Individuals identified in the recent Commission of Inquiry (COI) regarding the appointment of Barbara Malimali to the Fiji Independent Commission Against Corruption (FICAC) are initiating civil court action to reclaim their reputations. This step follows the Office of the Director of Public Prosecutions’ (ODPP) announcement that it has dismissed all police investigations tied to the matter.
Richard Naidu, a prominent lawyer based in Suva, revealed that the ongoing judicial review aims to secure court declarations that the adverse findings presented by the COI were unjust and unreasonable. He also noted that he represented two clients at the COI and explained that some individuals, who are not his clients, are also pursuing similar challenges against the COI’s conclusions.
The COI’s report criticized both the actions and decisions of several individuals pertaining to Ms. Malimali’s appointment, recommending police investigations due to potential criminal offenses. Upon reviewing the relevant evidence, the ODPP determined that the conditions for criminal prosecution had not been satisfied. Mr. Naidu appreciated the ODPP’s decision to consult with respected Australian Kings Counsel, M Ian Lloyd, to ensure an independent review of the situation.
Despite the closure of criminal inquiries, Mr. Naidu emphasized that this does not conclude all legal matters resulting from the COI. The judicial review processes, which are civil in nature, will assess the legality and fairness of the COI’s findings, rather than focusing on criminal culpability. He noted that every commission is unique and suggested that this particular COI does not establish a wider legal precedent.
Naidu reflected on the uncommon nature of Commissions of Inquiry in Fiji, highlighting their valuable role in examining contentious events, educating the public, and identifying lessons for preventing future issues. He pointed out that the disputes surrounding the FICAC-related COI largely stem from the tumultuous unfolding of the inquiry itself, rather than the broader concept of such commissions.
The ongoing developments in this case illustrate the complexities involved when governmental investigations intersect with public perceptions and legal accountability, showing a commitment to resolve contentious issues through judicial scrutiny.
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