Attorney General, Graham Leung says this morning’s actions of FICAC, directed by Acting Deputy Commisioner Francis Puleiwai, in purporting to arrest the new Commissioner, Barbara Malimali, her superior, on the Commissioner’s first day in office, are severely open to question.
In a press conference, Leung says as he understands it, Puleiwai appears to have sanctioned the arrest of, and executed powers of arrest against Malimali.
He says he understands Malimali was physically detained.
Leung says he is aware that all 5 members of the Electoral Commission have written to the Judicial Services Commission expressing full confidence in the integrity to Malimali, and explained the context of the complaint against her for abuse of office.
The Attorney General says they say the complaint has no basis.
Leung says the Electoral Commissioners are persons of high repute and integrity.
He adds he believes it arose out of a misunderstanding of the Electoral Commission’s duty to be consulted by the Constitutional Offices Commission on the appointment of the Supervisor of Elections.
Leung says FICAC is constitutionally independent of the Office of the Attorney-General.
However, he says it is legally obliged to update and advise him from time to time on its activities under Section 115(9) of the Constitution and he is the Cabinet Minister with responsibility for FICAC.
Leung says he is not prevented from expressing his opinion on these events, given the central role of the Attorney-General in ensuring that the rule of law is followed in our country.
He says central to rule of law is that all public officials must respect the law and abide by it, and use their powers for proper purposes.
Leung stresses that Malimali was duly appointed yesterday by the President, on the advice of the Judicial Services Commission, as the law requires.
He says due process under the constitution has been followed and Puleiwai must respect that appointment.
The Attorney General says this matter is particularly sensitive since Puleiwai was herself an applicant for the position of Commissioner.
He says if Puleiwai has a problem with the appointment then, like every other public official or citizen, she has the right of access to the Courts.
Leung says yesterday, he received a copy of a complaint to the Judicial Services Commission from the Electoral Commission.
This concerned the execution by FICAC of a search warrant against the Electoral Commission two days ago, which FICAC, in a media release, said was in relation to investigations against Malimali. He says it is unclear why FICAC thought it fit to make a public statement on an ongoing investigation into a named individual, with the obvious reputational consequences for Malimali.
Leung says it is difficult to believe that FICAC could have taken all necessary steps to complete its investigations against Malimali in this two-day period.
He says it is difficult to believe that this morning’s actions are coincidental.
He says if they are not coincidental then there must be a question about whether, in taking them, FICAC, under the direction of Puleiwai, has exercised its powers for proper purposes.
Leung is concerned with a worrying trend in this country of maligning people based on rumours and innuendo.
He says trial and conviction by whispers are wrong and must stop as they run against the very grain of decency and fairness which is the foundation of a society ruled by law.
Leung stresses that at this point, Malimali is the Commissioner of FICAC and has the responsibilities and powers of Commissioner.
He says she is entitled to the presumption of innocence.
The Fiji Independent Commission Against Corruption conducted a search at the Electoral Commission relating to an ongoing investigation against Election Commission Chair Barbara Malimali.
Cabinet will discuss a paper next Tuesday for the establishment of a Commission of Inquiry into the recent issues surrounding FICAC, a terms of reference and the list of members that should be part of the Commission.
Prime Minister, Sitiveni Rabuka says it is important to take this step to ensure the credibility of the institutions are maintained.
Rabuka stresses that there will be no heavy handed approach from the government that he leads while responding to questions regarding the allegations of threats made by the Acting Deputy Commissioner of FICAC, Francis Puleiwai.
He says it is just speculation, he does not know whether Puleiwai reported anything to the Police, and he also noted that the ABC report was pulled down as they questioned the credibility of some of the information disclosed in the interview.
@fijivillage.com Rabuka
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The Commission of Inquiry into the legality of the appointment of Barbara Malimali as Commissioner of FICAC, says today’s FICAC statement appears to be an attempt by Malimali to quell commentary adverse to her, by various stakeholders, including the media, the implication being that such commentary will influence the Commissioner.
