The Commission of Inquiry (COI) is currently seeking legal advice from King’s Counsel (KC) regarding the potential suspension of FICAC Commissioner Barbara Malimali. This follows concerns about allegations that she may have intimidated a witness by dismissing him from her agency. The COI’s request for legal counsel is prompted by the Judicial Services Commission’s (JSC) determination that it lacks the authority to suspend Ms. Malimali.
The financial implications of this legal opinion have raised eyebrows, with the estimated cost for taxpayers around $15,000, which has drawn criticism from the public who deem it a “waste of money.” In defense of this expenditure, legal counsel for the COI, Janet Mason, emphasized the necessity of such advice for maintaining the integrity of the government and the justice system, stating, “For the Government to run, there’s a justice system… you can’t just shut your eyes and pretend it’s going to go away.” She also pointed out that the COI had considered other options before seeking this external legal counsel.
The COI is optimistic that the KC will support their position favoring Ms. Malimali’s removal, although it remains unclear how the COI will proceed if the legal opinion does not affirm the JSC’s ability to suspend her. Mason highlighted the importance of recalling witnesses connected to FICAC, mentioning that any inability to do so could compromise the integrity of the commission.
In related developments, the COI has postponed the conclusion of its hearings to the following week, primarily due to the extended questioning of final witnesses. This includes plans to recall several witnesses, notably Deputy Prime Minister Manoa Kamikamica, contributing to an increase in the hearing duration. Mason reaffirmed the COI’s dedication to thoroughness in its proceedings, reiterating that the commission is committed to upholding the highest standards of its investigative efforts.
As the situation unfolds, the need for transparency and accountability within the justice system remains paramount. The ongoing inquiry illustrates the challenges and complexities faced by institutions aiming to uphold public trust and ethical governance.
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