Francis Puleiwai, the former Deputy Commissioner of the Fiji Independent Commission Against Corruption, has formally requested the Chief Registrar to direct the Legal Practitioners Unit to probe into the actions of her successor, Barbara Malimali. In her letter, Puleiwai alleges misconduct concerning the unlawful issuance of a Stop Departure Order against her.
Puleiwai asserts that on September 7, Malimali’s decision to issue the order appeared premeditated, particularly since there was no active investigation ongoing at that time. She highlights that the Stop Departure Order was not issued within the legally mandated 24-hour timeframe and claims Malimali’s actions violate established legal protocols.
Puleiwai contends that the order was aimed at hindering her ability to leave Fiji while Malimali prepared a case against her, describing this as a misuse of authority. She is confident that Malimali’s complaint against her, made to the Police, will be unsuccessful, given that her actions on September 5 were performed in good faith under the protections of the FICAC Act 2007.
Additionally, Puleiwai raises concerns that the Stop Departure Order remains active within the Immigration System, despite the identified procedural errors, and criticizes Malimali for not taking appropriate steps to rectify the situation.
As this situation unfolds, it highlights important aspects of governance and accountability within Fiji’s anti-corruption framework. It serves as a reminder of the vital importance of upholding legal standards and procedures within public service to maintain trust and integrity in institutions.
This case also underscores the potential for resolution through proper channels, indicating that due process and adherence to law can lead to a fair outcome. As investigations progress, there may be an opportunity for clarity and improvement in the functioning of Fiji’s legal and governance systems.
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