Fiji Labour Party Questions Legality of FICAC Commissioner Appointment

The Fiji Labour Party (FLP) criticized Prime Minister Sitiveni Rabuka for publicly commenting on the legitimacy of Barbara Malimali’s appointment as FICAC Commissioner before an inquiry has taken place. In a statement, the FLP claimed that Malimali’s appointment was illegal since she was under investigation by FICAC at the time. They argued that the Judicial Services Commission made an error by appointing her prior to her clearance from FICAC.

FLP Leader Mahendra Chaudhry stated that it is misleading to suggest that the appointment followed legal procedures. He expressed concern over the circumstances surrounding Malimali’s appointment, the motivations of those involved, and the recent resignation of Deputy Commissioner Francis Puleiwai.

Chaudhry indicated that the timing of the appointment seemed suspicious, potentially aimed at interfering with the work of an independent authority and preventing the arrest of Professor Biman Prasad on several charges related to filing fraudulent financial information with the Registrar of Political Parties.

He also expressed unease regarding the Prime Minister’s statement that the terms of reference and the appointment for the upcoming inquiry would be addressed in a Cabinet meeting next Tuesday. Chaudhry noted that several Cabinet Ministers are currently under investigation by FICAC due to complaints from the Registrar of Political Parties, highlighting a significant conflict of interest.

Chaudhry questioned whether these ministers should have the authority to shape the inquiry’s terms of reference and influence who is appointed to partake in it. He mentioned that the Prime Minister has guaranteed Puleiwai’s return to participate in the inquiry, but stressed that such an assurance cannot be made without the support of his ministers and others in government involved in the case.

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