Chief Registrar Tomasi Bainivalu has issued a warning to Francis Puleiwai, urging her not to undermine the credibility of his office. This statement comes in the wake of a complaint lodged by Puleiwai against FICAC Commissioner Barbara Malimali, relating to an allegedly improper Stop Departure Order (SDO) issued against her.
Puleiwai contends that Malimali’s action violated the FICAC Act of 2007, asserting that the SDO was implemented shortly after her departure for Brisbane, Australia, and that it was not served within the mandated 24-hour period. She argues that the issuance of the SDO was an overreach of authority, executed without proper legal procedure, and designed to obstruct her travel while compiling a potential case against her.
In her correspondence, Puleiwai emphasized her belief that Malimali’s complaint to the Fiji Police Force would ultimately fail, citing immunity from legal repercussions for her actions under Section 10G(1) of the FICAC Act 2007. She also highlighted that the SDO remains active in the immigration system, despite the procedural missteps she identified.
Bainivalu responded to her email by suggesting that her approach, particularly the inclusion of various high-profile figures and media in her complaint, may disrespect the independence and processes of the legal system. He reminded her that complaints should be treated uniformly and respectfully, without special consideration.
In defence of her actions, Puleiwai stated her intent was not to mock the system but to ensure accountability and transparency in the handling of complaints. She expressed her desire for a fair process, free from favoritism, and questioned the expeditious handling of Malimali’s complaint against her in contrast to a prior complaint against her that had not seen similar urgency.
Comments: This situation reflects ongoing tensions within the FICAC and raises important questions about the proper use of authority and the benefits of transparent governance. It illustrates the necessity for adherence to legal procedures to maintain public trust in regulatory institutions.
Summary: Chief Registrar Tomasi Bainivalu cautioned Francis Puleiwai against making a “mockery” of his office following her complaint against FICAC Commissioner Barbara Malimali. Puleiwai alleged that Malimali improperly issued a Stop Departure Order against her without following legal protocols, and Bainivalu recommended that she respect the independence of the complaints process. While Bainivalu criticized her decision to involve outside parties in her complaint, Puleiwai defended her actions as a means of ensuring transparency. The case highlights ongoing concerns about authority misuse and the importance of maintaining public trust in regulatory bodies.
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