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Illustration of Don’t mock the system, Bainivalu tells Puleiwai

Legal Showdown: Former FICAC Deputy Takes Aim at Commissioner

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Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of FICAC, Francis Puleiwai, to avoid mimicking the actions of politicians or media outlets when considering submitting a complaint against a legal practitioner. In a communicated email, Bainivalu emphasized the importance of respecting the independence of his office in handling public complaints regarding legal professionals.

Bainivalu expressed his concerns, stating, “I ask that you do not make a mockery of the legal system by sending copies of your complaints to the media, the Honourable Prime Minister, senior members of the Opposition, and other individuals.” He reassured Puleiwai that her complaint would be addressed in the same manner as others, with the same level of respect.

The complaint relates to an investigation into FICAC Commissioner Barbara Malimali regarding purported misconduct and the unlawful issuance of a Stop Departure Order. Puleiwai contended that Malimali’s actions appeared to be intentional, especially since there was no ongoing investigation against her. She referenced Section 10G(1) of the FICAC Act 2007, which gives her immunity from criminal or civil actions concerning her actions in this context. Furthermore, Puleiwai pointed out that the Stop Departure Order remains active within the Immigration System and has not yet been rescinded, despite existing procedural discrepancies.

This development highlights the ongoing tensions within the FICAC and raises important questions about accountability and the integrity of legal procedures in the country. It serves as a reminder of the critical role of maintaining respect for legal institutions while ensuring that all complaints are treated with fairness and seriousness.

In a positive light, this situation could encourage a more robust dialogue about transparency and accountability within the legal system, ultimately leading to improvements and reforms that benefit all parties involved.


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