The Commission of Inquiry states the Commissioner, His Lordship Justice David Ashton-Lewis is a pre-eminent jurist having enjoyed an illustrious career in Australia, Papua New Guinea and Fiji.
They say he has been honoured by Her Majesty, the late Queen Elizabeth the Second, and His Lordship is certainly not susceptible to the “external pressure” which the FICAC statement refers to.
The Commission statement says Justice Ashton Lewis, and Counsel Assisting, Senior Counsel from New Zealand, Janet Mason have been and continue to undertake their appointment with strict adherence to the tenets of natural justice.
The Commission says as in any modern constitutional democracy, the existence of a Commission of Inquiry should not be held as a buttress against media freedom.
The Commission of Inquiry was not consulted by FICAC prior to FICAC releasing its statement.
FICAC is reminding the public to allow the Commission of Inquiry to carry out its work as it conducts its enquiries into the process of the appointment of the Commissioner of FICAC.
The commission says it is essential that the due process is respected and allowed to proceed without undue interference.
FICAC urges the public, including those in positions of authority, to refrain from trial by media, as this is not the appropriate forum for addressing such matters.
FICAC Commissioner, Barbara Malimali has chosen not to comment on the current situation, as she believes it would be undignified for her to do so.
The commission reassures the public that it continues to operate as normal.
It says under the current leadership of Commissioner Malimali, FICAC is functioning more efficiently than ever before.
Leader of Opposition, Inia Seruiratu says there is an immediate need for Barbara Malimali to resign or step down as Commissioner of FICAC so that the issue of alleged abuse of office, alleged intimidation of witnesses and the circumstances that led to the break-in at the FICAC office can be independently investigated by the relevant authorities.
Seruiratu says these issues require immediate action, and Malimali’s continued presence as FICAC Commissioner is unacceptable.
He says under Malimali’s leadership, FICAC has lost all credibility and public confidence in their mandate to fight corruption.
Seruiratu says they also have to address the unacceptable attitude of the Chief Registrar, Tomasi Bainivalu towards former Acting Deputy FICAC Commissioner, Francis Puleiwai.
He says Bainivalu’s remarks, warning Puleiwai not to make a “mockery” of his office, is repulsive.
The Opposition Leader says the people of Fiji deserve leaders who are above reproach.
He says we now have a burden to ensure that people appointed as leaders in constitutional appointed bodies are of the highest moral calibre.
We have sought comments from Prime Minister, Sitiveni Rabuka and Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo.
They are yet to respond.
FICAC is reminding the public to allow the Commission of Inquiry to carry out its work as it conducts its enquiries into the process of the appointment of the Commissioner of FICAC.
The commission says it is essential that the due process is respected and allowed to proceed without undue interference.
FICAC urges the public, including those in positions of authority, to refrain from trial by media, as this is not the appropriate forum for addressing such matters.
FICAC Commissioner, Barbara Malimali has chosen not to comment on the current situation, as she believes it would be undignified for her to do so.
The commission reassures the public that it continues to operate as normal.
It says under the current leadership of Commissioner Malimali, FICAC is functioning more efficiently than ever before.
Leader of Opposition, Inia Seruiratu says there is an immediate need for Barbara Malimali to resign or step down as Commissioner of FICAC so that the issue of alleged abuse of office, alleged intimidation of witnesses and the circumstances that led to the break-in at the FICAC office can be independently investigated by the relevant authorities.
Seruiratu says these issues require immediate action, and Malimali’s continued presence as FICAC Commissioner is unacceptable.
He says under Malimali’s leadership, FICAC has lost all credibility and public confidence in their mandate to fight corruption.
Seruiratu says they also have to address the unacceptable attitude of the Chief Registrar, Tomasi Bainivalu towards former Acting Deputy FICAC Commissioner, Francis Puleiwai.
He says Bainivalu’s remarks, warning Puleiwai not to make a “mockery” of his office, is repulsive.
The Opposition Leader says the people of Fiji deserve leaders who are above reproach.
