As he indicated publicly last month, the prominent lawyer, Devanesh Sharma, has commenced proceedings on behalf of Frank Bainimarama and Aiyaz Sayed-Khaiyum challenging the prosecutions against them as unlawful on the basis that the Acting DPP, John Rabuku, was illegally appointed last October and his successor, Nancy Tikoisuva, is also not entitled to hold her position.
As we’ve explained previously, the action, if it succeeds, has the potential to call into question hundreds of decisions made by John Rabuku and Nancy Tikoisuva since Rabuku was appointed on October 10, 2023, and trigger unprecedented chaos in the criminal justice system.
The former Prime Minister and Attorney General are claiming a breach of their human rights, malicious prosecution and bias, along with their submission that the appointments of Rabuku and Tikoisuva breach the Constitution and any charges they have brought are invalid.
Today, we give Grubsheet readers front row seats at this important case by publishing some of the documents that have just been lodged with the court. They include Aiyaz Sayed Khaiyum’s comprehensive affidavit in support of his joint application with the ousted Prime Minister in the Magistrate’s Court . We have also obtained a copy of a letter the former AG sent on Monday to the President, Ratu Wiliame Katonivere, asking him to intervene and use his influence to uphold the rule of law.
It is a unique opportunity for Grubsheet readers to judge the merits of their arguments for yourself without the usual filter of mainstream media coverage. We’re constrained by space from including all the supporting documents. But we’re publishing an extract from one of the most critical of these – the finding by three Supreme Court judges back in June that John Rabuku wasn’t entitled to hold the office of Acting DPP because he had been found guilty of professional misconduct and the Constitution prohibits it.
That finding led to Rabuku’s removal as ADPP 12 days later but as we know, Nancy Tikoisuva brought him back as Deputy DPP last month in a decision that has sparked further controversy. If this application eventually succeeds, both of them will be gone.
Press on, Dear Reader – first the application, then Aiyaz Sayed-Khaiyum’s supporting affidavit, the Supreme Court finding on John Rabuku and the ousted Attorney General’s letter to the President on Monday. It is well worth wading through this treasure trove of documents to examine the merits of this case for yourself.
Now Aiyaz Sayed Khaiyum’s affidavit in support of the application….
Now an extract from the findings of the three Supreme Court judges that John Rabuku’s appointment as Acting DPP was unlawful.
And finally, Aiyaz Sayed Khaiyum’s letter to H.E the President 48 hours ago protesting, among other things, about the legality of Nancy Tikoisuva’s recent appointment of John Rabuku as Deputy DPP.
Now, folks, compare all of this to the coverage of this case in today’s (Wednesday) Fiji Sun and Fiji Times.
The Fiji Times devotes a great deal of space today to its 155th anniversary – the customary annual orgy of self-congratulation by Fred Wesley and his team. But they would do well as custodians of the nation’s traditional newspaper of record to do a lot more digging than celebrating.
I’m not a lawyer, but I think they have case here. Let’s wait and see.
Done and dusted GD. This is an open and close case. You can’t have a drug dealer presiding over another dealers case, that’s just simple and plain stupidity. But, that’s what we have at the moment. A bunch of clowns and idiots parading in the circus of the government of the day. Our overseas partners are either laughing or rubbing their hands in glee just waiting to pounce on the easy pickings that will be available after this debacle. Inia S would do this country some form of service by getting together a respectable group of individuals ready to take over from this rabble.
Rabuka’s Fiji. Back to the corrupt government like in 1987.
What ASK has written is all factual information. The JSC is compromised and the confidence of the public in the justice system and department has eroded significantly. It is a very worrying time for this nation. Every individual at grassroots must note this development and understand what this means for their safety in this country.
Every tourist and others visiting or investing in Fiji must be aware of the illegal activities of JSC in Fiji.
The President of Fiji has failed to uphold the Constitution and the law of the land. These are serious issues. We have become a laughed at nation in the region right now. The law students of other countries are using Fiji’s Rabuku case as a case study of basic what not to do.
Fijians have the right to ask the President of Fiji to stand down from his position immediately as he is failing to do his duty of care to the citizens of Fiji.
The law of the land is paramount and I am glad that someone is fighting this because we have no idea how many others have been targeted by Rabuku and his clowns and sent to prison. This is an act of unjust conduct and violence against humanity.
