Chief Registrar Tomasi Bainivalu has issued a warning to Francis Puleiwai, urging her to refrain from undermining the integrity of the legal system. This remark comes after Puleiwai, the former Acting Commissioner of the Fiji Independent Commission Against Corruption (FICAC), filed a complaint against current FICAC Commissioner Barbara Malimali regarding her issuance of a Stop Departure Order (SDO).
Puleiwai alleges that Malimali acted improperly by issuing the SDO shortly after Puleiwai had left for Brisbane, Australia, suggesting that the order was issued without just cause or proper procedure. She claims that Malimali’s actions violated the protocols outlined in the FICAC Act 2007, noting that there had been no ongoing investigation when the order was issued. Puleiwai argues that this maneuver was an abuse of authority, designed to prevent her departure while assembling a case against her.
In her email complaint to Bainivalu, Puleiwai insisted that her prior actions were carried out in good faith and argued for her immunity under Section 10G(1) of the FICAC Act 2007 against both civil and criminal prosecution. She raised concerns that the SDO remains active in the immigration system despite procedural issues surrounding its issuance.
Bainivalu’s response cautioned Puleiwai against making a spectacle of the complaints process by copying various public figures and media outlets in her correspondence. He emphasized the importance of respecting the integrity of the complaint system while assuring her that all complaints would be treated with equal consideration.
Puleiwai defended her decision to inform other parties, stating that her actions were rooted in a desire for transparency and accountability. She expressed confidence that her grievance would receive standard consideration and called for an unbiased handling of complaints, free from favoritism within the legal community. Additionally, she pointed out the timing of the complaints against her and questioned the speed at which Malimali’s complaint was processed.
This ongoing exchange underscores the complexities and tensions within the FICAC and raises questions about the protocols governing complaint procedures. It serves as a reminder of the importance of upholding the rule of law and ensuring that all parties have access to justice.
In the realm of legal and governmental accountability, such discussions can pave the way for more transparent processes that ultimately enhance public trust in the institutions designed to uphold integrity and fairness.
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