Just as it is a first in Fiji to have a Chief Justice who is accused by a Supreme Court Inquiry of having perverted the course of justice yet remains in office, so too is it a first for the same allegation to be leveled against a sitting President of the Fiji Law Society and for him to also cling to the wreckage of a broken system.
Welcome to the so-called new order under the Coalition government in which the cream of the criminal justice system stands accused of wrongdoing on an industrial scale yet only two of its members – the FICAC commissioner, Barbara Malimali, and the attorney general, Graham Leung, lose their jobs. The rest remain in place. For the moment, at least.
A supine and compliant mainstream media ensures that while the evidence against the likes of Wylie Clarke exists in black and white in the findings by the Ashton-Lewis Commission of Inquiry into the “rotten circumstances” of the Malimali affair, it is still to be fully reported and explained. And while that remains the case, “Wylie Coyote” remains as FLS president, representing the nation’s lawyers in private practice.
Unless they have accessed the leaked COI report that exposes the “crocodiles” the Prime Minister asked Justice David Ashton-Lewis to flush out from the fetid swamp which constitutes our criminal justice system in its current form , even many of our lawyers will be ignorant of the precise allegations against Wylie Clarke.
But today, Grubsheet lifts the lid on those allegations, linking them with precise extracts from the COI report, starting with the possible offences Justice Ashton-Lewis finds may have been committed by those with adverse findings against them.
They include the posse of lawyers Wylie Clarke assembled for the “rescue party” that descended on FICAC on September 5, 2024, to free Barbara Malimali when she had been arrested for alleged abuse of office as head of the Electoral Commission – the job she held before being parachuted into FICAC to shut down a slew of investigations into government ministers.
The following is from Chapter 7 of the report that has been suppressed – redacted, censored – but has been readily available on Grubsheet and elsewhere. “Mr Bale” is lawyer Amani Bale, “Ms Vaurasi” is Laurel Varasi, the former FLS President, “Mr Clarke” is Wylie Coyote himself and “Mr Tuifagalele” is Nemani Tuifagalele, another Suva lawyer. The “CR” is the Chief Registrar, Tomasi Bainivalu.
From the pages of the unredacted COI Report, an astonishing saga emerges of what happened when Wylie Clarke and the others descended on FICAC on September 5.
FACT:
They weren’t entitled legally to be there. Having been arrested, Barbara Malimali was only entitled to have her own lawyer present yet called Wylie Clarke, who testified that he wasn’t her lawyer, and asked him to “call everyone” to come to FICAC (to “rescue” her). So Clarke was the convenor of the September 5 meeting, bringing the other participants together at the corruption watchdog at Malimali’s request. He should have known it was unlawful.
FACT:
The Chief Registrar, Tomasi Bainivalu, arrived and conveyed a message from the Chief Justice, Salesi Temo, to the former acting deputy FICAC Commissioner, Francis Puleiwai, that no charge she laid – including the charge she planned to lay that very day against the Deputy Prime Minister, Biman Prasad – would be accepted by any court in Fiji.
FACT:
Wylie Clarke – who says he was there on behalf of the Fiji Law Society – remained silent while this astonishing violation of the law – blatant and wilful corruption and abuse of office – was perpetrated in his presence. He made no protest then nor any subsequent protest in verbal or written form. His failure to do so was not only tacit approval on his own part of the unlawful conduct taking place but, axiomatically, on the part of every member of the Fiji Law Society.
FACT:
Evidence given to the COI – some of it backed up by a recording taken by the FICAC Chief Investigator, Kuluniasi Saumi, demonstrates that the most extraordinary intimidation was employed by some of those present to get Francis Puleiwai to back off.
“Ms Bokini-Ratu (FICAC’s Manager, Legal Services)… recalled that the meeting at times had heated exchanges where on one occasion, the CR (Chief Registrar) began yelling at Ms Puleiwai “WHO ARE YOU?” when Ms Puleiwai initially insisted that she would not instruct her officers to release Ms Malimali. Mr Bale had also stated that Ms Puleiwai, Mr Saumi and Ms Bokini-Ratu were committing “career suicide”.
In his cross-examination, Wylie Clarke conceded that Amani Bale had threatened the FICAC lawyers.
Ms Mason (Counsel Assisting) : “It’s actually threatening, really, isn’t it? You have to agree to that.
