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Legal Tensions Rise: FICAC’s Francis Puleiwai Under Fire

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Chief Registrar Tomasi Bainivalu has urged Francis Puleiwai, the former Deputy Commissioner of FICAC, to refrain from mimicking the actions of the Prime Minister, senior opposition members, or media figures when submitting a complaint against any legal practitioner. In a private email obtained by FijiLive, Bainivalu emphasized the importance of respecting the independence of his office, which handles complaints from the public regarding legal practitioners.

Bainivalu expressed his confusion over Puleiwai’s choice to simultaneously forward her complaints to the press and high-ranking officials, stating, “I cannot understand that. We will treat your complaint in the same manner as we have treated others, with respect; nothing is special about yours.”

The complaint in question pertains to an accusation against FICAC Commissioner Barbara Malimali for alleged misconduct, specifically regarding the unlawful issuance of a Stop Departure Order. Puleiwai has indicated that Malimali’s actions appear intentional, especially considering that there is no current investigation against her. Under Section 10G(1) of the FICAC Act 2007, Puleiwai asserted that she is protected from any criminal or civil proceedings concerning her actions. She also pointed out that the Stop Departure Order remains active in the Immigration System despite noted procedural issues.

This situation underscores the ongoing complexities within FICAC and raises questions about accountability and transparency in its operations. It is crucial that individuals engage with the legal system appropriately, ensuring that legitimate concerns are addressed without undermining the integrity of the process.

In summary, the tensions between Puleiwai and Bainivalu reflect the intricate dynamics of the FICAC system. While these challenges exist, they also present an opportunity for reform and improvement in how complaints are handled, ultimately aiming to uphold the rule of law and public confidence in legal institutions.


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