Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of FICAC, Francis Puleiwai, to refrain from emulating the actions of the Prime Minister, senior opposition leaders, or media representatives if she intends to file a complaint against any legal practitioner. In an email correspondence that has come to light, Bainivalu emphasized the importance of maintaining the autonomy and integrity of his office when handling public complaints against legal practitioners.
He expressed his concern that Puleiwai’s approach to complaints, which involves sending copies to various influential figures in the media and government, undermines the legal process. Bainivalu highlighted that her complaint would be treated with the same seriousness and respect as any other, indicating that no special considerations would be afforded to her case.
The complaint in question pertains to an investigation against FICAC Commissioner Barbara Malimali, related to alleged misconduct and the improper issuance of a Stop Departure Order. Puleiwai criticized Malimali’s actions, suggesting they were intentional, especially in the absence of any ongoing investigation. She pointed out that under Section 10G(1) of the FICAC Act 2007, she is shielded from any criminal or civil liability concerning her duties. Furthermore, she noted that the Stop Departure Order remains active within the Immigration System, even though there were errors in the procedure.
This situation highlights continual scrutiny within the legal and political landscape of Fiji and underscores the delicate balance between accountability and protecting institutional independence. It serves as a reminder that while holding officials accountable is essential, it is equally important to respect procedural norms and the independence of legal bodies.
In a hopeful light, this incident may encourage a culture of greater transparency and accountability within Fiji’s legal and governmental institutions, potentially leading to reforms that strengthen these systems moving forward.
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