Former Deputy Commissioner of the Fiji Independent Commission Against Corruption, Francis Puleiwai, has formally requested an investigation into her successor, Barbara Malimali, for alleged misconduct concerning the issuance of a Stop Departure Order. In her letter to the Chief Registrar, Puleiwai argued that Malimali’s actions on September 7 lacked legal justification, as no ongoing investigation was present at the time, and the order was not served within the mandated 24-hour timeframe.
Puleiwai emphasized that the law clearly delineates the procedures associated with the issuance of such orders, claiming that Malimali’s actions deviated from these protocols. She expressed concerns that the Stop Departure Order was used to impede her travel while Malimali gathered evidence against her, a step she labeled as a misuse of authority.
Furthermore, Puleiwai stated that Malimali’s complaint filed with the Police is unlikely to succeed, asserting that her own actions on September 5 were conducted in good faith, adhering to her responsibilities under the FICAC Act 2007. She highlighted her legal immunity from any criminal or civil liability for those actions as per Sections 10G(1) of the Act. Puleiwai also pointed out that the Stop Departure Order remains active in the Immigration System, despite procedural errors, and noted Malimali’s failure to liaise with the Director of Immigration to annul the incorrect order.
FijiLive has sought comments from the Chief Registrar’s Office regarding this situation.
This situation illustrates the importance of clear legal guidelines within government agencies, ensuring that processes are followed rigorously to maintain integrity and accountability. It reflects the ongoing efforts to uphold the rule of law in Fiji, and with appropriate investigation and response, it could enhance the operational efficacy of the commission in the future.
In summary, Francis Puleiwai has accused her successor of misconduct in the handling of a Stop Departure Order, asserting that legal protocols were not followed and that her actions were in good faith, thus seeking a formal investigation.
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