Thank you GD for this story. Nothing in the freedom media in Fiji. Good to read this and be informed of a corrupt Fiji here.
I am compelled to re-share this great poem:
Begin text:
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
—Martin Niemöller –end
Martin Niemöller’s poem was written as a reference to the Holocaust.
The lines argued against apathy –and for the need for moral correctedness of all peoples.
As used today, the lines powerfully resonate the lesson and notion that no one should be dehumanized, demonized, ignored, marginalized and not cared about—that everyone is deserving of attention and, indeed, equal protection under the law, and benefit from social, moral, and civic correctedness.
The poem teaches that it is to our peril, that we forget how connected and woven we all are, in the end.
Fiji belongs in the modern world and is party to civilized societal norms. These norms must be reflected in the nature of our politics, and must include duty of care, empathy and compassion.
The primary vehicle to achieve this required care of duty and good governance is following the rule of law and equal justice for all.
By our silence, we become complicit in the injustices, wrongs, and bigotry against any persons.
It feels like the literate days of Fiji when I read the letter by Khaiyum.
We miss educated people in this Coalition.
All we have is corruption to no end and this country will never recover from this tainted leadership of Rabuka and his nephew Rabuku. How fuc@en pathetic and disgusting of them both. Racist at best and appointing people illegally openly.
In Fiji, people don’t like to question the wrongs if their own are doing it. The nepotism and corruption is ok when it is indigenous peoples.
The president, another incompetent person, better step up or step down. He has failed this nation.
This is a huge problem for Fiji and I hope every Fijian is going to take time to read this and understand the gravity of corruption and harm Rabuku and JSC is inflicting on the people of Fiji.
With Tabuya flaunting her death sentences at the same time this is a volatile mix. They will take anyone down that they don’t want. A dangerous territory and shamelessly a useless President of our time.
All the useless USP law professors using this as a case study next year.
This is what Fiji produces for its legal system.
Dumb as lawyers who are racist and corrupt.
The whole system is broken.
I am grateful that someone in Fiji has the balls to challenge the system and the government. Bugger the Truth and Reconciliation Commission when they cannot do the basics right this very moment with illegally appointed officials in the JSC.
Thank you GD for bringing this information to light.
It is time for ASK to bring back a stronger party.
Can’t wait to see this coalition of thugs shown the door.
Fijians are tired. We have had a guts full of corruption and no confidence in this government.
There is no trust left and Khaiyum’s letter just proves this for ordinary Fijians. We cannot uphold the law in this country and this is sad by all standards.
Rabuku is just another sleazy and very unwise puppet. He will be used, abused, thrown to the dogs. Just watch.
Really you want ASK to come back. You are deluded.
I would rather him than the useless and the corrupt lot that is there now. Show me where ASK was corrupt.
500K gift to Aunty from Rewa Dairy money. Tax free bonus to former SOE of 60K. MOH tenders to friends without proper tender process. Have you been sleeping or smoking pot and getting high for the last decade.
Smoking pot… that’s your current Minister for Women and Churen of Fiji.
When you get to conviction then come and sing here.
Neel: kneel and keep sucking your ‘you come alone, eh’ hero
Happy Mongoose you can only hide behind a mongoose arse. Sucking may be your strong point. Your boss BHAIJAAN will be going in soon and you can suck him all you like.
Hahaha! The happy mongoose cooked your goose!! Hit a raw nerve did we? Lol! Keep sucking ‘come alone, eh’ hero!
FYI I’ve got no skin in the game–unlike you sucking the skin and all!!
A landmark case of the biggest corruption in Fiji.
Everyday humans vs the DPPs officers/ Office/Justice Sytem of the Country.
Oh Dear! Anyone else saw this day coming!
The shitshow is about to begin.
This is a fight for every Fijian in Fiji.
Let’s remember this within the history books of Fiji.
#grateful
#upholdthelaw
Just imagine if these events took place in Australia. Millions in compensation
The stock of Dev has soared as everyone can see what is happening. The DPP is political (bad sign) and other prominent lawyers are engaged in conflicts of interest to get $ for themselves and trashing their reputations (bad sign too). elite just making money and can abandon ship that they are sinking.
