SECTION 5(1) of the FICAC Act 2007 highlights:
​'The Commissioner shall be appointed by the President on the recommendation of the JSC following consultation by the JSC with the Attorney-General.'

*Even if the FICAC Act does not specify and expressly states suspension, Clause 5 provides sufficient words which can be reasonably interpreted to include suspension, removal and termination of the FICAC Commissioner, in this case that of  ​Barbara Malimali. *The JSC has the advisory or recommendation capacity to advise the President for suspension or termination of Malimali as FICAC Commissioner. *What if she is charged for unlawfully paying $30,000 to her legal counsel TANYA WAQANIKA? *Will the wannabe A-G Leung claim JSC has no powers to remove her? Who is advising him?

*Section 44 of the Interpretation Act specifically states that the power to appoint also means the power to suspend, remove etc, so LEUNG stop playing the legal fool. If not, you should RESIGN as A-G and Malimali's side-kick and Solicitor-General Ropate Green should also RESIGN.
*Has CJ Salesi Temo gone ROGUE and is manipulating the law?

Temo

Malimali

Green

Leung

*Section 5 (1) and (3) of the FICAC Act 2007 is clear that it is the JSC who recommends to the President not only the appointment of the FICAC Commissioner but also terms and conditions of the office. This would mean that suspension of Barbara Malimali would have to be recommended by the JSC to the President for his necessary action.

*While we agree that the JSC does not have the power to suspend, it can recommend to the President, Malimali's suspension.
The FICAC Amendment Act 2016 under Section 5(1) says:
The Commissioner shall be appointed by the President.
*And Section 5 (3) says:
The Commissioner shall hold office on such terms and conditions as the President may think fit.
*One can therefore conclude that the President has the powers to appoint the Commissioner including other powers which covers removal to the work of the officer as the President considers fit.
*Looking at Section 115 of the Constitution on FICAC, there is nothing there on the removal  or suspension of Ficac Commissioner.
 *Section 104 on the JSC also says nothing on the removal or suspension of the JSC. 
*The JSC's actions and behaviour of the Chief Justice Temo in relation to the removal of Francis Puleiwai suggests that the JSC had the administrative responsibility to recommend the removal of Pulewai which consequently led to the JSC recommending Malimali to the President for his appointment.
*Just look at an extract of the vacancy on the post of FICAC Commissioner that was advertised by the JSC. We will note that the JSC clearly states their administrative function to recommend to the President the name of the successful candidate for his appointment.
*It therefore stands to reason that their administrative function will also include recommending the removal or suspension of the Ficac Commissioner.
*The JSC is just indulging in legal gymnastics to protect MALIMALI.

*Even if the FICAC Act does not specify and expressly states suspension, Clause 5 provides sufficient words which can be reasonably interpreted to include the suspension, removal and termination of the FICAC Commissioner, in this case of Barbara Malimali.
*Section 44 of the Statutory Interpretation Act leaves absolutely no doubt that the power to appoint also means the power to suspend, remove and terminate.
*So when one reads all these relevant clauses together, then the JSC has the advisory or recommendation capacity to advise the President for suspension or termination of Malimali as FICAC Commissioner.
​*Generally, as is the case in New Zealand, the power to appoint includes the power to suspend or dismiss. In Fiji, this is contained in section 44 of the Interpretation Act 1967 (“the Interpretation Act”), which states:
Where by or under any written law, a power or duty is conferred or imposed upon any person or authority to make any appointment or to constitute or establish any board, commission, committee or similar body, then, unless a contrary intention appears, the person or authority having such power or duty shall also have the power to remove, suspend, dismiss or revoke the appointment, of, and to reappoint or reinstate, any person appointed in the exercise of the power or duty, or to revoke the appointment, constitution or establishment of, or dissolve, any board, commission, committee or similar body appointed, constituted or established, in exercise of such power or duty, and to reappoint, reconstitute or re-establish the same, provided that where the power or duty of such person or authority so to act is exercisable only upon the recommendation, or is subject to the approval or consent, of some other person or authority, then such powers shall, unless a contrary intention appears, be exercisable only upon such recommendation or subject to such approval or consent. 14.
*In the current circumstances, it is clear that Ms. Malimali’s continued occupation of the position of FICAC Commissioner, is allowing her to interfere with the COl’s work.

*The whole sordid saga will blow up in CJ Temo, A-G Leung and S-G Ropate Green's faces - including in the faces of other shadowy figures.

*Leung stresses that Malimali was duly appointed by the President, on the advice of the Judicial Services Commission, as the law requires.
*He is the Cabinet Minister with responsibility for FICAC.
 *In accordance with Section 44 of the Interpretation Act, the process of suspending Malimali would involve the JSC consulting the Attorney-General, GRAHAM LEUNG.

Fijileaks: So, Waqanika, STOP reading to us the FICAC Act. Malimali extorted $30,000 from Ficac finance manager to pay you her legal fees.
*Ficac's Manager Legal read the riot act to Malimali but she overruled the legal team and abused $30,000 of Fiji taxpayers money to pay you.
*In your first appearance before the COI, you told the waiting press that you were representing Malimali, 'We go to the same church'.

