Fijileaks: We call upon the new FICAC acting Commissioner to begin laying the multiple charges BIMAN PRASAD was facing on 5 September 2024. We will be providing FICAC and Fiji Police additional new evidence to lay further charges against Fiji's Finance Minister BIMAN PRASAD
*Richard Naidu wrote the letter and emailed it to Malimali in the middle of the day on 5 September. When did Malimali have the time to go through Biman Prasad's 'Ficac File' to order her legal team not to proceed with the charges? |    *The action implicitly pressured FICAC to modify its charging timeline based on external political considerations, not on legal merits. The outcome was that the charges—already legally vetted—were halted by the new Commissioner of FICAC, Barbara Malimali. |
*It can be argued that Naidu, in writing the 5 September 2024 letter to the then FICAC Commissioner Malimali, was acting in his professional capacity as a lawyer seeking the best possible outcome for his client, Biman Prasad. This is a legally plausible defense, though not without limits.
*As Prasad's lawyer, Naidu had a duty to zealously represent his client's interests within the bounds of the law. Recommending the timing of a charge be reconsidered (e.g. because of a diplomatic event or political context) can be seen as part of that advocacy. He was acting within his proper role as legal counsel to Prasad unless further evidence suggests coordinated efforts to undermine justice.
*A further Police investigation is needed to establish whether Naidu's letter was part of a broader, orchestrated effort (e.g. involving Malimali) to suppress prosecution. If so, that could shift it from legal advocacy into obstruction of justice. What time was the letter e-mailed to Malimali? What time did she read it? Did she inform Naidu that Prasad was free to meet up with Banga?
*As for Malimali, it is clear that her decision on 5 September to halt the charges against Prasad has led to allegations that she may have perverted the course of justice. Critics argue that her intervention disrupted due process and shielded a political leader from accountability. She made her decision on 5 September without examining the 'Ficac File' on Biman Prasad.
Malimali: Her Arrest and Detention |  |
*Her first email that she sent from that official account was to the Chief Registrar at 4.52pm in the afternoon of 4 September to thank him for introducing her to FICAC staff, including to her deputy Francis Puleiwai and the legal team. Malimali had stayed in the office until 5pm and was later driven in a brand new FICAC Commissioner's official car to her home. She did not send another official email from that FICAC account until 6 September 2024. On Thursday 5 September, Malimali came into work before 8am. She asked her PA Miriama Qionibaravi to call for a Heads of Department meeting and that it was to be held at 9am.She has recalled that about 8.50am, as she was sitting in the Boardroom on the 4th floor of the Rev John Hunt House, the FICAC officers placed her under arrest. We have detailed the FICAC charges that had been prepared against her. She asked the arresting FICAC officers if she could call 'my lawyer'. The last person to call her was the President of the Fiji Law Society Wylie Clarke. He arrived with other lawyers and they met up with Bainivalu. Sometime between 12pm and 1.30pm, and after intense negotiations Puleiwai and her team agreed to release Malimali. She claimed that, 'I was so traumatised by the experience of having been detained and arrested and humiliated by my own officers that I told Kuliniasi Saumi that I could not go back to my office'. She decided to return in the morning, 6 September, preferably with a Police escort.
All Suited and Booted for Banga |  |
*Did she consult FICAC's legal team before halting the charges?
*What was her reason for overruling the charging process already underway?
*Did she consider the implications for prosecutorial independence?
*Does she accept that her actions, in context, may appear politically motivated?
*The role of Barbara Malimali is criticial - it substantially deepens the case for a multi-layered alleged conspiracy to obstruct justice, possibly involving retaliatory or self-protective acts by a newly appointed official under imminent prosecution herself.
*Malimali's Conflict of Interest and Misuse of Authority:
*As the subject of a pending charge, Malimali used her position-within 24 hours of appointment-to abort her own criminal process and of the NFP leader, Deputy Prime Minister and Finance Minister Biman Prasad.
*Re-evaluation of Biman Prasad and Richard Naidu's roles:
*This evidence raises the stakes for Prasad and Naidu. Naidu's letter, timed between arrest and release, could have been designed not just to delay, but to signal to Malimali that charges must be halted.
*Biman Prasad's instruction to send the letter on that precise day while hosting a high-profile international guest indicates premeditated use of political power and distraction. Hence a Police investigation is needed to establish facts.
*Inference of Coordinated Interference:
This entire sequence forms a chain of causation:
1. Malimali is arrested for FEC conduct;
2. Prasad is about to be charged;
3. Naidu writes letter requesting delay;
4. Malimali is released and regains control;
*Charges against both are halted by the very person under charge.
*No legitimate legal process would allow a person under imminent charge to decide whether they - and a political leader - should be prosecuted. This is institutional sabotage of FICAC's core function.
*The new acting FICAC Commissioner LAVI ROKOIVA has the authority to reopen previously closed cases, including the file concerning Biman Prasad. |  |
*There is no express prohibition in the FICAC Act preventing a new Commissioner from revisiting closed files.
*Richard Naidu's 5 September 2024 letter was an admission that Biman Prasad was an 'office holder' under the Political Parties Act but could the charges be deferred until 9 September while Banga was still in town.
*Biman Prasad has been on the run since 5 September 2024. He MUST be arrested and charged by FICAC.
*We call on the RFMF and Fiji Police to locate and deliver Prasad to FICAC - so he can be charged, as FICAC was planning on 5 September.
'Bangra Dancing Was Over When the World Bank president Ajay Banga departed Fiji.