Very bad governance by lawyers who write big words but have manners of pigs at the trough.
You are right bro. GD is right too. Richard Naidu is there making money, all the other fallahs are masipolo-ing too not just the govt but judiciary too now. Under Temo all these things are happening. Many lawyers have sold their souls under this Govt.
We saw a comment by Ronald Gordon the lawyer on LinkedIn where he claimed ASK filing an application to intervene in the Supreme Court proceeding about Rabuku proved that he was the sole drafter of the Constitution. What nonsense. Anybody could have filed to intervene. In fact many lawyers should have but didn’t. They’re too lamu or busy sacking up to the Govt.
Ronald is Daniel Kim’s lawyer and Daniel remains in prison. Ronald doesn’t seem to have done much about how the Immigration Department has locked Kim, an immigration detainee in a normal prison. They are supposed to be kept in a Hotel like the Melanesian if Fiji doesn’t have dedicated permanent facilities. Even the Court of Appeal got fed up of Ronald and Jitoko finally tore into him in his last Ruling.
There are many Ronald Gordons in Fiji and many have commented here. They can’t even do the right thing and want to comment on the Supreme Court Ruling. Like some of my cousins in Australia would say, they’re all a bunch of wankers!
I am wondering which judge will preside over this case? Clearly the Acting Santa Claus can put a spanner in the works as he is a well known prejudiced and arrogant dickhead.
Don’t hold your breath because this is the new Fiji, this is the land of the iTaukei and they do what is ‘right’. Racism is an integral part of the culture and tradition. The vulagis are not coming back. The law will be changed and made up on the go to suit a predetermiend agenda. Stuff the Constitution. That is the attitude, just keep that in mind.
…I am wondering which judge will preside over this case?…
The real question is: does it matter who hears the case?
The “decision” on the case has already been made.
Hmmmm, I recall an earlier post about anarchy erupting in Fiji. Could be sooner than later folks. Let’s wait and see how these kalavata idiots control and manage this absolute scrap that’s about to begin.
Thank you GD, these days I get my news from you rather than the impotent Fiji press.The problem in Fiji is that the country is being run by a bunch of uneducated people. If the court rules against the government, do you think Rabuka will vacate his position quietly? Fiji is going to the dogs!
Laughing my ass off about this and the truth and reconciliation BS.
If any of this was genuine the current lot would not be behaving just the same as every other lot. Leading lawyers who pretend to be upstanding leaders rather than spivs with snout in trough refuse to explain their conflict
of interest. Fiji most successful company taking a giant piss on Fiji after taking all the water.
All rubbish. Fiji shows everytime new mob in power they only suit themselves. Fiji leaks revelations on Biman are a shocker! What the hell?
What an absolute cheat Biman is right now and we hear nothing about it in Fiji’s so called free media.
This government might as well take the cream on the cake for corruption.
Talking about TRC so hard that they think they will fool everyone everyday with that BS.
Will definitely be interesting case. Sit back, relax and bring the popcorn, watch the show unfold.
As long as the dictators were in prison, Fiji would be in peace. I did not see any problem with the justice system; it was far better than the FF government. Regarding those comments about the uneducated side of government, no!
The previous government blocked all sensitive and relevant information from the opposition; that’s why ASK always dominates the parliament because only he knows. He is not intelligent, he is evil.
Now, the evil will be heading towards its actual destination.
Obviously according to Jone this government is doing very well. The chief dictator is ok to be PM and free to screw the country and complete his unfinished business.
The current PM is not evil, he is an angel. The judiciary is doing a perfect job.
With prejudiced arrogance like this, people wonder why Fiji is where it is. People like this are not just blinded by prejudice and arrogance, they are totally oblivious to their racism. And then they go to church, totally unaware that they are idiots. Guess who are the evil ones and totally unaware! The vulagi should know their rightful place, isn’t that right Jone? Now go pray and fast.
ASK talked about all he did.
What was there to hide, Jone?
Can you explain and give examples of where you thought he kept information to himself.
Jone R is playing around. With himself.
Ratu! Interesting but conspiratorial take you have. No information was hidden by the previous Government. The opposition were just too lazy or thick to make contributions of any consequence.
