Chief Registrar Tomasi Bainivalu has issued a warning to Francis Puleiwai, urging her to refrain from diminishing the integrity of his office. This caution arose following Puleiwai’s formal complaint against Barbara Malimali, the current FICAC Commissioner, concerning the circumstances under which Malimali issued a Stop Departure Order (SDO) against her.
Puleiwai alleges that Malimali’s actions, particularly the timing of the SDO issued shortly after Puleiwai’s departure to Brisbane on September 7, 2024, violated Section 13(l)(e) of the FICAC Act 2007, claiming there was no active investigation against her at the time. Puleiwai contends that the SDO was an attempt to obstruct her from leaving the country while a case against her was being prepared and emphasized that the SDO was not served within the legally required 24-hour period.
In her communication, Puleiwai declared that her actions were conducted in good faith and asserted her immunity from any legal repercussions related to her conduct as outlined in Section 10G (1) of the FICAC Act 2007. She expressed concern that the SDO remains active in the immigration system despite procedural errors.
Bainivalu responded to Puleiwai’s complaint, reminding her to respect the independence of the office and to avoid publicizing her grievances through media channels, including copies sent to lawmakers and the Prime Minister. He encouraged her to allow the complaint process to operate without external scrutiny.
In defense, Puleiwai argued that copying prominent figures in her email was a measure of ensuring transparency and accountability and refuted Bainivalu’s notion that her actions could be seen as a mockery of the system. She emphasized the necessity for impartiality in addressing complaints against legal practitioners and called for due process to be upheld, free from favoritism.
Puleiwai also questioned the apparent preferential treatment of Malimali’s complaint against her, noting the urgency with which it was addressed compared to earlier complaints that had not received similar attention.
This situation showcases the complex dynamics within Fiji’s legal and regulatory frameworks, highlighting the need for transparency and accountability across all levels. It’s a reminder that respect for legal processes is vital in upholding the integrity of institutions, fostering public trust, and ensuring justice is served fairly.
In summary, this unfolding narrative illustrates ongoing tensions within commissioned offices while reinforcing the importance of adhering to legal protocols. It is hoped that both parties can navigate this situation constructively, ultimately strengthening the principles of transparency and accountability essential to public service.
Leave a comment