Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of FICAC, Francis Puleiwai, to refrain from mimicking the actions of the Prime Minister, senior opposition figures, or members of the media when filing complaints against legal practitioners. In a confidential email obtained by FijiLive, Bainivalu emphasized the importance of respecting the autonomy of his office in managing public complaints.
Bainivalu expressed his concerns, stating, “I ask that you do not make a mockery of the legal system by copying all your complaints to the media, the Honourable Prime Minister, and senior members of the Opposition. I cannot understand that.” He reassured Puleiwai that her complaint would receive the same treatment as others, adding that there is nothing particularly special about her case.
The complaint in question involves an investigation into FICAC Commissioner Barbara Malimali for alleged misconduct related to the unlawful issuance of a Stop Departure Order. Puleiwai contended that Malimali’s actions appeared intentional, noting the absence of an ongoing investigation against her. She highlighted that under Section 10G(1) of the FICAC Act 2007, she has immunity from any criminal or civil action concerning her official acts. Furthermore, she pointed out that the Stop Departure Order remains active in the Immigration System and has not been revoked, despite noted procedural flaws.
This situation underscores an ongoing commitment to upholding legal integrity and proper procedures within Fiji’s legal system. It is imperative for all parties involved to respect the established processes to ensure fairness and impartiality.
Summary: The Chief Registrar of Fiji, Tomasi Bainivalu, has advised Francis Puleiwai against publicizing legal complaints, emphasizing the importance of maintaining the independence of the legal system. Puleiwai has raised concerns about FICAC Commissioner Barbara Malimali’s conduct related to a Stop Departure Order, which remains active, despite procedural issues. Both officials highlight the necessity of respecting legal protocols.
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