Nonsense. Am no fan of Khaiyum but he kept his Ministry of Economy website stacked with information, policy statements, speeches and up to date economic statistics. Biman wiped thdt all out when he took over the portfolio. The only thing you will find on the Ministry website now are annual reports, nothing else. In fact since Statistics was added on to his portfolio Biman Prasad has made no innovation whatsoever on the statistics side of things. He has only made them more obscure.
Nothing will happen .
Government of the day is right as it was in last 16 years
Your prominent lawyer will not win any case GD.
Carve that on concrete .
Give them all some weed and to
chill out including the prominent .
GD for MOI. At least Fiji will be getting the hard core truth. Can’t see any of the current crop of clowns having the fortitude and integrity to lead and steer the nation.
Yes ofcourse appointment of DPP was illegal BUT
Justice system wasn’t .
There was a fair trial and both parties had go to presenttheir side of story.
There was a proven guilty verdict from prosecution.
Mr prominent lawyer accepted the guilty verdict and asked for leniency .
Case over full stop.
Challenging of legality of DPP is nothing to do with the case.
There was a trial .
Full stop.
What part of ILLEGALLY APPOINTED do you not get? Geez, are you guys ok? You had 3 high court judges declare an illegal appointment. It means he wasn’t qualified to be in that role. We not at a village canteen selling panikeke here.
Sanders while I agree with you that this Government and the independent agencies now at their disposal will do everything at their disposal to get or keep JVB and ASK in prison, I don’t agree with you that this is what it was like during their time in government. After all there was no political targetting of individuals through the courts.
Rabuka was charged and got off. Ficac did not make up evidence, the magistrates and judges and the chief justice were appointed legally. They werent told to or were leaned upon to rule in a particular manner.
Christopher Pryde was appointed legally.
Christopher Pryde was not disciplined just because he got rid of charges against Biman or because Pryde and Qiliho exchanged comments about it through press conferences.
There are many examples.
So let’s not like the Ratu above mess up our analysis by not recognising the facts.
Frankly if we are honest with ourselves, the current mob don’t care about the rule of law.
Mr Rule of law!
Here are what previous government had.
Ficac was their bulldog .
Military was their iron fist.
Police was their muscle .
Judiciary was their hammer
Now for current government,can you spot the difference.
One of course is there is no iron fist.
The military that cannot even uphold the Constitution right now and that didn’t even bark when the Constitution was challenged by having an illegally appointed DPP? Again, sa rauta na making up excuses for the corrupt people. Say it as it is.
Why do Fijians like to make belief!
Sanders, bro, that sounds all very clichéd.
But to indulge you for a bit…
If ficac was their bulldog then how come they botched up rabuka and imrana jalal’s husband’s cases or the magistrates and judges, their supposed hammer as you put it, didn’t do a stitch job.
If it was their bulldog then why was one of their own ministers charged and one of their own mps charged and is still serving time.
As some of us half caste fellahs say please enough mada.
Like here in Australia, all those agencies that you named do play their part independently as did the ones in Fiji, especially after the Constitution which came into being in 2013.
No government is perfect but us gang we prefer JVB and ASK any day because those guys treated everyone alike and had a vision, were smart and were principled. Not like the current lot.
Sanders enough brother! Kaila!
Brother rule of law
You leave in Australia.
Great
You are half caste fellahs than you guys are
hanging on the fence than.
Plus Rich was their financiers
One kind was their informers.
Sanders bit of prejudice and stereotyping coming out there bro.
Plus it appears like you are one of those, that never mind the facts, I will stick to my narrative that everything about the previous government was terrible.
The inability to see and speak the truth doused with prejudice and stereotyping and screwing a healthy economy is why Fiji is not in a good space since 24 December 2022.
Man! You spoil the vibe. No more kaila.
I bluff we always have to kaila.
What do you mean by a half caste hanging on the fence?
Awkward much.
Become a bit more civilised. It is 2024.
Sanders should go do a DNA test. Odds are he’ll find he is more Tongan than Melanesian Fijian, that would make him a half caste too.
There is no such thing as racial purity. Everyone is part something or other, it’s just how far you are prepared to dig.
Ask Mr Micky,he will explain to you better what hanging on the fence means ?
See for yourself what has happened after change of government.
Lande!
Kaila aye