He says we now have a burden to ensure that people appointed as leaders in constitutional appointed bodies are of the highest moral calibre.
We have sought comments from Prime Minister, Sitiveni Rabuka and Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo.
They are yet to respond.
Prime Minister Sitiveni Rabuka confirms the Commission Of Inquiry terms of reference into the FICAC related matters have been drafted and will be available soon.
Rabuka told fijivillage News earlier that if FICAC Commissioner, Barbara Malimali feels that her staying on in the position would be interfering with the investigation of the Commission of Inquiry, then she is a senior lawyer and she should know what is in the best interest of everyone.
He says the normal process is a person carries on if that person is under investigation but once you are charged, you step down.
Rabuka says he will ensure the terms of reference covers the serious allegations regarding the FICAC Commissioner appointment, the pending investigation against the Commissioner and some of the cabinet ministers.
When asked on what happens to the issue of alleged interference by some cabinet ministers where former Acting Deputy FICAC Commissioner, Francis Puleiwai claimed that she was being contacted by some ministers whether they also had complaints against them, and what happens to the cabinet ministers, Rabuka only said he will ensure all the matters are covered in the terms of reference for the Commission of Inquiry.
@fijivillage.com Prime Minister Sitiveni Rabuka confirms the Commission Of Inquiry terms of reference into the FICAC related matters have been drafted and will be available soon.
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Prime Minister, Sitiveni Rabuka says if the FICAC Commissioner, Barbara Malimali feels that her staying on in the position would be interfering with the investigation of the Commission of Inquiry, then she is a senior lawyer and she should know what is in the best interest of everyone.
Rabuka says the normal process is a person carries on if that person is under investigation but once you are charged, you step down.
When asked by fijivillage News, Rabuka says the steps to be taken for the Commission of Inquiry have to be urgent.
He says he will ensure the terms of reference covers the serious allegations regarding the FICAC Commissioner appointment, the pending investigation against the Commissioner and some of the cabinet ministers.
When asked on what happens to the issue of alleged interference by some cabinet ministers where former Acting Deputy FICAC Commissioner, Francis Puleiwai claimed that she was being contacted by some ministers whether they also had complaints against them, and what happens to the cabinet ministers, Rabuka only said he will ensure all the matters are covered in the terms of reference for the Commission of Inquiry.
Stay with us for developments.
Click here for more FICAC Saga stories : https://www.fijivillage.com/indepth/Barbara-Malimali-under-investigation-by-FICAC--x8f54r/
To ensure fairness, transparency, and good governance, I propose that this Commission of Inquiry be established after this week’s parliamentary sitting.
That is the statement from the Leader of the Opposition, Inia Seruiratu after the serious allegations by former Acting Deputy FICAC Commissioner, Francis Puleiwai that there has been ministerial interference in FICAC.
Seruiratu says this is of great concern and must be addressed.
He says he agrees with the Prime Minister that this needs to be investigated, and an independent and impartial Commission of Inquiry is needed.
The Opposition Leader says this Commission may include Judicial Officers, Members of Parliament, and the top legal minds from the private sector, provided they are not under any pending investigation, and most importantly, they must all be impartial, do not have any conflict of interest with the matters under consideration, and follow the law of the land.
Seruiratu says the allegations are severe and attack the heart of good governance and democracy.
He says he can only hope that Francis Puleiwai will be available to explain her allegations, and that those implicated are given the chance to defend themselves.
The Opposition Leader says we are at the crossroads for our beloved nation and they as representees of the people of Fiji, need to do their utmost best to get to the bottom of these allegations and work hard to bring back the trust of the people.
Prime Minister, Sitiveni Rabuka states that a Commission of Inquiry is the most appropriate and impartial means to address allegations surrounding the work of FICAC.
The Prime Minister says an independent commission would be better positioned to address the issues raised by Puleiwai, particularly those involving alleged ministerial interference in FICAC investigations.
Rabuka says if such an inquiry determines that there was indeed undue interference, the due process recommended by the Commission of Inquiry will have to be carried out.
