The report of the Commission of Inquiry by the Australian judge, Justice David Ashton–Lewis, into the “rotten” circumstances of Barbara Malimali‘s appointment as FICAC Commissioner is finally due to be handed to the President, Ratu Naiqama Lalabalavu, and the Prime Minister, Sitiveni Rabuka, tomorrow (April 23).
UPDATE: Reports reaching Grubsheet say the handover has evidently been delayed until next week because the PM is out of the country. Though no official announcement yet to this effect.
The final bill for the inquiry – which began its hearings in January – is certain to run into the millions. Yet incredibly, there is no requirement for the President and the Prime Minister to make the report public. And we can be sure of one thing, Fiji. If they can find any excuse not to, they will use it.
Facts will have been established. Judgments made. But if those facts don’t suit the Coalition government’s purposes, they can simply withhold the entire report. It would be the antithesis of transparency and accountability. It would be the antithesis of the obligations of public officials in a democracy. But that is the option they have given themselves. To keep the findings secret and keep the Fijian people in the dark.
It must not be allowed to happen. We must demand through our politicians of whatever persuasion that they do their utmost to fulfil their duty to us to help us secure access to the truth. And if the President and Prime Minister – who are effectively one and the same because of their lifelong bond as chief and commoner – are foolish enough to hide the truth from us, we are entitled to pursue them to the grave.
We are also entitled to take to the streets in peaceful protest to demand that the report be released in full, with excisions only if current criminal proceedings are affected or on the grounds of national security. And for any attempt to prevent us from accessing the truth to be front and centre of the public debate in the lead-up to the next election.
Never mind changing the Constitution or the electoral laws. These are diversions that the Coalition has concocted to cover up its chronic dysfunction and failure of basic governance. The Ashton-Lewis Commission of Inquiry is far more important.
Why? Because in the absence of an effective opposition in the parliament, Justice David Ashton Lewis has become our only hope of bringing a corrupt government and a corrupt establishment to account. As an old saying goes: “Sunlight is the best disinfectant”. And we need the sunlight of his findings to be shone on the dark recesses of the establishment to begin a comprehensive clean-up.
We already know from the evidence given “in camera” at the COI – ie in secret – that he has ripped the scab off a number of scandalous irregularities in the governance of the nation and its institutions of state.
There are, of course, the questions hanging over Barbara Malimali, who refused to stand aside while the COI conducted its hearings and sacked her chief investigator after he gave evidence. Her conduct has been scandalous even without an official finding against her. And so has the conduct of the Prime Minister in refusing David Ashton-Lewis’s request to suspend her. But Malimali is just the start.
Some of Fiji’s biggest names have also been in the firing line – the Deputy Prime Minister and NFP leader, Biman Prasad; a slew of other government ministers, including Manoa Kamikamica and Lynda Tabuya, whose FICAC investigations were shut down by Barbara Malimali; the Chief Justice, Salesi Temo, the lawyers Richard Naidu and Wylie Clarke. Plus a number of others whose actions have been questionable and have been subjected to David Ashton Lewis’s blowtorch.
All of these people have a vested interest in us being deprived of the facts that the Judge has established. And will have been lobbying frantically behind the scenes to have the COI report suppressed, especially if they suspect that they will receive adverse mentions.
Too bad. It is time to strip away the shadowy networks of power and influence that have developed since the Coalition came to power. And following due process, to bring all those who may have been responsible for wrongdoing to account.
Whatever the findings against Barbara Malimali, she cannot remain at FICAC. Indeed it is a scandal in itself that she was appointed in the first place when we know that she is banned from practicing law in Tuvalu altogether because of her drunken antics involving a foreign judge that derailed an important criminal trial there. She is totally compromised and must go for FICAC to have any integrity at all.
