The Office of the Director of Public Prosecutions (ODPP) has announced the completion of its review of all files related to the Commission of Inquiry (COI) that were submitted by the Fiji Police Force for legal advice. Last year, the ODPP received a total of 12 files, including one concerning the case of State v Barbara Malimali, which was previously closed with the decision not to proceed due to a lack of sufficient evidence.
The ODPP has now reviewed the remaining 11 files, with outcomes and summaries expected to be returned to the police later this week. The complaints largely originated from allegations against Malimali that arose during the COI, resulting in various complaints and cross-complaints involving public officials and senior legal professionals.
Given the sensitivity of these matters and the public interest they have generated, the ODPP ensured that the files were evaluated by multiple senior prosecutors who had no prior involvement or connection to any of the parties involved. This thorough assessment was further supported by a senior external consultant, Ian Lloyd KC, who conducted an independent review, aligning with the prosecutors’ evaluations and offering additional recommendations on the evidence analysis.
The reviews adhered to relevant legislation such as the FICAC Act, the Electoral Act, and the Crimes Act, alongside pertinent Court of Appeal authorities and constitutional principles. Prosecutors evaluated the evidence based on the criminal standard of proof, reasonable prospects of conviction, public interest factors, statutory limitations, immunity provisions, and the differentiation between criminal and civil liability.
Ultimately, the ODPP determined that there was insufficient evidence to support any criminal charges as required by law in the reviewed files. Acting Director of Public Prosecutions, Nancy Tikoisuva, emphasized that the office remains steadfast in its independence and integrity, making decisions without succumbing to external pressures or political influences. She reaffirmed the ODPP’s dedication to upholding the rule of law and maintaining fairness in its constitutional duties.
This process highlights the importance of due diligence and adherence to legal standards in the handling of sensitive cases, reflecting a commitment to justice within the legal framework.
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