Fiji Labour Party Questions Legality of FICAC Appointment

The Fiji Labour Party (FLP) has criticized Prime Minister Sitiveni Rabuka for publicly commenting on the legitimacy of Barbara Malimali’s appointment as Commissioner of the FICAC prior to an investigation into the matter.

In a statement, the FLP asserted that Malimali’s appointment was unlawful, especially given that she was under investigation by FICAC at the time. They argued that the Judicial Services Commission acted improperly by appointing her before she was cleared by FICAC.

FLP Leader Mahendra Chaudhry stated that it is misleading to suggest that her appointment adhered to legal standards. He expressed concerns regarding the circumstances surrounding Malimali’s appointment, the intentions of those involved, as well as the resignation of Francis Puleiwai from his role as Deputy Commissioner.

Chaudhry noted that the timing of the appointment seemed designed to impede the operations of an independent authority and potentially obstruct the anticipated arrest of Professor Biman Prasad over allegations of providing false financial information to the Registrar of Political Parties under the Political Parties Act.

The former Prime Minister also voiced unease over the Prime Minister’s announcement that the details regarding the inquiry would be discussed in the Cabinet next Tuesday. He highlighted that several Cabinet Ministers were implicated in a FICAC investigation stemming from complaints filed by the Registrar of Political Parties, raising serious concerns about a conflict of interest in the inquiry’s proceedings.

Chaudhry questioned whether these ministers should have the authority to set the terms of reference for the inquiry or influence the appointment of its members. He pointed out that while the Prime Minister has assured Puleiwai’s safekeeping should she return to Fiji to partake in the inquiry, Chaudhry emphasized that such assurances depend on the support of the Prime Minister’s ministers and other relevant government bodies involved in the situation.

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