So let’s assume, Fiji, that because of this government’s woeful record of transparency and accountability, the President – acting on the advice of the Prime Minister and the Chief Justice – suppresses the COI report. Here’s what’s going to happen as sure as night follows day:
The findings are going to come out anyway. Grubsheet, for one, already has explosive leaked documents which incriminate some very big names. And they are simply the tip of an iceberg of material in the possession of others.
David Ashton Lewis himself – and his Counsel Assisting, Janet Mason – are not the kind of people who would leak a report of this magnitude themselves. Their whole professional lives have been dedicated to due process and the rule of law.
But the same does not apply to the likes of Grubsheet and Victor Lal at Fijileaks. We are veteran journalists who are in the business of disclosure. Exposure. In this instance, the integrity of the state and democracy itself is at stake. And while I obviously can’t speak for Victor Lal, I will personally have no compunction in publishing whatever the state tries to suppress or keep secret if I judge it to be in the public interest.
Unlike the mainstream media in Fiji, we cannot be threatened or sanctioned. We are beyond their reach or any attempt to silence us, beyond the defamation laws that Richard “I have the means” Naidu has already threatened to use against Grubsheet in another context.
So the Prime Minister has two choices. Release the COI Report and deal with its consequences – however politically unpalatable – or face a long, slow bleed of its findings making it into the public domain anyway. And becoming a cancer that eats away at his integrity and the integrity of the state all the way to the 2026 election.
And that’s a promise. Because the Fijian people deserve a lot better than we have had from this rabble and its puppets in the institutions of state for the past 28 months. We demand to hear what the Good Judge has discovered simply because it is our democratic right to hear it. And those who attempt to silence him must be resisted and eventually removed.
There have been a great many similar stories on Grubsheet over the past few months. To access them, just type “David Ashton-Lewis” or “Barbara Malimali” into the GS search engine on the right.
Someone should change the President’s nappies. I don’t think he has all his faculties. The man is rotting away ever so slowly. God is great.
Given his pedo activities and criminal behavior, God is going to give him a long painful, excruciating death. This is happening before our eyes right now. It’s very fitting for a racist f**kwit. But let’s hope this rodent withers away soon.
There are many big crocodiles lying at the bottom of the pond. They dont like being disturbed and will thrash about and bite if prodded.
In the true Fijian tradition the Report will be swept under the carpet. We have seen this happen to ‘sensitive’ issues like the surrender of Fijian soldiers in the Golan; the grounding of the naval ship Puamau at Fulaga, the NBF saga, the immunity clause in rhe Constitution that permits coup behaviour etc.
As for street protests…it will not happen as it will be deemed a ‘threat to national security’ by the Police and no permit will be granted. People too could not be bothered.
Who is to organise and lead the protests?
We are constantly told by some arsehole in your columns that Fiji is full of idiots anyway, so they dont even have the capacity to organise an orgy in a whorehouse.
You are right about Fiji being full of idiots. You are right about no one in Fiji can organise an orgy in a whorehouse, that includes the government, the GCC and you.
As for me being an arsehole, someone has to tell the truth.
Ha ha the true arseholes appear !
So you want more people like you in Fiji? I think there already are. And why do you think the country is where it is then? Totally oblivious and unaware.
Waco Inmate’s points about in the true Fijian tradition the Report will be swept under the carpet, ‘sensitive’ issues like the surrender of Fijian soldiers in the Golan; the grounding of the naval ship Puamau at Fulaga, the NBF saga, the constitutional immunity clause permitting and encourages coup behaviour are spot on.
Wacol goes on to say – ‘as for street protests…it will not happen as it will be deemed a ‘threat to national security’ by the Police and no permit will be granted. People too could not be bothered.’
Again, this statement makes sense and Wacol appears to be correctly ‘reading the room correctly’ as they say.
Especially the last bit which couldn’t be more true – people could not be bothered.
Agreed, the people couldn’t be arsed even if they tried.
“Compromised” , that which underpins our whole national administrative structure, “system”.
Take it away and we will have collapse.
