Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of the Fiji Independent Commission Against Corruption (FICAC), Francis Puleiwai, to refrain from emulating the behavior of the Prime Minister, opposition leaders, or media members if she chooses to lodge a complaint against a legal practitioner. Bainivalu’s request was outlined in an email that was revealed to FijiLive, where he emphasized the importance of respecting the independence of his office when handling public complaints against legal professionals.
In the correspondence, Bainivalu expressed his concerns about the possibility of Puleiwai publicizing her complaints, likening it to a mockery of the legal system. He assured her that her complaint would be treated with the same respect and normality as others, asserting that no special consideration would be given.
The matter at hand involves a complaint calling for an investigation into FICAC Commissioner Barbara Malimali for allegations of misconduct, specifically concerning the unlawful issuance of a Stop Departure Order. Puleiwai has claimed that Malimali’s actions appear deliberate, particularly given that no investigation has been initiated against her. She pointed out that under Section 10G(1) of the FICAC Act 2007, Malimali is shielded from criminal or civil action regarding her conduct. Furthermore, Puleiwai highlighted that the Stop Departure Order remains active within the Immigration System despite noted procedural errors.
This situation underscores the complexities of legal accountability and the balance between oversight and the independence of law enforcement agencies. As the investigation unfolds, it is essential for all parties involved to uphold the integrity of the legal process and to ensure that any allegations are addressed with the seriousness they deserve. This could ultimately lead to a more transparent and accountable system in Fiji’s fight against corruption.
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