Mr Clarke: “Intimidatory. Bullying. I can’t disagree with that”.
Yet at no point does the record show the President of the Fiji Law Society defending FICAC lawyers from that intimidation and bullying.
FACT:
On the contrary, evidence was given that Wylie Clarke had participated in this intimidation.
Ms Mason : “Did you find Mr Clarke’s presence, words and actions intimidating and threatening?”
Ms Bokini-Ratu: ” Yes My Lord…we had taken two breaks. After the first break…when we went back in and Ms Puleiwai informed everyone present that we would continue with the arrest and get through our process, Mr Clarke sort of turned and said, you know, I wasn’t angry before. Now I’m very angry. I’m really angry about this. He started raising his voice from that point.”
The allegation of bullying and harassment against Wylie Clarke – coupled with the COI recommendation that he be investigated for obstructing and perverting the course of justice – are grave in the extreme and clearly warrant Clarke standing aside as FLS President while that investigation proceeds.
The COI – which is the equivalent of a royal commission in Australia and New Zealand – is a legally constituted Commission of Inquiry by a Supreme Court judge. Yet Justice Ashton Lewis’s recommendations are being buried – ignored – and Wylie Clarke is doubling down in his refusal to accept its findings.
Among other things, he has obtained supportive statements from the Commonwealth Lawyers Association and Law Asia – both of which Wylie Clarke has long been a member and office holder – without either legal body seemingly being aware of the gravity of the allegations against him (see below). And there is also strong evidence that Wylie Clarke is participating in a public relations campaign spearheaded by his friend of 30 years standing, Charlie Charters, to cast doubt on the credibility of Justice Ashton Lewis and the COI. (see previous stories)
In a remarkable double standard, Wylie Clarke – as President of the Fiji Law Society – issued a statement back in January insisting that Janet Mason – the Counsel Assisting the COI – stand aside following the revelation that she was being investigated for alleged administrative breaches by the legal regulatory authority in New Zealand. These were not criminal matters and had no bearing on Janet Mason’s work in Fiji. Yet now that Wylie Clark is facing criminal allegations in Fiji – and for a lawyer, perverting the course of justice is as bad as it gets – the President of the FLS doesn’t see himself bound by the same standard. Breathtaking hypocrisy in itself.
Some members of the Fiji Law Society – notably a past president, Dorsami Naidu – have openly criticised Wylie Clarke for his conduct on September 5 and not standing aside while the allegations against him are investigated. But so, far, “Wylie Coyote” is showing no signs of budging.
It is a shocking reflection of the state of the legal profession in Fiji that Clarke can continue as FLS President, just as it is a shocking reflection of the state of the judiciary in Fiji that Salesi Temo can continue as Chief Justice. And until they are removed, public confidence in both institutions has no chance of being fully restored.
Grubsheet urges members of the FLS to read the following extracts from the COI Report in relation to their President and form their own conclusions. But one thing is perfectly clear on the basis of this evidence. If the nation’s lawyers do not take a stand and insist that he step aside, they are clearly complicit in the actions of Wylie Clarke at FICAC on September 5 that were taken in their name and that have brought disgrace both to him and the legal profession as a whole.
To paraphrase the famous quote by the late Ratu Jone Madraiwiwi, silence is this instance IS acquiescence.
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And a final reprise…
On any reasoned examination of the evidence, how can Wylie Clarke possibly remain as Fiji Law Society President?
ANSWER:
He can’t. Unless the nation’s lawyers in private practice have also fallen to the same level of disrespect for the rule of law.
Mind you, it doesn’t stop the likes of Clarke being able to manipulate global opinion, let alone local opinion, in his favour.
Talk about a high level failure to conduct due diligence into the claims of the natives.
In the light of the evidence in the COI Report, who the hell are these people kidding?
Clean up your act, Fiji Law Society, before the world discovers the truth. And the credibility of each and every one of you is shot to pieces because of the conduct of your leadership.
Thank you GD for your excellent analysis. Fiji’s national media is totally incapable of such reporting.
I can still picture the posse of lawyers – Wylie Coyote’s “rescue party” leaving the FICAC office, looking so smug and full of themselves, as if they had accomplished something great, with the ‘Coyote’ in the lead. Fiji cannot thank GD enough for exposing these dirty rotten scoundrels out of the Law Society.
