write essays like a horny teenager fixated on erotica about the misdeeds of the government and its impact on ordinary Fijians. Now that his lot are in power, he is there defending them through their screw-ups.
The ordinary people of Fiji long forgotten as evidenced by the tax break given to that water company. A political hack who was never liked enough by the people of Fiji to make it mainstream so he scurries around the edges influencing the gullible to get his way.
It is apparently clear that his sole interest was having those he can influence in power and not the betterment of ordinary Fijians. A man of virtue would have held his own to a higher standard than he did Bai/Kai but this was never about Fiji or Fijians, it was always about regaining the power that he lost under the past government.
Happy to be corrected.
Why was bebe Temo not the 1st one charged?
He is the only one of the 9 who has the power to determine the poltical future of this country methinks.
Accolades to the Prosecution Counsel, Lilian Mausio for holding her own. She is a young, upcoming and brilliant product from a local University and has a great opportunity to take on some of these names carrying their usual baggage.
Of course the intimidatory and condescending tactics by the defense team will be on full display, but I am sure Lilian will give them a run for their money.
As an intelligent young lawyer, she also has a passion to ensure justice is done and no doubt she will join the ranks of who is who after these cases.
Go Lilian.
GD this is what some of us have been saying for so long. This cabal of lawyers have been for so long ruling the roost. The roost is access to money and clients through exclusivity. Frank and Aiyaz upset that apple cart and that is why people like Richard and Wylie all went out on a rear guard attack of saying that they represented human rights and freedom, when in fact it was all about getting rid of the level playing field created by Frank and Aiyaz.
Fast track to coalition government. People like Richard and Wylie are now there to protect the key players and the corrupt system that has given them unfettered access to that exclusivity that they had prior to 2007. As the government changed, legal work poured into Munro Leys from organisations such as EFL, FNPF, CAAF and other government owned or related companies. Even private companies who wanted to be on the side of government went to them.
Howards, Wylie’s firm, of course got work also. They used to before 2007 exclusively do all the legal work for TLTB. Tanya is now getting tax payer funded legal fees.
People like Nancy Tikoisuva, John Rabuku, Laisani Tabuakuro and the Ficac commissioner are all now getting salaries that they could only dream of. These 4 never could never run highly successful private law firms. Their track records show that they failed miserably. But now, these completely unethical and incompetent lawyers have these salaries that they could only dream of, go overseas for conferences, get invited to cocktails, get called madam or sir, (all of which they love) and other gigs and all tax payer funded. And you bet your bottom dollar, they ain’t gonna give that up easily. And you bet your dollar that they all will try to their utmost to remove anyone that may threaten their new found or refound wealth and status.
So this is what all of this is about. Pigs at the trough to protect other pigs.
Certain accounting firms, construction companies, engineering companies are all in it.
The problem is many people did not understand that Frank and Aiyaz really opened up the economy to many different actors that previously weren’t able to participate in it equally. These two got rid of the exclusivity even in the food retail businesses. So many new retail supermarkets opened during their time and exclusivities and price gouging by those such as Fiji Water, Hari Punja, the hardware companies were diminished or completely eradicated. But these boys and girls are back again or there are now some new boys and girls.
Exclusive big money and status is at stake for some and so you will continue to see the erosion of the rule of law, undermining of all due processes, denial of natural justice, a compromised judiciary and it being interfered with, corruption and abuse of office to name a few, escalating – all because a few cannot get their snouts out of the trough where they want to remain in perpetuity.
Unfortunately those who supported the change in government very stupidly did not understand the underlying dynamics in the Fijian polity.
Hear hear.
Vuakas aplenty in the Coalition.
One of the bigger ones sitting in Fiji’s High Commission in Canberra.
Soon to be emulated by the pig going to Tokyo soon. This pig has not lived in Fisi for the last 15-20 years and will soon run his ‘consultancy’ business in Tokyo on Fijian taxpayers dime, draws huge salary, with an entertainment budget to match.
How sweet is that.
Some of these Lawyers think they are the law. They are a cog in the justice system, not the system.
They are displaying gangster like behavior. Indeed they are a gang, just with a different sanitized name.
CoI : CONFLICT of INTEREST!
I laughed so hard yesterday when I saw Richard “love handles” Naidu trying to evade the media and more specifically the cameras outside court. What did that idiot think? That no one would see him or take photos of him?
It was hilarious that after talking to Wylie along the corridor Dick Naidu started walking in the direction of the media only to realise seconds later that he was being photographed. The silly c**t immediately screeched to a halt and then tried to hide behind a pillar pretending to talk to on his phone. The video is also on one of the media platforms now.
