This is an abbreviated version of the contents of the Ashton-Lewis Commission of Inquiry Report into the Barbara Malimali affair. It is authentic – 100 per cent genuine and unredacted – with the names of those under scrutiny exposed.
Having published the various sections of the Report in full over recent days, Grubsheet is publishing this shorter version for the following reasons:
- So that those Fijians who have neither the time nor the means to read the full Report have access to its main findings.
- To counter the current campaign of disinformation that the Report isn’t genuine or is based on hearsay.
- To provide a handbook for the Fijian mainstream media of the main points and to encourage them to properly cover the findings instead of the current selective coverage that makes a mockery of the so-called new era of media freedom under the Coalition.
The Fiji Times – the nation’s traditional newspaper of record – is leading the attempt to cast doubt on the authenticity of what we are publishing in the following terms:
Grubsheet is not “social media” but an independent news website run by a multi-award winning journalist – me – with decades of experience reporting from throughout the world. But this is the insidious way elements of the mainstream media in Fiji are joining forces with the establishment to subvert the COI Report.
It is a conspiracy against you – Dear Reader – and a shocking betrayal of trust. Yet you have the power to thwart this unholy alliance by accessing the following material yourself and drawing your own conclusions. It is not fake news but arguably the most important judicial report in Fijian history.
To follow is the Executive Summary of the findings by the Supreme Court Judge, Justice David Ashton-Lewis, followed by the “Conclusions” of those eight chapters of the Report which have them, followed by “Possible Offences” arising from the Inquiry and finally the Judge’s final “Conclusions and Recommendations”.
This is what the Coalition government and some very powerful people – including sections of the media – don’t want you to see but which Grubsheet is publishing in the national interest after the Report has been withheld for seven weeks and counting. So read on…
Among the acronyms used: CJ is the Chief Justice, SG is the Solicitor General, CR is the Chief Registrar, AG is the Attorney General, JSC is the Judicial Services Commission, COC is the Constitutional Offices Commission, ECF is the Electoral Commission, ToR is the Terms of Reference of the Inquiry, FLS is the Fiji Law Society and PC is Practicing Certificate ( to act as a lawyer)
A full list of abbreviations below.
Chapters Two and Three are essentially history lessons and an overview of FICAC and its operations and contain no formal conclusions.
This is the original FICAC investigtion into Barbara Malmali’s conduct as Chair of the Electoral Commission and allegations of abuse of office.
This chapter deals with the appropriateness of Barbara Malmali being selected for the job of FICAC Commissioner.
What happened when Barbara Malimali was parachuted in over Francis Puleiwai.
In the coming days, the specific actions of Deputy Prime Ministers Manoa Kamikamica and Biman Prasad examined in detail. And what it means for both of them.
Have a great weekend.
POSTSCRIPT:
Here’s the full list of abbreviations in the Report for those who are having difficulty deciphering the acronyms that are the curse of officialdom in Fiji:
Transparency at best but accountability with or from our elected and administrative officials is very much pending.
A disappointing weekend for the anti-COI squad including Charlie, Wylie, Richylie et al.
Vinaka vakalevu, Graham, and you also have a good break over the weekend.
Let’s move straight onto chapter 7 and watch the rats run.
Hi GD
Thank you. Never read anything so damaging against so many people in my career to date!
Meanwhile, there are such a rich and diverse mixture of different ethnic groups in Fiji, such as Indians, Chinese and people from other racial backgrounds, who are all “Fiji citizens”, but, instead, the iTaukei led (Rolex Rabuka’s) gov’t seems to be hell bent on selecting and favouring their own iTaukei people to run important gov’t depts.
From the CoI findings, it seems clear that a vast majority of them were ill equipped or unqualified to run a corner shop, let alone important public bodies, thus leading from one disaster to another. I hope that the future gov’ts would recognise that giving favouritism of one race over another is unhealthy and potentially a recipe awaiting disaster. A balance workforce of all its citizens is good for the nation and its prosperity.
And on the front page of the Fiji Times today: “ Duo from PM’s office allegedly elope. Police investigate alleged affair involving PM staff”
Editorial judgement about what is newsworthy and what is not (let alone worthy of the front page!) is clearly lacking at our oldest and most venerated newspaper.
