Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Puleiwai, to avoid sharing her complaints against legal practitioners with political leaders and the media. In a leaked email, Bainivalu emphasized the importance of respecting the independence of his office in handling complaints from the public. He expressed concern that Puleiwai’s method of copying her complaints to high-profile figures, including the Prime Minister and key members of the Opposition, undermines the legal system.
Bainivalu remarked, “We will treat your complaint the same way we treated others, and with much respect; nothing is special about yours.” The complaint relates to allegations against FICAC Commissioner Barbara Malimali, who is accused of misconduct, specifically regarding the unlawful issuance of a Stop Departure Order. Puleiwai indicated that Malimali’s actions appeared intentional, given there was no ongoing investigation against her.
Puleiwai pointed out that under Section 10G(1) of the FICAC Act 2007, she is protected from any form of criminal or civil action related to her official duties. Despite the claims of procedural errors, the Stop Departure Order remains in effect within the Immigration System, which raises concerns about its legitimacy.
This situation highlights the ongoing complexities within FICAC and the justice system in Fiji. It is vital that such complaints be handled judiciously to maintain public confidence in the legal framework. The recognition of the need for an independent review process could potentially lead to positive reforms within FICAC, ensuring integrity is upheld and restoring trust in the system.
In summary, Bainivalu’s call for professionalism in handling complaints signifies the importance of an independent judiciary and legal system, laying the groundwork for constructive scrutiny of conduct within FICAC.
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