Chaudhry calls on Acting CJ to investigate CR for alleged misbehaviour after pleading guilty to drunk driving

Chaudhry calls on Acting CJ to investigate CR for alleged misbehaviour after pleading guilty to drunk driving

By Rashika Kumar
Tuesday 05/12/2023

The Fiji Labour Party says they are concerned that the Chief Registrar Tomasi Bainivalu continues to hold a judicial office despite pleading guilty to a charge of driving with excess breath alcohol and this is sufficient evidence of admission of gross misbehaviour on his part which should give rise to the commencement of proceedings under Section 112 of the Constitution to investigate Bainivalu for misbehaviour and to deal with this accordingly.

In a letter to the Acting Chief Justice Salesi Temo on 8th November, Chaudhry is urging that the Judicial Services Commission begin the process for a tribunal to be appointed to investigate Bainivalu for misbehaviour, as it did in the case of former Chief Justice, the late Kamal Kumar.

He says FLP is also concerned at the rather lenient sentence imposed on Bainivalu, without a conviction being recorded, although he had pleaded guilty to the charge.

Bainivalu was sentenced in October by Chief Magistrate Waleen George, fined $300 and disqualified from driving for 90 days while a conviction was not recorded.

He says it is also rather disconcerting that the DPP has not seen it fit to appeal this sentence and that the Fiji Law Society has also remained silent on this issue.

Questions sent to the Office of the Chief Justice since last Thursday remain unanswered.

We have also sent questions to the Office of the Director of Public Prosecutions and the Fiji Law Society.

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