The Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) commenced yesterday in a closed-door setting, preventing media access to the proceedings. Senior legal counsel Janet Mason outlined the reasoning for this confidentiality, noting that multiple witnesses are under ongoing criminal investigations.
Mason stressed that the primary objective of the COI is to assess the “lawfulness” of Malimali’s appointment. She explained that the inquiry is proceeding despite the typical sequence of criminal charges preceding civil proceedings, emphasizing the necessity to address the questions surrounding Malimali’s appointment.
Importantly, Mason clarified that the outcomes of the COI would not be released to the public immediately. According to the Commission of Inquiry Act, the findings will be submitted to the President of Fiji, who will determine whether they will be disclosed to the public.
Prime Minister Sitiveni Rabuka was the initial witness to testify, highlighting the importance of the inquiry in revealing the truth. He expressed confidence in the process, stating, “I expected it to be tough because they need to get to the bottom,” and described the questions posed as reasonable and derived from his own affidavit.
Inia Seruiratu, Leader of the Opposition, attended the session as an observer and is scheduled to give his testimony tomorrow. He expressed his support for the inquiry, labeling it as essential for good governance and transparency.
Justice David E. Ashton Lewis, a senior Australian jurist serving on Fiji’s Supreme Court, characterized the first day of the inquiry as positive, commending Prime Minister Rabuka’s cooperation. He indicated that there are currently 34 witnesses, acknowledging the varying pace of testimonies.
The inquiry is poised to continue with further witnesses expected to provide their evidence in the upcoming days.
In summary, the inquiry aims to clarify the legality of Malimali’s appointment amidst ongoing criminal investigations. The fact that important figures are actively participating in this process denotes a commitment to transparency and accountability in governance, which is a hopeful sign for the integrity of public institutions in Fiji.
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