TO WHOM IT MAY CONCERN:
The Commissioner of Police RUSIATE TUDRAVU and RFMF Commander Ratu Jone Kalouniwai
*On or about 5 September 2024, the Fiji Independent Commission Against Corruption (FICAC) had prepared to lay criminal charges against the Deputy Prime Minister and Minister for Finance, Professor Biman Chand Prasad, under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
On that date, Mr. Richard Naidu, a legal practitioner acting for Professor Prasad, transmitted a written request to FICAC, seeking a deferral of the intended charges until 9 September 2024.
In his correspondence, Mr. Naidu did not dispute:
• The authority of FICAC to bring such charges;
• The legal sufficiency or evidentiary basis of the proposed charges;
• The procedural regularity of the process under FICAC’s mandate. Rather, Mr. Naidu’s representations focused on reputational and timing concerns, specifically referencing the official visit of the President of the World Bank, Ajay Banga, and the diplomatic and economic implications of charging a Cabinet Minister during such time.
It is my opinion that this letter constitutes a tactical concession on the part of Professor Prasad’s legal team, acknowledging:
• That a charge was lawfully contemplated;
• That FICAC possessed jurisdiction to proceed;
• That the defence’s concern was with optics and political timing, not legality.
*We, therefore, call for a JOINT Military and Police Operation to locate Biman Prasad and deliver him to FICAC so they can proceed with charging Prasad as planned on 5 September 2024.
The Commissioner of Police RUSIATE TUDRAVU and RFMF Commander Ratu Jone Kalouniwai
*On or about 5 September 2024, the Fiji Independent Commission Against Corruption (FICAC) had prepared to lay criminal charges against the Deputy Prime Minister and Minister for Finance, Professor Biman Chand Prasad, under the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
On that date, Mr. Richard Naidu, a legal practitioner acting for Professor Prasad, transmitted a written request to FICAC, seeking a deferral of the intended charges until 9 September 2024.
In his correspondence, Mr. Naidu did not dispute:
• The authority of FICAC to bring such charges;
• The legal sufficiency or evidentiary basis of the proposed charges;
• The procedural regularity of the process under FICAC’s mandate. Rather, Mr. Naidu’s representations focused on reputational and timing concerns, specifically referencing the official visit of the President of the World Bank, Ajay Banga, and the diplomatic and economic implications of charging a Cabinet Minister during such time.
It is my opinion that this letter constitutes a tactical concession on the part of Professor Prasad’s legal team, acknowledging:
• That a charge was lawfully contemplated;
• That FICAC possessed jurisdiction to proceed;
• That the defence’s concern was with optics and political timing, not legality.
*We, therefore, call for a JOINT Military and Police Operation to locate Biman Prasad and deliver him to FICAC so they can proceed with charging Prasad as planned on 5 September 2024.
Sworn Affidavit of Hon. Biman Prasad (23 Dec 2024)
“I instructed Mr Naidu to write to FICAC… requesting, in view of my commitments that week, that FICAC take a more reasonable approach to this.”
Legal Analysis
A. Attempt to Pervert the Course of Justice
*Prasad initiated and authorised a communication to FICAC with the intent of deferring a lawful charge. The purpose was not legal defence but delay for personal and political convenience. This is a classic form of improper influence under s.190 of the Crimes Act.
B. Abuse of Office
*Prasad, while holding executive office, used his political standing to manipulate prosecutorial timing for private benefit.
C. Conspiracy to Defeat Justice
*The affidavit confirms agreement and coordinated action between Prasad and Naidu to alter the normal prosecutorial process.
Request for Action
We respectfully request that:
A criminal investigation be opened by the Fiji Police Force (CID).
Conclusion
*This matter raises serious questions about ministerial integrity, the politicisation of prosecutorial discretion, and obstruction of the justice process in Fiji. The sworn admissions and surrounding conduct warrant a full criminal investigation and, if evidence is substantiated, the laying of appropriate charges.
*The question of whether Barbara Malimali, the former FICAC Commissioner could face charges centers on her actions surrounding the events of |  |
*Meanwhile, Barbara Malimali’s conduct on 24 December 2024 provides direct evidence of intentional suppression of a lawful prosecution, and exposes her to serious criminal and professional consequences.
*On 24 December 2024, FICAC Commissioner Malimali instructed staff to “find files” to silence or neutralize critics — indicating a politically motivated use of prosecutorial power. When Manager Legal Kauliniasi Saumi informed her that Biman Prasad’s file was ready for charges, Malimali refused to proceed, allegedly saying:
“No, I don’t want election-related files.”
Legal and Ethical Consequences |  |
2. Obstruction of Justice ( s.190 )
*If the file had met the charging threshold and Malimali blocked it for non-legal reasons, this could amount to deliberate interference with a prosecution in progress.
3. Misuse of Public Office for Political Motive
*Using prosecutorial files to “shut up critics” (i.e., suppress political dissent or criticism) is not only unethical — it could also be considered malfeasance in office or perversion of constitutional obligations.
*We call on Fiji Police and the RFMF to instruct FICAC to charge Biman Prasad with multiple counts he was facing on 5 September 2024.
*As for Barbara Malimali she must be arrested and questioned over the WhatsApp message she sent to FICAC staffer to ignore Prasad's file.
*Fiji's SLEEPING MEDIA PUSSIES: GO BACK INTO YOUR CAT CAGES
Fijileaks: We call upon the new FICAC acting Commissioner to begin laying the multiple charges BIMAN PRASAD was facing on 5 September.
