The Office of the Director of Public Prosecutions (ODPP) has finalized its review of the files related to the Commission of Inquiry (COI) submitted by the Fiji Police Force for legal evaluation. After thoroughly analyzing the materials, the ODPP determined that there is insufficient evidence to support any criminal charges at the necessary criminal standard of proof.
Last year, the ODPP received twelve files concerning allegations primarily against Ms. Barbara Malimali stemming from the COI, which also included various other related complaints involving public officials and prominent legal practitioners. Among these files, one related to the matter of State v Barbara Malimali had already been closed and returned, concluding that there was inadequate evidence to pursue prosecution.
The review of the remaining eleven files has been completed, and the results, along with summaries, are expected to be sent back to the Fiji Police Force later this week. The examination was conducted thoroughly, with multiple senior prosecutors who had no previous ties to the parties involved assessing the files. This process included an independent review by a senior consultant along with the insights of Ian Lloyd KC, who validated the prosecutors’ findings and offered additional recommendations on evidence analysis.
In conducting this extensive appraisal, the ODPP adhered to relevant laws, notably the FICAC Act, the Electoral Act, and the Crimes Act, while considering key elements such as evidence sufficiency, reasonable chances of conviction, public interest, and time limitations.
Acting DPP Nancy Tikoisuva emphasized the office’s commitment to maintaining the integrity of the legal process, stating that decisions are founded strictly on evidence and legal principles, free from external political influence or public opinion. The ODPP aims to uphold the rule of law and ensure fairness in executing its constitutional role, reinforcing its independence from political pressures.
This development highlights the ODPP’s dedication to thoroughness and due process in legal assessments, which is essential for fostering public trust in the judicial system.
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