Puleiwai has raised the question why Barbara Malimali was appointed as FICAC Commissioner when she was still under investigation by FICAC in relation to a complaint against her as Chair of the Electoral Commission, how the Prime Minister was unaware as the Chair of the Constitutional Offices Commission that Malimali had resigned as Chair of the Electoral Commission, some Managers of FICAC raising concerns on why Malimali was appointed when she was still under investigation, the planned charges against Deputy Prime Minister Professor Biman Prasad, allegations that some ministers were calling Puleiwai asking whether there were any complaints against them and the alleged threats made to her and allegations of her vehicle tyre getting slashed.
FICAC is yet to provide an update on the investigation regarding some of the cabinet ministers.
Malimali’s case has been referred to the Office of the Director of Public Prosecutions.
Deputy DPP, John Rabuku has assessed the file and referred it to the Director CID for further investigations as the investigation is incomplete.
Professor Biman Prasad had earlier said that he had referred the issue of Puleiwai sending letters that he would be charged soon, to his lawyers.
Stay with us for developments.
Prime Minister, Sitiveni Rabuka states that a Commission of Inquiry is the most appropriate and impartial means to address allegations surrounding the work of FICAC.
Rabuka was responding to questions regarding an interview given to overseas media by former Acting Deputy Commissioner of FICAC, Francis Puleiwai.
The Prime Minister says an independent commission would be better positioned to address the issues raised by Puleiwai, particularly those involving alleged ministerial interference in FICAC investigations.
Rabuka says if such an inquiry determines that there was indeed undue interference, the due process recommended by the Commission of Inquiry will have to be carried out.
He says there have been no changes to the laws that govern FICAC, and reiterated that government must, and will continue to respect the law.
On allegations that Puleiwai had been threatened, the Prime Minister has condemned any such threats if indeed such threats were made.
He also clarified that he had not been made aware of any such threats, nor had these been reported to him, or to the Fiji Police.
Puleiwai has raised the question why Barbara Malimali was appointed as FICAC Commissioner when she was still under investigation by FICAC in relation to a complaint against her as Chair of the Electoral Commission, how the Prime Minister was unaware as the Chair of the Constitutional Offices Commission that Malimali had resigned as Chair of the Electoral Commission, some Managers of FICAC raising concerns on why Malimali was appointed when she was still under investigation, the planned charges against Deputy Prime Minister Professor Biman Prasad, and the alleged threats made to her and allegations of her vehicle tyre getting slashed.
FICAC is yet to provide an update on the investigation regarding some of the cabinet ministers.
Malimali’s case has been referred to the Office of the Director of Public Prosecutions.
Deputy DPP, John Rabuku has assessed the file and referred it to the Director CID for further investigations as the investigation is incomplete.
Professor Biman Prasad had earlier said that he had referred the issue of Puleiwai sending letters that he would be charged soon, to his lawyers.
Stay with us for developments.
The investigation file of FICAC Commissioner, Barbara Malimali has been sent by the Office of the Director of Public Prosecutions to the Director CID as the investigation was incomplete.
The Office of the DPP says the file was sent to the CID with recommendations to complete the investigation.
Once the investigation is completed, the file will be returned to the Office of the DPP for a formal analysis of all the evidence.
The matter was looked into by the Deputy Director of Public Prosecutions, John Rabuku in consultation with the Acting DPP, Nancy Tikoisuva.
An update on the outcome of the review of the file will be made once the completed investigation file is received by the Office of the DPP and a decision has been reached.
The matter under investigation is in relation to a complaint against Malimali when she was the Chair of the Electoral Commission.
Prime Minister, Sitiveni Rabuka is weighing up the option of a Board of Inquiry into issues at FICAC which include the appointment of Barbara Malimali, resignation of Francis Puleiwai as Acting Deputy Commissioner and the way investigations are being handled.
While speaking to fijivillage News, Rabuka says he has been weighing the option to have a Board of Inquiry and is in the process of talking to lawyers outside the government.
