Asia-Pacific Network: 14 January 1999
MEDIA: FIJI TIMES AND JUDGE SLAM CHIEF MAGISTRATE
The Fiji Times brands the nation's Chief Magistrate, Salesi Temo, a "shamed man" after a judge raps his conduct in a controversial corruption case as appalling and an attempt to mislead the court. The following day, widespread public condemnation calls for some action to restore confidence in the judiciary.
SUVA: The Fiji Times today branded the nation's Chief Magistrate, Salesi Temo, a "shamed man" after a judge rapped his conduct in a controversial corruption case as appalling and an attempt to mislead the court.
The newspaper warned in an editorial that if the authorities did not take action over the Chief Magistrate, public confidence in Fiji's justice system would receive another damaging blow.
"For a High Court judge to be moved to describe the courtroom behaviour of any magistrate - let alone the Chief Magistrate - as 'appalling' and 'an attempt to mislead the court' is nothing short of a national disgrace," the paper said.
"But Justice John Byrne goes further still.
"The judge has found that Mr Temo's failure to control proceedings before him in the Ratu Ovini Bokini preliminary [corruption inquiry] hearing 'created an impression of bias in the mind of the reasonably informed observer'."
During the hearing on November 25, the Chief Magistrate allowed severe personal attacks against the Deputy Director of Public Prosecutions, Kenneth Wilkinson, by opposition counsel, and he then jailed the deputy director for contempt of court.
In his damning judgment, the Fiji Times reports, Judge Byrne found that Mr Temo deleted material from the transcript of proceedings in his own court, "the effect of which is to favour the respondent (accused)".
Ratu Ovini Bokini, a former Fiji Government minister, faces 32 counts of official corruption in the inquiry hearing.
Judge Byrne granted a stay on the preliminary hearing and found that the Chief Magistrate's conduct during the inquiry could appear to an informed observer that he was biased against Mr Wilkinson.
The stay order stands until an appeal by the Director of Public Prosecutions, Nazhat Shameem, against Mr Temo's decision not to disqualify himself from the hearing is dealt with.
The Fiji Times said in its editorial, the judge's finding was shocking.
"In plain language, the judge finds that the nation's Chief Magistrate doctored the official record to favour one side in proceedings before him."
The newspaper also highlighted the findings of the "damning" 19-page judgement:
The newspaper added: "Throw in Justice Byrne's very thinly-veiled allegation of racial bias on the part of Mr Temo and we have a picture of a court out of control."