Coming back to the fiscal committee, the obese c**t riaz ali who runs the ‘best buys’ shop is now trying extremely hard to distance himself from the coalition govt he was a hard-core supporter of before and after the elections. At one time he was saying there was nothing wrong with all the decisions of the fiscal committee and defended the committee vigorously but now he is taking pot shots at the govt and making noises about how the country is collapsing under rabaku.
They are all abandoning Rabuka and in tne end, the baku will only have his former camv hard line old as parts ethno nationalists in his corner. But then he could die before that day comes soon or he could have a very public mental breakdown and start talking baritone gibberish full time instead of the occasional dog and rabbit speeches which the swine Fiji media listen to with much serious attention.
The big top circus is collapsing and the clowns and monkeys are running amok.
I think you will find the reality is these ‘prominent lawyers’ are not acting for the Sweet Man, they all are acting for their own self-interest. Even the Sweet Man does not realise this let alone the people of Fiji.
@Anonymous 9:34 it’s all an act by the arrogant megalomaniac Richard Naidu. The bastard knows exactly where the media were and what he was doing while acting all coy, cute and confused. Trust our stupid media to give fawning attention to this arsehole without ever putting the hard questions to him about the Fiji Water scandal.
Please note Richard Naidu loves money and for it, he can do anything.
And there you have it
Is there any member of government from PAP, NFP and SODELPA who shouldn’t be charged or sent to prison?
What I mean is, if by chance a new government comes in power in 2026 that does not have members from the current three parties in government now, and the new government files a case against them, then the current party members in government may have a hard time proving innocence.
It means another future coup by the member parties of the current government to save themselves. Just like Punjas and a few others saved themselves by causing a coup against the Mahen government in the year 2000.
The mutual protection society is on full display at this hearing.
It is clearly obvious they seek to derail any activity that supports the recommendations of the COI by any means available. We will now see them launch actions in the High Court and the Supreme Court on the appointment(s) at FICAC.
This to delay the hearing and obviously to distract the media and the Fijian people from the allegations made.
Where is the CJ in all of this? Nowhere near as he basks in acting as El President, whilst the real one wanders around the world at the taxpayers’ expense. Maybe this might be his swan song tour?
And Fiji and its judicial system are further paralyzed by this! Justice in Fiji?
From the start Manoa has been the hope for Fiji. Someone with the intellect, ability and outlook to take Fiji forward. He has the broad shoulders necessary and perhaps has made a few well intended errors which I think come down to trying to move things along sensibly and robustly.
The sad thing is that the plan to keep Rabuka in check was hopeful, poorly conceived, and undermined by self interest and conflicts of interest. I stopped believing when the fiscal review committee recommended a tax holiday and higher VAT. It was a defining moment, but one that undermined credibility from the start. That’s our money and if private interests benefitted they need to be held to account.
Still I consider this is a politically motivated charade and I wish Manoa well and still consider him to be the best hope for Fiji along with Unity and those members of NFP not involved in conflict of interest issues.
Wylie too is a well intentioned person, but all lawyers have to hustle while avoiding conflicts of interest. It’s a fine line that some don’t realise exists.
“A politically motivated charade”? Are you blind or just plain dumb. He has been accused of serious criminal conduct. Of course he is entitled to the presumption of innocence. But let’s not pretend that he is “the best hope for Fiji”. Because all hope is lost when someone of his calibre is regarded as the best person to “take Fiji forward”. He is not and never will be.
Wiley Clarke being well intentioned? Are you in la-la land?
Members of NFP not involved in conflict of interest issues? Name one – I really would like to hear this.
I’m giving my 2 cents worth. Everything was ok for NFP until the Fiscal Review Committee, then ordinary people had vat put up and guess what? Tax holiday for resource extractor. How? It needs full investigation for taxpayers and good governance. We taxpayers need answers as it’s not fair and we know it.
GD,
Is it true that Richard Dick is feverishly trying to prevent Baimaan from being charged?
Baimaan goes – munro leys loses a lot of future business.
Baimaan goes – formerly unemployed bum Kirti Patel will have to go back on welfare.
Baimaan goes – Pacific Polytech goes.
Baimaan goes – Lola becomes NFP leader
Lola becomes NFP leader – new home for Manoa and Ann.
The answer to your first question is “undoubtedly yes” simply based on previous form.
Naidu was desperately trying to prevent Biman from being charged when Francis Puleiwai was there and was about to charge him. He wrote to Barbara Malimali on her first day in the job saying Biman was about to meet the President of the World Bank in an attempt to delay matters.
And then Francis was whacked, Barbara Malimali was in and the file was closed. Until it was opened again under Barbie’s successor, Lavi Rokoika. Ergo. Of course he is “feverishly trying to prevent Baimaan from being charged”. Again.
As for your other premises, I am not in a position to offer credible comment.