The Fiji Labour Party says it is concerned that Chief Registrar Tomasi Bainivalu continues to hold judicial office despite pleading guilty to a charge of driving with excess alcohol in his breath.
Party leader Mahendra Chaudhry said the case raised grave questions about Fiji’s legal system and judicial administration.
“Labour wrote to the Acting Chief Justice Salesi Temo, on November 8 urging that the Judicial Service 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 said.
“Labour is also concerned at the rather lenient sentence imposed on Bainivalu, without a conviction being recorded although he had pleaded guilty to the charge.
“It is 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 which goes to the heart of the rule of law.
“Being a senior judicial officer with over 30 years’ service, Mr Bainivalu knew well that he should not have driven after consuming alcohol which gave rise to criminal proceedings against him.”
Mr Chaudhry also questioned why the matter was called in closed court.
“This is an anathema to open justice and the rule of law. There appears to be no compelling reason for it.”
Chief Magistrate Waleen George gave a non-conviction sentence to Mr Bainivalu on October 30 saying that a conviction might tarnish his image and affect his career.
Mr Bainivalu was fined $300 and disqualified from driving for 90 days.
The results of the evidential breath test showed that the blood alcohol content was above the permissible limit of 80 mg per 100 ml of blood, at 92.4 mg.
