The King’s Counsel (KC) opinion regarding the Commission of Inquiry’s (COI) request for the suspension of FICAC Commissioner Barbara Malimali has been forwarded to both His Excellency the President and the Office of the Prime Minister. The opinion reportedly referenced Section 44 of the Interpretation Act, which has sparked discussions around the legalities surrounding Malimali’s potential suspension.
Janet Mason, the Counsel Assistant to the COI, expressed anticipation for the President’s decision, indicating that it is expected within a few days. While the specific contents of the KC’s opinion remain confidential until then, Mason assured that the legal interpretations align with the COI’s stance on the processes outlined in the Constitution for suspending individuals in Malimali’s position.
The COI has also defended the expenditure of approximately $15,000 for this legal opinion, a cost some members of the public have criticized as excessive. Mason justified this expense as necessary for ensuring the integrity of both the justice system and government operations. She underscored that obtaining competent legal guidance is critical, particularly in complex matters of governance.
This situation emerges amid allegations that Malimali has hindered testimony by dismissing Kuliniasi Saumi, a witness in the inquiry regarding corruption within FICAC. The complexities of legal authority regarding her suspension have led to a tug-of-war between the COI and the Judicial Services Commission (JSC), which has claimed it lacks the power to sanction Malimali’s suspension.
These developments shed light on the broader challenges of maintaining accountability in public offices and underscore the importance of thorough investigations to uphold integrity within Fiji’s governance. As public debates continue around this issue, a resolution could pave the way for significant reforms that enhance transparency and public trust in institutions.
Overall, the COI’s ongoing efforts signal a commitment to addressing critical issues within Fiji’s judicial and governance systems, suggesting a positive trajectory toward enhanced accountability and rule of law in the future. The necessary legal clarifications and decisions from the President may offer a pathway forward in this challenging inquiry.
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