FT is becoming a tabloid paper.
What you need to do is summarise this in 240 secs video so people do watch it and understand – it’s too long and it’s like listening to Aiyaz talk, Manoa try and Rambo talk crap – do it mate – concise it and deliver for the normal Fijian who has no time to read this crap as he/she is waiting to deliver for the family table
OK, how about this:
“Oi, the fancy-talking Judge and sexy Miss Mason good, eh?
Temo, Mr Sweet, Baimann and Barbwire no good, eh?
Rambo and his Ratu trying to trick us, eh?
Take them to task, eh?
Vinaka vakalevu na veiqaravi. Now back to the rugby, eh?”
Will this do?
That is the best!!!
Well done GD!
Touche.
I may have missed it in the COI, but what has been said about those on the periphery of events.
The “periphery of events”? You mean the rest of the country?
No those pertaining to the COI, lawyers etc. Were any indicted in the report.
No-one has been indicted, in other words formally charged. It is a judicial investigation to identify possible wrongdoing so that formal investigations can then be conducted by the police and FICAC that might lead to charges of criminal conduct.
If you go to Chapter 7 ( Possible Offences ) there is a list of everyone the COI finds deserve formal investigation or action against them, including lawyers such as Wylie Clarke, the President of the Fiji Law Society.
Two lawyers have already been removed – Barbara Malimali herself because her appointment was unlawful in the first place and Graham Leung, the sacked attorney general for his mishandling of the entire affair. But the biggest fish that must be removed is the Chief Justice, Salesi Temo, who the COI also identifies in Chapter 7 as deserving of suspension for alleged unlawful conduct. And his position is consequently completely untenable.
Other lawyers such as Francis Puleiwai and Kuliniasi Saumi have been exonerated and praised for their integrity. Strongly urge you to read the whole document.
Incidentally the reason Grubsheet has published the names is that I received legal advice that it doesn’t prejudice future criminal cases because the presumption of innocence until proved guilty will apply if anyone is charged. As things stand, the individuals involved have been adversely mentioned in a Commission of Inquiry Report. But they still need to be investigated, charged and tried in the normal manner.
Vinaka GD
Thanks for an excellent abstract.
The CoI has adopted an unfortunate procedure of sprinkling its Report with abbreviations, which do not make for easy reading. Some of these are quite obscure – what on earth is a COC? In order to decode the abstract, it is necessary to refer back to the full report, somewhat defeating the purpose of the abstract. May I suggest a preliminary paragraph, listing all the abbreviations and their meanings?
The COC is the Constitutional Offices Commission.
In response to your comment, I’ve added the list of abbreviations in the full report, which is three pages long, at the conclusion of the edited extract.
There is also a brief list of acronyms in the intro to the piece which should suffice for most people with local knowledge in acronym-mad Fiji.
My apologies. The perils of having worked in the system and not sufficiently appreciating that it is gibberish to any sane person outside it. It used to drive me mad when I worked in Suva.
GD respectfully,
Does the Australian Military exercise oversight over their Australian political masters?
Despite the leaked COI report the Criminal Justice system OF FIJI will have to sort through the COI findings i.e. innocent until proven guilty threshold. The criminal test.
Those that appear to have betrayed Fiji deserve a fair hearing period. If proven guilty beyond reasonable doubt that is it.
Your Kangaroo court (no offense intended) of rousing public hysteria prematurely speaks volumes….. (and your bloody fart catchers) cannot sway us from the truth. If respectfully EQUAL CITIZENARY is indeed the will of the people of Fiji. Seek the views of every citizen of Fiji. Put it to the test.
If you are angling for a change in government through the COI debacle so that the 2013 Constitution is not changed. I pity you. I expected you of all persons given your illustrious pedigree to understand.
The COI is respectfully a sideshow…………. please share with us what is meant by EQUAL CITIZENSHIP. Is Fiji a communist country.
Try equal citizenship in say Tonga, Samoa, the Solomons. Vanuatu.
You championed a tyrant now you champion the cause of the so-called minority to obliterate the indigenous people of Fiji.
You should be ashamed of yourself, sitting pretty in Australia and meddling.