He says he is looking into this because these matters are attracting interest and creating divisions in our communities, and affecting confidence in individuals and groups.
Rabuka stresses one of the best ways to dispel rumours is to establish whether there is enough evidence to form a prima facie case for prosecution.
He says the Courts decide the rest - to convict or to dismiss the allegations.
fijivillage News also questioned Rabuka on what is his stand regarding the FICAC investigations against some of the cabinet ministers and even comments whether the complaints filed against some ministers are genuine or frivolous in nature.
Rabuka says on this one, the Agency receiving the report decides after initial consideration, whether the matter needs to be investigated to establish whether there is a prima facie case to be thoroughly investigated with a view to establish a prosecution attempt.
Meanwhile FICAC is yet to confirm whether the new FICAC Commissioner, Barbara Malimali remains under investigation for alleged abuse of office when she was the Chair of the Electoral Commission.
New FICAC Commissioner, Barbara Malimali
When questioned on the investigation against Malimali and other complaints against some ministers, FICAC replied that as it is the first couple of days for Malimali as Commissioner, FICAC will treat every complaint, regardless of who the subject person is, with the scrutiny it deserves.
We have also asked what is the nature of the allegation, and has FICAC analysed the complaint and determined whether they are genuine or frivolous in nature.
fijivillage News has asked the same about the complaints against the Ministers and questioned what is the delay.
We are waiting for FICAC’s response.
Police are also investigating former Acting Deputy Commissioner, Francis Puleiwai after a complaint of alleged abuse of office filed by the new FICAC Commissioner, Barbara Malimali.
Opposition MP, Jone Usamate says the public deserves to know who instructed the then Acting Deputy Commissioner Francis Puleiwai not to pursue formal charges against Professor Biman Prasad.
Professor Prasad has said he has referred the matter to his lawyers relating to Puleiwai’s actions.
FICAC is yet to confirm whether the new FICAC Commissioner, Barbara Malimali remains under investigation for alleged abuse of office when she was the Chair of the Electoral Commission.
When questioned on the investigation against Malimali and other complaints against some ministers, FICAC replied that as it is the first couple of days for Malimali as Commissioner, FICAC will treat every complaint, regardless of who the subject person is, with the scrutiny it deserves.
We have also asked what is the nature of the allegation, and has FICAC analysed the complaint and determined whether they are genuine or frivolous in nature.
fijivillage News has asked the same about the complaints against the Ministers and questioned what is the delay.
We are waiting for FICAC’s response.
Meanwhile Malimali has filed a police complaint of alleged abuse of office against the former Acting Deputy Commissioner, Francis Puleiwai.
Police are investigating the matter.
Opposition MP, Jone Usamate says the public deserves to know who instructed the then Acting Deputy Commissioner Francis Puleiwai not to pursue formal charges against Professor Biman Prasad.
Professor Prasad has said he has referred the matter to his lawyers relating to Puleiwai’s actions.
The Fiji Independent Commission Against Corruption conducted a search yesterday at the Electoral Commission relating to an ongoing investigation against Election Commission Chair Barbara Malimali.
Malimali is under investigation by FICAC for alleged abuse of office.
FICAC reiterates that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
Fiji Labour Party Leader, Mahendra Chaudhry has strongly denounced what he calls the ‘underhanded manner’ in which the appointment of Barbara Malimali as Commissioner FICAC is being processed while she is under active investigation by FICAC for alleged abuse of office as the Chairperson of the Electoral Commission.
In a statement, Chaudhry claims they are aware of alleged undue pressure applied on the Acting Assistant Commissioner of FICAC, Francis Puleiwai to desist from charging a number of Ministers.
However the Acting Deputy Commissioner, Francis Puleiwai has rejected this claim, saying no one has asked her to stop the investigations.
The FLP Leader says they will fight this alleged abuse of authority and power to protect some, and call on the Prime Minister to intervene and let FICAC complete its work on these reported cases.
