Chief Registrar Tomasi Bainivalu has issued a warning to Francis Puleiwai urging her not to undermine the integrity of his office. This follows Puleiwai’s formal complaint against the current FICAC Commissioner, Barbara Malimali, pertaining to a Stop Departure Order (SDO) that Malimali issued against her.
Mr. Bainivalu emphasized the importance of respecting the independence of his office in handling complaints from the public about legal practitioners. In her complaint, Puleiwai alleged that Malimali’s actions violated Section 13(1)(e) of the FICAC Act 2007. She argued that Malimali issued the SDO shortly after Puleiwai left for Brisbane, asserting it was done without a proper investigation and outside the legal timeframe required for such an order.
Puleiwai characterized the SDO as a misuse of power intended to prevent her from leaving the country while Malimali built a case against her. Meanwhile, she maintains her actions were protected under Section 10G(1) of the FICAC Act, which provides immunity from criminal or civil actions for her duties performed in good faith.
Despite Puleiwai’s claims, the SDO remains active within the immigration system without being rescinded, prompting concern over procedural lapses. Bainivalu criticized her decision to copy various high-profile figures, including members of the opposition and the Prime Minister, in her email complaint, suggesting it disrespects the complaint process.
In response, Puleiwai defended her transparency and accountability measures and expressed hope that her complaint would be handled impartially, without favoritism toward any party involved. She also questioned the swift action taken on Malimali’s complaint against her compared to the alleged three-month delay in correspondence from Bainivalu’s office.
This case illustrates the complexities within the legal framework and highlights the importance of maintaining a balance between accountability and procedural integrity within institutions. Moving forward, it is essential for all parties involved to adhere to the principles of fairness and justice, ensuring public confidence in the systems designed to uphold the rule of law.
As the situation unfolds, it will be crucial for the authorities to engage constructively, promoting a transparent and fair resolution to the concerns raised by all parties involved. The hope is that with both accountability and independence, the legal processes in question can emerge stronger, serving as a beacon of confidence for the public.
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