Please the authorities of our beloved Fiji can you please blot out the carousal that is DAVIS THE DECIEVER
One Kai valagi sitting pretty in safety trying to effect change. You are not an award-winning journalist. You are a meddling fool. Your arrogance is typical.
You will never understand the itaukei period.
O via Solia Mo ciqoma talega na rebuttals. And be a good sport publish it.
Your comment reeks of arrogance and entitlement. No iTaukei has the right to be above the law because of their ethnicity.
I am a Fiji-born Fijian citizen with the same rights as you under the 2013 Constitution. You want to remove those rights. You will be resisted.
Jope is another self-entitled ethno-nationalist arsehole with little appreciation of the role played by others in his salvation from his social station as a “kaisi bokola”. Through their sacrifice the chiefs were kept well fed !
@ Jope
A key difference between Fiji and Tonga, Samoa, Vanuatu and the Solomons which you choose to ignore, is that more kai valagi’s and kai loma’s died for Fiji in both World Wars than any other race including the i’taukei.
If you dont believe me, go examine the Roll of Honor at the National War Memorial in Veiuto. It may shake you out of grog-doped ignorance of Fiji’s history.
Their sacrifice is war forms part of the argument for equal citizenry that bigots like you choose to forget.
Surely you jest….equal citizenry in largely monocultural PICs that you picked is a joke and reveals your rabid racism that is not masked by a poorly thought out attempt to justify Taukei entitlement for racial discrimination.
“…please share with us what is meant by EQUAL CITIZENSHIP.”
Jope, thank you for asking the question. A quick internet search showed this answer from AI:
Equal citizenship means that all individuals within a nation are treated with the same rights, responsibilities, and opportunities, regardless of their background, status, or characteristics.
It’s the principle that every citizen is equally valued and has a rightful place in society. This includes equal access to the law, political participation, and social and economic opportunities.
Here’s a more detailed breakdown:
Equality before the law:
All citizens are subject to the same laws and legal processes, ensuring equal treatment under the justice system.
Political equality:
Citizens have equal rights to participate in the political process, including voting, holding office, and expressing their views.
Social and economic equality:
Citizens have equal opportunities to access education, healthcare, employment, and other social and economic resources.
Recognition and respect:
Equal citizenship implies that all citizens are recognized and respected as members of the political community, with their dignity and worth acknowledged.
Inclusivity and participation:
It emphasizes the importance of all citizens being able to participate fully in society and contribute to its development.
Equal citizenship is a foundational principle for a just and democratic society. It’s not just a legal concept but also a moral one, recognizing the inherent worth and dignity of every individual.
We live and learn.
Mr Wainiqolo, respectful, why do you even assume that equal citizenship needs to be discussed? Everyone born in Fiji and contributing towards the economy and wellbeing of the nation should assumed to be equal or should they not be?
This Jope fellow is quite likable to say the least, asking: “Does the Australian Military exercise oversight over their Australian political masters?“
No, Jope, perhaps not in the way Feejee is compelled to. Simply because Australia has had zero military coups (we’ve had four—not that we need reminding.
There is also zero chance Australia will ever have anything NEAR a coup ever.
Wish we would say the same about Feejee aye. The unique island paradise that we are.
Unfortunately, historical necessity dictates otherwise for Feejee to keep passing idiots in check—like going backwards to 1997.
GD
Jope has a point. There is only 2 people (Bai and Kai) who are biting their finger nails to get another chance. But no way. It must never happen.
It was you GD who exposed Bai and Kai and that costed them in the election. Your powerful insight and their true character send them packing out of politics and into the rubbish tin they went.
It is now you GD that is exposing the coalition’s current situation, so a pen remains mightier than sword.
Let democracy answer everything.
Oh, the irony! Take a break does not mean you take leave of your senses!
This here platform is one form of Democracy at play. If you feel democracy is only for some (the itaukei when it suits them) and that democracy is a foreign flower otherwise, then in all politeness, feck off from this forum.
This IS democracy at play. Who the feck are you to shut down and debate one way or thw other. Why must only your opinion count?
And if you’re a true democrat who are you to say “Bai and Kai” must never happen. Let democracy decide!
Many will be shocked, shocked, by the number of votes both JVB and ASK can command if you “let democracy decide.”