Chaudhry says he had sent an email to the Prime Minister in whose absence this underhand move was being made.
Meanwhile Electoral Commission Chairperson, Barbara Malimali has been appointed the Commissioner of FICAC.
FICAC confirms the appointment was done through the Judicial Services Commission and signed off by the President, Ratu Wiliame Katonivere.
FICAC has confirmed it is conducting an investigation against Malimali for alleged abuse of office.
FICAC confirms they had conducted a search yesterday at the Electoral Commission.
They reiterated that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
We have sent questions to Prime Minister Sitiveni Rabuka and Chair of the Judicial Services Commission Acting Chief Justice Salesi Temo.
We are also trying to get Malimali’s comments.
Acting Deputy Commissioner of FICAC, Francis Puleiwai says Electoral Commission Chairperson, Barbara Malimali is still under investigation by FICAC although she is coming in as the FICAC Commissioner.
Speaking to fijivillage News, Puleiwai also confirms that they are proceeding with the investigation relating to some of the Ministers.
She stresses there has been no undue pressure applied on her to desist from charging a number of Ministers.
Puleiwai says she has not been asked to desist, as of today, and she was just informed this afternoon that Malimali was appointed by the President.
She says the complaints with FICAC against some of the Ministers are still ongoing.
The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position.
Fiji Labour Party Leader, Mahendra Chaudhry has strongly denounced what he calls the ‘underhanded manner’ in which the appointment of Barbara Malimali as Commissioner FICAC is being processed while she is under active investigation by FICAC for alleged abuse of office as the Chairperson of the Electoral Commission.
In a statement, Chaudhry claims they are aware of alleged undue pressure applied on the Acting Assistant Commissioner of FICAC, Francis Puleiwai to desist from charging a number of Ministers.
However the Acting Deputy Commissioner, Francis Puleiwai has rejected this claim, saying no one has asked her to stop the investigations.
The FLP Leader says they will fight this alleged abuse of authority and power to protect some, and call on the Prime Minister to intervene and let FICAC complete its work on these reported cases.
Chaudhry says he had sent an email to the Prime Minister in whose absence this underhand move was being made.
Meanwhile Electoral Commission Chairperson, Barbara Malimali has been appointed the Commissioner of FICAC.
FICAC confirms the appointment was done through the Judicial Services Commission and signed off by the President, Ratu Wiliame Katonivere.
FICAC has confirmed it is conducting an investigation against Malimali for alleged abuse of office.
FICAC confirms they had conducted a search yesterday at the Electoral Commission.
They reiterated that it was not a "raid", however, it was a formal process of FICAC investigation, where their investigators uplift documentation required via the authority of a search warrant.
We have sent questions to Prime Minister Sitiveni Rabuka and Chair of the Judicial Services Commission Acting Chief Justice Salesi Temo.
We are also trying to get Malimali’s comments.
There is confirmation this morning that newly appointed FICAC Commissioner, Barbara Malimali is currently being questioned by FICAC.
fijivillage News has received confirmation that Malimali is in custody and being questioned from earlier this morning in relation to a complaint of alleged abuse of office.
The office of the Electoral Commission was also searched for documents earlier this week.
Malimali is also the Chairperson of the Electoral Commission.
Acting Deputy Commissioner of FICAC, Francis Puleiwai confirmed to fijvillage News last night that Malimali is still under investigation by FICAC although she is coming in as the FICAC Commissioner.
Puleiwai also confirms that they are proceeding with the investigation relating to some of the Ministers.
She stresses there has been no undue pressure applied on her to desist from charging a number of Ministers.
Puleiwai says she has not been asked to desist, as of today, and she was just informed yesterday afternoon that Malimali was appointed by the President.
She says the investigation into complaints with FICAC against some of the Ministers are still ongoing.
The FICAC Commissioner’s vacancy was advertised earlier this year and Puleiwai confirms that she had applied for the position.
We have sent questions to Prime Minister, Sitiveni Rabuka and Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo. They are yet to respond.
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