Under the so-called new order, what we have witnessed is the surfacing of the corruption in the system.
There is a very clear link between the rescued Finance Minister, Wylie Coyote, and his buddy, Richard ‘I have the means’ Naidu. It’s quite likely that they were colluding to save Baiman’s skinny ass.
Thanks to Baiman, Richard has lucrative deals for his clients like Fiji Water and a new contract with ASPEN. No wonder Wiley Coyote rescued Biman.
Biman and Richard Naidu are making hay while Rabuka and his PAP are napping.
Welcome to the change, Fiji. Enjoy it.
To digress slightly here’s more corruption in the national budget by the Baiman, exposed by Abel Caine to n his FB page:
“ // $10 million grant to 1 Yasawa company in 2025/2026 Budget //
Is this correct!?
Go to page 255 of the 2025/2026 Budget Estimates (https://www.finance.gov.fj/wp-content/uploads/2025/06/2025-2026-Budget-Estimates.pdf)
You will see $10m allocated to the Yasawa Tourism Marketing Cooperative.
From a June 2025 Fiji Times Article (https://www.fijitimes.com.fj/tourism-collective-a-success/) we see they have 10 members – so $1m each, that’s nice!
DPM visited the Cooperative earlier (https://www.fbcnews.com.fj/business/kamikamica-pushes-for-sustainability-in-cooperative/)
Yes, Yasawa needs to be marketed more than Denarau and the Mamanucas but then what about Kadavu Tourism, Namosi Highlands, Lau, the whole of Vanua Levu? Did the groups from those other regions “not” submit a good enough budget proposal?
I’m biased to Savusavu Community and hope they’d submitted.
Respectfully calling on the Hon. Manoa Kamikamica DPM to clarify?”
The lawyers are afraid of the Chief Justice and the Chief Registrar who controls the Legal Practitioners Unit so if they want to stand united they cannot. Their Practicing Certificantes will be affected. There is no courage in doing what is right.
GD,
Thanks for the expose. The picture painted in the COI report is farcical. To think that people pay this rabble or charlatans for legal advice is truly alarming.
The actions of Wylie Clarke, President of the Fiji Law Society (FLS), as detailed in the findings of the Ashton-Lewis Commission of Inquiry (COI), raise significant concerns about his adherence to the legal and ethical standards expected of his office. The events surrounding the “rescue party” at FICAC on September 5, 2024, and Clarke’s subsequent conduct, must be scrutinized to assess whether he has upheld the probity required of the FLS presidency.
Clarke convened and led a group of lawyers to FICAC to intervene in the arrest of Barbara Malimali, despite not being her legal representative and lacking legal entitlement to be present. This action alone demonstrated a disregard for legal protocols and the rule of law. During the intervention, the Chief Registrar, acting on behalf of the Chief Justice, communicated that no charges would be accepted against a government minister, an overt act of interference in the justice process. Clarke, present as FLS President, did not object or protest this violation, either at the time or subsequently. His silence amounted to tacit approval of the abuse of office and corruption witnessed.
Evidence, including testimony and a recorded exchange, shows that intimidation and bullying tactics were used against FICAC officers to dissuade them from proceeding with lawful arrests. Clarke admitted under cross-examination that such conduct occurred and was described as “intimidatory” and “bullying.”
Testimony from FICAC’s Manager, Legal Services, further implicated Clarke as an active participant in this intimidation. Clarke previously called for the recusal of Janet Mason, Counsel Assisting the COI, over unrelated administrative investigations, yet refused to step aside himself when facing much graver allegations of criminal conduct. This inconsistency undermines the credibility of his leadership and the FLS’s ethical standards.
Instead of addressing the substance of the allegations, Clarke sought support from international legal bodies and engaged in a campaign to discredit the COI, rather than transparently confronting the findings. As FLS President, Clarke had a duty to uphold the law, defend the integrity of legal processes, and protect the profession’s reputation. His actions and inactions, as detailed by the COI, constitute a breach of these responsibilities.
The ongoing presence of Clarke in office, despite credible allegations and a recommendation for investigation into obstruction and perversion of justice, erodes public trust in the legal profession and the justice system as a whole. The FLS’s credibility is directly tied to the conduct of its leadership.
Allowing Clarke to remain in office sets a dangerous precedent, suggesting that those in positions of authority within the legal system are above accountability, even in the face of serious allegations.
