Chief Registrar Tomasi Bainivalu has expressed his disapproval of Francis Puleiwai’s actions, cautioning her against undermining the integrity of his office. This statement comes after Puleiwai, the former Acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC), lodged a complaint against the current FICAC Commissioner, Barbara Malimali.
The issue revolves around Malimali’s issuance of a Stop Departure Order (SDO) against Puleiwai shortly after her departure to Brisbane, Australia on September 7, 2024. Puleiwai alleges that Malimali’s actions violated Section 13(l)(e) of the FICAC Act 2007, arguing that there was no ongoing investigation at the time and that the SDO did not comply with legal procedures.
In a correspondence, Puleiwai characterized Malimali’s actions as a misuse of authority, claiming it was a deliberate attempt to prevent her from leaving the country while a case was being constructed against her. Puleiwai also noted that according to Section 10G (1) of the FICAC Act 2007, she is immune to legal action for the actions she undertook on September 5, arguing that the SDO remains unjustly active in the immigration system despite procedural errors.
During this exchange, Bainivalu requested Puleiwai to treat the independence of his office with respect and denounced her decision to copy her complaint to various officials, including members of the media, Prime Minister Sitiveni Rabuka, and opposition MPs, interpreting it as a potential mockery of the system. He assured her that her complaint would be handled with respect and in line with how other complaints are treated.
Puleiwai, however, contended that including these officials in her correspondence was intended for accountability and transparency. She emphasized her desire for the complaint process to be impartial and just, rather than biased.
This situation highlights ongoing tensions within FICAC and raises questions about the transparency and fairness of internal investigations. It underscores the importance of upholding legal protocols while addressing complaints to maintain public trust in judicial processes.
In summary, the ongoing disputes within Fiji’s legal framework exemplify the complexities involved in maintaining integrity within law enforcement agencies. The hope is for a fair resolution that honors the principles of justice and accountability, potentially paving the way for reforms that enhance procedural transparency.
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