FICAC’s Leadership Crisis: Allegations of Misconduct and Hasty Appointments

Former Acting Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Pulewai, has publicly addressed her departure and the contentious appointment of FICAC Commissioner Barbara Malimali for the first time.

From Australia, Ms. Pulewai expressed her disappointment in how her situation was managed, alleging that the institution she aimed to support attempted to “victimize” her for simply fulfilling her duties. “It was really disappointing to me to see that the very arm of Government I was hoping would uphold the rule of law and do the right thing were the very people who, I would say, victimized me for just doing my job,” she stated.

She added, “It appeared they were seeking a way to distance themselves from responsibility, choosing me as a scapegoat.”

Ms. Pulewai raised concerns over the quick appointment of Ms. Malimali while she was under investigation. “The main question is, why was the appointment rushed when the person appointed was still being investigated?” she questioned.

On August 28, Ms. Pulewai received word that Ms. Malimali was the chosen candidate for the FICAC Commissioner position. Concerned about the ongoing investigation against Ms. Malimali, she wrote to the President on August 30, urging caution regarding the endorsement of her appointment.

On September 3, she communicated with the Attorney-General about the situation, confirming an active investigation in her office and mentioning that it was nearing conclusion. However, despite the ongoing inquiry, Ms. Malimali was officially appointed on September 4 by President Ratu Wiliame Katonivere, following a recommendation from the Judicial Services Commission.

In light of the unfolding situation, the Attorney-General Graham Leung, Minister for Justice Siromi Turaga, and the Judicial Services Commission have all issued statements regarding the circumstances.

Ms. Pulewai noted that she was not informed when the Chief Registrar directed the Human Resources Manager to assemble staff for a formal introduction of the new Commissioner. “I thought, why didn’t they call me to inform me about this? It was done in a manner that was just not right,” she added. Some management members reportedly expressed concerns about having Ms. Malimali, who was under investigation, as their superior.

She insisted that if due diligence had been exercised regarding Ms. Malimali’s appointment, she would have accepted it without issue, asserting that the process was flawed due to the lack of communication about the investigation at hand.

In response to claims that Ms. Malimali was detained by FICAC following her appointment, Ms. Pulewai clarified that this was a misunderstanding. She explained that although her team was instructed to question Deputy Prime Minister Biman Prasad the next day, Ms. Malimali’s detainment only occurred after she declined an interview invitation.

Ms. Pulewai defended her actions, stating that as Acting Deputy Commissioner, she held equivalent authority to investigate and prosecute. She noted that the Prime Minister was unaware of Ms. Malimali’s resignation from the Electoral Commission prior to her appointment.

Regarding Mr. Prasad, Ms. Pulewai confirmed that charges had already been prepared, highlighting identifiable violations. “The beauty of fraud cases is that it is all documented. If something false is stated on paper, then it is a clear breach of the Political Parties Act,” she explained. She dismissed Mr. Prasad’s assertions that the accusations were “baseless,” insisting that the matter needs to unfold in court.

Ms. Pulewai addressed inquiries about the citizenship of the complainant, stating that complaints could be filed by anyone, regardless of their nationality or race. “The complaint we received was backed by documents and evidence. We treat all complaints equally because the public trusts the system when they file these reports,” she noted.

Expressing her views on the chaotic situation at FICAC, Ms. Pulewai called for increased transparency and accountability. “All this could have been avoided if they had paused the appointment and allowed us to conclude the investigation. It’s a mess,” she said, urging for a board of inquiry to investigate possible irregularities in the appointment process. She also reported receiving various threats since her exit, including an incident where a vehicle tire was punctured shortly before their departure to Australia. “I haven’t heard anything from the police, so we’ll just have to wait and see,” she added.

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