On the basis of the evidence and findings presented in the COI report,
Wylie Clarke’s actions fall significantly short of the standards of probity required of the President of the Fiji Law Society. His involvement in unlawful and intimidatory conduct, failure to object to blatant corruption, and refusal to step aside pending investigation collectively represent a grave breach of ethical and professional obligations.
Wylie Clarke should stand aside as President of the Fiji Law Society while the allegations are fully investigated. This step is essential to restore public confidence in the legal profession and to uphold the integrity of the FLS.
Failure to do so risks further reputational damage to both the Society and the wider justice system in Fiji.
The “rule of law “, if it exists in Fiji, requires Clarke, Temo and Bainivalu to step aside. How can anyone have faith in the judiciary or the Legal fraternity?
If anyone thought that Fiji had gone to the dogs with the last government? This government has gone to the wolves, hyenas and every possible slithering creature out there.
Biman this morning was heard on radio talking about having clear vision when it came to infrastructure development…mainly of hospitals. The only clear vision he had when FICAC was after him was when he looked down and saw the endless pit if he was to end up behind bars.
Every dog will have its day…only have to ask Bai that.
Fiji’s Justice System Stinks — And the Cover-Up Must End
The irregular appointment of Malimali, followed by a coordinated effort to shield her and Biman Prasad from legal consequences, is a clear abuse of the justice system. Those responsible — including the “rescue party” and all named by Justice Lewis — must go. No exceptions.
The situation is rotten. Allegation-laden individuals still preside over cases. Lawyers like Wylie Clarke, Amani Takayawa, Nemani Tuifagalele, Richard, and CR Bainivalu operate freely under political protection. Rabuka and Naiqama are complicit in delaying justice and keeping CJ Temo in place — despite serious concerns raised in the Commission of Inquiry.
This is not just political interference — it’s a full-blown institutional cover-up.
Everyone implicated must be suspended and investigated and not investigated while still in office.
GD, your factual summation of this scandal emanating from the COI report has been spot-on.
The jungle drums are beating on Fijian Government wanting to settle with Ms Malimali out of court for a sum of $2 million – does this have any legs?
If this is correct then essentially the CoI report is not worth the paper?
They HAVE offered Barbara Malimali a settlement. We need to find out how much and why she deserves a settlement offer in the first place. Because she stands accused of serious wrongdoing. She happens to be facing a raft of criminal charges arising from the COI and if convicted, could well wind up behind bars.
If it was $2-million, she should have taken the money and run. Because her court claim that the Prime Minister didn’t have the authority to sack her isn’t going to fly. Her appointment was illegal in the first place.
Only in Fiji, eh? I get appointed contrary to law, A Supreme Court COI finds evidence of gross misconduct, I get sacked and you (the taxpayer) pay me a lot of money to go away.
Nice for some, huh?
It’s hush money GD, no other explanation, she has more dirt on everyone than anyone !
Barbara will likely not take the entire $2m of public funds as the loot is expected to be shared with members of the “rescue” party as well as some high-level “outsiders”. All ethics gone from the FLS boss so everyone would want to have a slice of the keke, as GD would say.
This has to be the worst case of rewarding bad behaviour. She lies her way, illegally, into a job, gets found out and fired and is offered compensation???
The state needs to say No, do your worst, spend your last penny on Lawyers, we will defend this to the end. You lied many times on your application form to get this position, so we don’t owe you an apology. Go away and prepare your defence for the things we have proof that you did to get the job, that when taken to court and you are found guilty, you could well be incarcerated.
This is complete madness!!!
Yes, more to come on Grubsheet soon.
Everything and everyone in Fiji is a little twisted. Fiji is unique. It is God’s country.
The offer to Malimali and confession from R Rambo of bad legal advice is all based on an entitled sense of position and power under this Government derived from a mutant sense of the mana of Itaukei ethnonationalist support for their authority and leadership.
Nothing else matters. Not the law or fair play or natural justice or anything else. The spinning of false narratives and using the Vanua as justification has been the hubris on which generations of marginalised and disposable Itaukei poor have been sacrificed.
Generations of fat cats have lived off this narrative from chiefs to hangers on to large corporations and the cabals that they generate. As long as the Itaukei vote in cultural silence given Fiji demographics there is only going to be more of the same.