The Commission of Inquiry (COI) investigating the appointment of FICAC Commissioner Barbara Malimali is currently seeking an independent legal opinion from a King’s Counsel (KC), as tensions rise between the COI and the Judicial Services Commission (JSC) regarding her status. Janet Mason, counsel assistant to the COI, emphasized the need for an unbiased legal perspective to help navigate the conflicting viewpoints.
Recent developments have led the COI to request the temporary suspension of Malimali. This follows her controversial dismissal of Kuliniasi Saumi, a significant witness and Manager of Investigations at FICAC, which has drawn scrutiny and concern from the COI.
While the JSC acknowledged the request, they stated that their authority does not extend to suspending Malimali, referencing the 2013 Constitution, which only allows for the suspension of the Director of Public Prosecutions (DPP) during investigations. The JSC explained that since the FICAC Act does not include provisions for suspension or dismissal, their interpretation is guided by existing laws that do not support such actions.
Mason contends that the JSC could indeed act under Section 44 of the Interpretation Act, arguing that the power to appoint carries with it the power to suspend or dismiss. The COI is now reaching out to the President’s Office, the Attorney-General, and the JSC to seek clarity on Malimali’s legal standing and potential actions moving forward.
This situation highlights the complexities involved in the governance of public offices and the legal interpretations that can shape the processes of accountability and justice. It also brings to light the importance of independent legal guidance in resolving disputes within the framework of public service. With ongoing discussions, there lies hope for a resolution that upholds the integrity of the institutions involved.
In summary, the COI is actively seeking a way forward amidst conflicting interpretations of the law regarding FICAC Commissioner Malimali’s employment status, aiming for clarity through independent legal counsel.
Leave a comment