There will not be enough honest people to run a village canteen.
Do not encourage them to clean up, last thing we want is another term of these fat hogs with snouts in the trough. We should be equal opportunity employers and vote for fresh lot of skinny hogs to replace them at the trough.
Just great this Westminster “system” that just keeps giving, and giving, and giving.
Was it not some wise person who stated doing the same thing over and over again with the same result the meaning of “insanity”.?
My Old Man witnessed and recounted this story of Lulu Buksh walking through the Defence Club one evening holding up a tabucagi overhead. The patrons, with puzzled looks, shouted, ” what you doing Lulu”?
Lulu, responded with ” I am looking for an honest man”?
Even it was made public, after redacting three quarters of the findings, it still would link the rest of the names that were unredacted to those names that were known to be under investigation, so it wouldn’t take much to fit the parts of the puzzle together.
There are none of the high profile names associated with the inquiry that will come out of this unscathed, so don’t hold your breath on seeing its release, any time soon.
The Fijian people are like mushrooms, kept in the dark and fed bullshit. And in a few short months will have forgotten all about it, just as if it hadn’t happened.
Someone will leak it.
Just ride the wave.
It is coming. For sure it is.
What did the swines in Mai TV that is Stanley and those in Fiji Times not do to get Mason off this case. But all they did was wake the mama bear. She will not spare a soul in their findings. I look forward to reading the “leaked” report. Soon.
Stan.. the kai India wannabe kai loma.
What a joke this Indian is.
WD45 , Let me make a prediction like the Simpsons:
Your devout hatred for Indians will kill you with high blood pressure THIS YEAR. Learn to co exist on Earth. We the Indians are almost 2 billion on Earth ( officially counted and the many uncounted). No amount of hatred will change that. Im sure you currently work for an Indian to put food on your table, or visit an Indian doctor for your illnesses or even got qualified in life from an Indian primary ,secondary or University owned by Indians.
As a Christian I cannot fathom what the false “Christians ” of Fiji have inside their minds because not one itaukei has displayed the teachings of Christ ,our creator in my 60 years of being born and bred in Fiji.. You may want to spend some quiet time reflecting on your hateful verbose as a daily diet and ask the creator for guidance in your daily life.
I will also pray for your hate filled mind and ask Jesus to heal you and the other 350,000 itaukei to lead a Christian life and not an Al Qaeda one pretending to be Christians.
Hello Graham – please don’t hold your breath, Stan and Vijay won’t give any oxygen to this Poopoo story, Rambo and Rapist have no ethics, The Judge and his sidekick have too much integrity and most of the others are too scared. I suggest somebody offer Pramesh Sharma $$ and maybe a positive piece on this forum with all comments blocked – only chance to get this report.
I think you’ve missed the point. I don’t care what Stan and Vijay do and neither, I assume, does Victor Lal. They are irrelevant to whether this report and its details are made public. Just as they are irrelevant to anything that involves proper transparency and accountability.
By taking money from the government, they are party to a conspiracy against the Fijian people. Toothless watchdogs and legends only in their own minds.
As canvassed in your columns: if a Fiji lawyer has (and it’s a big if) acted in a public capacity with public revenue to give a client a benefit then it’s a huge scandal not unlike other corporate scandals that enable insider information and mutual back scratching to take place. Look at PWC in Australia using knowledge gained by being close to government to gain advantage for clients. At the moment there’s a defence that there’s a footnote in a report and others were part of the committee (blame others even if it’s not their client). But it’s a big IF – suspicion alone of dodgy dealing is not dodgy dealing.
Will Ashton Lewis be reporting on this? Or is this more about how far can one go while defending a client?
Either way the reputation of Fiji’s legal profession is being taken to an all time new low and that is saying something.
There’s some good guidance here for what Fiji should be doing: https://www.accountancyage.com/2024/03/26/the-pwc-uk-tax-scandal-explained-an-insiders-perspective/?amp=1