Just as democratic prossess decided the snake SLR to impose on all his brand of ethno-nationalist facism, so should the electorate have a chance to decide otherwise.
And look where ethno-nationalist politics has got us. One race is NOT superior to any other. Hitler would attest to that in hindsight.
Hitler, too, was elected.
Proof once and for all that elections are NOT the be-all and end all in a democracy.
Resistance, opposition, alternative opinions, debates, transparency, integrity, and care for all are as important as the ballot box.
Elections alone (often rigged) are not the one swallow that maketh the summer.
GD through his objective reporting buried Kai and Bai in the last election. Bai a convicted criminal with few more cases before the court still around. Kai still have several criminal cases pending for trial thanks to his lawyers milking money from hom by dragging all his cases back and forth from one court to another.
Yes fake Ilikimi Naitini democracy is for all, including your Bai and Kai but only after you come out of all criminal charges with non guilty verdicts.
It is getting obvious that Kai is mounting pressure through Bai with some links around to use COI as a big issue to avoid getting tried for his criminal charges through political disturbances. But people of Fiji including military knows all the tricks of Kai. In fact he has ran out of tricks and had no more ground to run any further.
Kai is not man enough unlike Bai to face criminal trial. If you have not have done anything wrong why avoid trials. Just go for trial and come out clean as not guilty. Simple. After that stand in elections and that’s democracy.
Take break, you’re over thinking this.
What do you think about the CJ? The former ficac commissioner?
The entire CoI and its findings?
You are muddying the waters to divert from the CoI report.
Fake George Speight put this in your thick head on my assertions below. And share the same with your cronies.
The COI is in public domain already. Hon.Justice Ashton Lewis has made it clearer that evidence adduced COI is not admissible during police investigations or for even criminal trial process for those individuals named in it. In other words police will have to again investigate on the sufficiency of evidence by getting proper evidence. In the COI, the test for evidence was on balance of probability. In criminal trials the test is higher which is all charges must be proven beyond reasonable doubt. Much of the evidence before COI were on hearsay evidence. The same hearsay evidence is inadmissible in criminal trials unless police gather other evidence such as documentary, confessions in caution interview or cogent circumanstial evidence. So one must not draw a conclusion of guilt based on COI report. Investigation is on foot so let’s not speculate.
We know one think for sure 💯 % – “Bai” and “Kai” live rent-free in all ethno-nationalists heads.
Even after they’ve departed the political theature 3 years ago!!
To all the ethno-nationalists friends (yes, friends, as in love of neighbor) out there, get a life.
CHECKMATE!
Dear Mr. Davis I understand. Au kerea mo nanumi Viti. O kemuni na luvei Viti. Na TURAGA NA NOMU NI I TUBUTUBU e tu taka na dina.
Au sa mai vosa bale tiko. Nii vosoti au.
Au nuitaaka me da veivosaki tiko vaka tagane.
We may not agree but we have to find a way forward together i.e. we cannot suppress the i taukei neither can we suppress those that have contributed so much to our beloved country.
EQUAL CITIZENSHIP Mr Davis e na sega ni rawa – keimami sa na bokoci na kawa i taukei.
We have got to find somenting that is unique to Fiji.
Ni kakua au kererere mo ni vaka nadakua na nomuni Vauna.
E daru veivosaki tiko e na ulutaga (nothing personal)
Ni kalogata tika na turaga, kei na nomuni matavuvale into infinity.
Jope Wainiqolo
Can you enlighten us on why equal citizenry is not possible?
And how does it erode iTaukei rights (bokoci na kawa i taukei) in your words?
No government or Constitution has taken away anything from the Itaukei. In fact, until the 2013 Constitution, all other ones had given ITaukei more rights over others.
And yet where are we today?
No one is suppressing the Itaukei.
You need to get out of your self entitled mentality and learn to achieve things through hard work.
You appear to have been brainwashed by the far right ethno nationalist propaganda that is used by iTaukei politicians to get into power and used by chiefs to maintain the feudal system that feeds them.
Please start using your brains and see what is really happening.
I would prefer to compete with others on an equal footing. Not given an unfair advantage.
I am an Itaukei and I am sad and embarrassed to see how Fiji has become a very racist place in the last few years.
