Fiji’s FICAC Commissioner Under Investigation: What Lies Ahead?

The Fiji Independent Commission Against Corruption (FICAC) has submitted the case against its commissioner, Barbara Malimali, to the Office of the Director of Public Prosecution (ODPP) for additional evaluation.

FICAC issued a statement indicating that the referral is linked to allegations of abuse of office during Malimali’s time as chair of the Electoral Commission of Fiji. Last week, Malimali mentioned she was unaware of an ongoing investigation against her until a raid occurred at the Electoral Commission’s office on September 3. She also noted that she was not informed she would face detention and questioning when she arrived at work at FICAC on September 5.

FICAC confirmed that five cases referred by the Supervisor of Elections earlier this year have been closed, with the Supervisor notified of the closures on July 24, 2024. These cases involve alleged corrupt practices surrounding false declarations by the FijiFirst party, specifically related to the FijiFirst Australia Association Incorporated, Aiyaz Sayed-Khaiyum, and one Tito Bainimarama.

Additional complaints included allegations against Aiyaz Sayed-Khaiyum and Mohammed Saneem regarding collusion, as well as conflicts of interest. Arif Ali was also implicated for making a $10,000 donation to the FijiFirst party while a civil servant, along with complaints against President Ratu Wiliame Katonivere, Sayed-Khaiyum, and Charan Jeath Singh. Other accusations involved Voreqe Bainimarama for filing false declarations of income and assets from 2014 to 2019 and 2022, and against Sayed-Khaiyum for not declaring overseas travel allowances.

FICAC stated that they will refrain from commenting on the ongoing investigations referred by the Supervisor of Elections until they are completed. The Commission emphasized that it continues to operate normally, maintaining its processes and procedures without change and handling all complaints with the necessary scrutiny irrespective of the individuals involved.

Meanwhile, Fiji Labour Party leader Mahendra Chaudhry has called for Malimali to resign to allow a proposed inquiry by Prime Minister Sitiveni Rabuka to proceed without hindrance. Chaudhry responded to Rabuka’s assertion that an inquiry is essential to investigate the concerns regarding Malimali’s appointment as FICAC Commissioner, urging swift action to establish the inquiry. He stressed the importance of the inquiry being independent, composed of members with no ties to those involved in the matter.

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