Chief Registrar Tomasi Bainivalu has warned Francis Puleiwai against undermining the integrity of his office. This caution came after Puleiwai, the former Acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC), filed a complaint against current FICAC Commissioner Barbara Malimali. The complaint pertains to the issuance of a Stop Departure Order (SDO) against Puleiwai, which she argues was improperly executed.
Bainivalu emphasized the need for respect towards the independence of the legal processes, particularly in accepting complaints about legal practitioners from the public. Puleiwai contends that Malimali’s actions on September 7, 2024, when the SDO was issued shortly after her departure for Australia, represented a serious violation of the FICAC Act 2007. She claims no investigation was underway against her at that time, making the SDO a misuse of authority designed to hinder her travel while a case was constructed against her.
Despite this, Puleiwai maintained that her actions were legitimate and within her rights, citing immunity from legal action based on the FICAC Act. She noted that the SDO remains active in the immigration system, despite alleged procedural missteps.
In response to Puleiwai’s complaint, Bainivalu criticized her for sharing her correspondence with various high-profile individuals, suggesting it disrespected the integrity of the complaint process. He asserted that her actions could undermine the seriousness of such complaints. Conversely, Puleiwai justified her approach as a means to ensure transparency and accountability, insisting that her complaint would receive the same careful attention as any other.
In addressing allegations of favoritism in investigations, Puleiwai expressed concern over the rapid progress on Malimali’s complaint against her compared to previous cases. She questioned the perceived discrepancies in how complaints are handled within the commission.
This situation highlights the complexities within Fiji’s legal framework and governance. As both parties engage in this exchange, it reveals the importance of maintaining respect for institutional processes while promoting accountability and transparency in public service.
Overall, it is essential for any legal framework to allow for scrutiny and the pursuit of justice, which ultimately serves to strengthen the democratic processes within Fiji. The unfolding dialogue between Bainivalu and Puleiwai may lead to clearer protocols and enhanced trust in the ability of institutions to manage complaints impartially.
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