I have always said the iTaukei are special people. Just imagine what the world would have been without the iTaukei. The vulagi will never understand. What I still do not understand is why they have taken up a vulagi religion and a vulagi God with so much passion. I am sure even they would not be able to explain. It is something unique seeing that they are now Israelites living in the Pacific. I am guessing it is God’s calling.
They have evolved very fast in the last 150 years. The rest of the world should do things the iTaukei way. It is not me who is saying this. Just ask the CJ, the PM and President and all those named in the COI Report. Ask all those living in villages and in the markets. These people are beacons of justice who should really be unleashed on the rest of the world to teach them the right way to do things. All you vulagis will never understand. It is already happening as thousands of iTaukei are leaving the country to spread the message to the rest of the world. Just imagine how improved the rest of the world would be if we had more people like Jope!
With that last reply from Jope , Grubsheet has begun to sound more like Facebook now where posts are in English but most of the comments are in iTaukei. Hope this doesnt become the norm on Grubsheet.
Yes, I wondered whether to disallow it but decided that what he said provides a lot of people who understand iTaukei with an important insight into the mindset of this person and others like him.
The wonderful thing about the COI Report is to find that proper conduct and integrity doesn’t have a racial element at all. We know that while some iTaukei have behaved extremely badly in terms of abusing their trust in official positions, others have taken a stand for integrity and good governance at considerable cost to themselves. Francis Puleiwai and Kuluniasi Saumi are just two of them.
So the iTaukei as a whole can be very proud of these people. They knew when they were standing up to wrongdoing that they would pay a terrible price in terms of the loss of their positions. But they still chose to do the right thing. They are the heroes of this squalid saga and deserve to be celebrated and warmly thanked by every Fijian for putting principle first.
The point is, all those legal people who were named in the COI are members of the ‘Fijian Indigenous Bar Association” (FIBA). What does that tell you of their standards Jope?
FIBA bar is set low to suit indigenous lawyer standards and mind set.
Ask the monasavu land owing unit why they STILL do not have the 52m they were awarded in, oh what, 2003/2005?
One landowning unit recently reported that they are getting paid a whopping $22.50 every sim months?!
Interest alone on 52m is making someone very rich, and it is not the landowners.
Good old FIBA members looking out for indigenous people.
There are definitely more I Taukei in government with integrity and believe in good governance.
These people are branded FFP stooges because of their stance.
This is how polarized (and racist) we have become. You are either a current Coalition supporter or an FFP supporter.
It is no longer about principles, integrity, good governance and obeying the rule of law.
Unfortunately, i do not see this changing anytime soon.
Let us just hope more iTaukei voters see what is really happening before the next elections.
@anonymous: “Let us just hope more iTaukei voters see what is really happening before the next elections.”
That will be a big ask with thin tin heads such as Take a break demonstrate over and over.
The likes of whom have so little understanding of equal citizenship that s/he equates it to communism. Krikey.
Beat an empty tin and hear the din from paid government lackeys who use taxpayer dime to pass judgment on others.
Conveniently dodging the obvious issues trying to play judge jury and prosecutor.
This mongoose says let the Jopes of this world write in their language (alneitt using vulagi alphabet).
Reason being, lets hear them out rather than shut down different opinions. Jope too needs a proper forum to say his piece-as much as one might disagree with alternative view points.
We need to keep the conversation going. We must agree to disagree with respect, passionate ly, even with rancor.
Let us together rattle the cage to let our so-called leaders know what people are expressing, and more importantly, how NOT to control free speech.
Sa vacava, dina se sega, Jope?
Jope is a proud idiot, just like the PM, the President, the CJ and others. In fact there are hundreds of thousands of others including all in the GCC who fall in the same boat. Just ask them.
It must be to do with iTaukei tradition and culture.
Unless someone has another explanation.
Jope writes in iTaukei using vulagi characters. He does not even realise it. He prays to a vulagi God and does not realise it. Every aspect of his life is vulagi including his underwear and he does not realise it. He is just too busy being an idiot.
Let me tell Jope something – you are not special in your own country. Everyone is special in every country. There is nothing unique about the iTaukei. They have a lot of idiots just like any other ethnic group.
The CoI report makes a mockery of the current government’s stand on transparency, accountability, integrity, and probity. The government should resign and hold early elections.