The Commission of Inquiry (COI) investigating the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) has received encouraging legal guidance from New Zealand King’s Counsel (KC). COI Counsel Assisting, Janet Mason, expressed satisfaction with the advice, which pertains to the potential powers of the Judicial Services Commission (JSC) concerning Ms. Malimali’s actions related to the termination of an employee witness in the inquiry.
Last week, the COI sought clarification on whether the JSC held the authority to recommend the President suspend Ms. Malimali following her decision to dismiss the FICAC staff member. According to information from Ms. Mason, the JSC concluded that it did not possess that authority.
While further details of the KC’s legal opinion will not be disclosed at this time, Ms. Mason mentioned that the findings will first be presented to the Prime Minister and the President. She plans to brief them imminently, potentially the following day. Ms. Mason emphasized the importance of legal counsel in navigating complex issues, asserting, “You can’t ignore issues and hope they’ll go away. It’s crucial to find solutions; there is always a way forward.”
In an ongoing series of testimonies, Solicitor-General Ropate Green Logavatu has already appeared before the inquiry, and Ms. Malimali is expected to testify soon. Ms. Mason anticipates that the inquiry will wrap up within the next week, bringing the matter closer to resolution.
This case highlights the critical balance of legal oversight and accountability in public service roles, which is essential for fostering trust in governmental institutions. The commitment to thorough legal processes reflects a positive step towards transparency and integrity in Fiji’s governance.
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