Chief Registrar Tomasi Bainivalu has warned Francis Puleiwai against undermining the integrity of his office. This remark follows a complaint filed by Puleiwai against FICAC Commissioner Barbara Malimali regarding a Stop Departure Order (SDO) issued against her.
Puleiwai contends that Malimali’s actions violated Section 13(l)(e) of the FICAC Act 2007. According to Puleiwai, the SDO was issued shortly after her departure to Brisbane on September 7, 2024, which she claims showcases an overreach of authority, as it came with no ongoing investigation and was not served within the legally mandated 24-hour timeframe.
She stated, “The law clearly outlines the powers and processes that must be followed. However, Ms. Malimali issued the SDO without adhering to these legal protocols.” Puleiwai further argues that the order seems to have been employed to prevent her from leaving the country while Malimali prepared a case against her, which she believes is a misuse of power.
In response, Bainivalu urged Puleiwai to respect the independence of the complaints process and expressed concern over her decision to share her complaint widely with the media and government officials, implying this could disrespect the system’s integrity. He stated, “I kindly ask that you do not make a mockery of its system.”
Puleiwai defended her actions, stating her intention was to promote transparency and accountability. She emphasized that the Legal Practitioners Unit is meant to operate independently, regardless of the parties involved, and expressed her hope that her complaint would be addressed with the same seriousness as any other complaint.
Puleiwai also highlighted her immunity from criminal or civil actions related to her conduct on September 5, asserting that the SDO remains active despite alleged procedural errors. The ongoing situation presents complexities in the legal system, showcasing the need for due process and equality in handling complaints.
This scenario reflects the challenges faced in maintaining a balanced legal framework, emphasizing the importance of accountability and fairness. It’s hoped that through open communication and a commitment to justice, both Puleiwai and Malimali’s claims can be examined thoroughly, leading to a resolution that upholds the integrity of the legal system for all involved.
Leave a comment