Pages circulating on social media are said to be part of the Commission of Inquiry (COI) report concerning the appointment of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali. The leaked document outlines allegations of attempts to undermine the inquiry and highlights instances of alleged discriminatory behavior directed at Commissioner David Ashton-Lewis and Counsel Assisting, Australian barrister Janet Mason.
The document indicates that both officials faced disparaging remarks related to their foreign nationalities, which might constitute a breach of section 26 of the 2013 Constitution. It states, “There were moments during the COI hearing when Ms. Malimali inappropriately, unprofessionally, and in breach of s.26 of the Constitution, raised the issue of the nationality of Counsel Assisting.” Rising tensions were particularly noted during questioning concerning a decision by a Tuvaluan legal committee that reportedly deemed Malimali unfit to practice law there.
At one point, Malimali remarked on the perceived insult from “somebody from another country” coming into her nation, prompting the Commissioner to assert the relevance of nationalities to the inquiry’s terms of reference. Furthermore, the document allegedly includes a letter from Malimali’s legal counsel to President Ratu Naiqama Lalabalavu, questioning the appropriateness of having “two foreigners” presiding over this inquiry.
Additional details within the document bring attention to the early dismissal of FICAC investigations manager Kuliniasi Saumi, the Fiji Law Society’s public inquiry into Mason’s qualifications, and the legitimacy concerns surrounding the Commission’s hearings, which commenced before the terms of reference were formally gazetted. The public is awaiting clarification on the authenticity of these claims, which have ignited considerable debate.
These developments come amidst ongoing scrutiny surrounding Malimali’s appointment, which was characterized in previous articles as “legally invalid” and potentially politically influenced to protect high-ranking officials from scrutiny. Justice Ashton-Lewis has expressed serious concerns regarding her qualifications and hinted at possible obstruction in the appointment process, revealing that nine individuals may have been implicated in acts of perjury or obstruction of justice.
The inquiry is viewed as a crucial opportunity to address significant governance issues in Fiji. There is a collective hope among stakeholders that the findings will not only underscore the need for accountability and transparency but also serve as a catalyst for impactful reforms that restore public trust in the integrity of governance and enhance ethical standards in public service appointments. The ongoing inquiry reflects a commitment to facing these serious allegations, potentially transforming Fiji’s political framework for the better.
Leave a comment