"Let the thief no longer steal, but rather let him labor, doing honest work with his own hands, so that he may have something to share with anyone in need."
Ephesians, 4:28
"The getting of treasures by a lying tongue is a fleeting vapor and a snare of death" - Proverbs 21.6

From Fijileaks Archive, 27 January 2025

Meanwhile, cartoonists are having a field day

MALIMALI IGNORES FICAC LEGAL ADVICE. Last year, Ficac's legal team reminded Malimali, FICAC charged Riyaz Khaiyum for similar conduct. FBC paid his legal fees for civil action of defamation of character. 
*Malimali turned a blind eye and forced Ficac to pay Waqanika.

*FICAC's legal department advised her that she was NOT entitled to dip into Ficac budget to pay Tanya Waqanika because Barbara Malimali was appearing in personal capacity before the Commission of Inquiry.

*Despite legal advise given to Malimali formally, she went ahead and approved payment of $30,000 to Waqanika last week.

*Ficac cited the case of Riyaz Khaiyum-Vimlesh Sagar.

*WAQANIKA is yet to respond to us. Police MUST charge both of them.
*The RFMF must stand ready to invoke s131(2) and overthrow Malimali.
*This woman is beyond rehabilitation, protected by powerful 'Fiji mafia'.
*We understand COI wants her suspended and a report has been filed with Fiji Police to investigate her for intimidating COI FICAC Witness.

*BARBARA MALIMALI's alleged legal hound dog Nemani Tuifagalele stands accused of getting her to sack Ficac's Manager Investigations KULINIASI SAUMI, a crucial Commission of Inquiry witness.
*Tuifagalele joined the Fiji Law Society president Wylie Clarke and A-G Graham Leung to prevent the arrest of Malimali on 5 September 2024. Tuifagalele was part of the cabal who helped Malimali escape.
*These despicable legal scoundrels have taken the law into their own hands to protect Barbara Malimali, who failed to disclose her tryst with a Judge who was presiding over her clients case in Tuvalu.
*She has been banned and declared a persona non grata by Tuvalu.

*Electoral offences are criminal in nature, with heavy fines and imprisonment (The former Chief Justice Anthony Gates, 2018).
Prasad consistently and prolifically lied (2014-2024) in his statutory declarations under the Political Parties Act 2013

*On 12 March 2014, Biman Prasad bought two villa units off-the-plan from his cousin Sunil Chand worth $300,000 ($150,000 each). Three days later, on 15 March 2014, the two formed Lotus Construction (Fiji) Ltd to build 28 units (Westfield Villas) in Nadi. Prasad never contributed a single (CENT or DOLLAR) but was made a 50% shareholder in Lotus (Fiji) Ltd. *In 2016, Prasad and his wife Rajni Kaushal Chand sold their Burerua St property to Lotus (Fiji) for merely $550,000. He never disclosed in his statutory declarations that his wife was joint owner of the Burerua St property.  *The couple transferred the property on 19 January 2016 with a reported market value (on 9 July 2015, some 7 months before the transfer) of $2,815,000 (end value) for declared value of $550,000. *In return, Lotus (Fiji) paid Prasad's CGT and other debts, including his ANZ bank loan. *Further, Sunil Chand gave Prasad's wife 2 Units worth $300,000 in Westfield Villas. Also, Rajni Chand was granted a lease for the term of 99 years plus of Westfield Villas, effective from13 August 2018 (rent of $320 per annum). *We will reveal in detail how the couple's Burerua St property transaction potentially robbed FRCA thoudsnds of dollars in Capital Gains Tax  *Sitiveni Rabuka's Finance Minister and NFP leader Biman Prasad is also line manager of FRCA.

BIMAN PRASAD'S FACEBOOK SUPPORTERS:
*It has been brought to our attention that one Facebook commentator, PRAMESH SHARMA, is calling on new FICAC Commissioner Barbara Malimali to use her first thirty days in office to thoroughly review all ongoing investigations, seek independent advice, and only proceed with charges when she is fully convinced that legal breaches have occurred.
*Similarly, Sharma continues: In Biman's case, who is the complainant, and if this case proceeds to trial, will the complainant be available in Fiji to testify?
*Is this an abuse of office or just a clarification issue regarding the Declaration of Assets?
Fijileaks to Pramesh Sharma. It's an Abuse of Office and is not merely a clarification issue regarding the declaration of assets. The charges carry a $50,000 fine or ten years imprisonment under the Political Parties Act.
*Biman Prasad lied in his declarations, hid his directorship, lived under the same roof with his wife, Dr Rajni Kaushal Chand, and claimed he was the sole owner of one of the houses until we found that he and his wife were joint owners. How did we find out?
*The couple jointly sold one of the houses to Lotus (Fiji) for $550,000, a company in which he holds 50% of shares with SUNIL CHAND.
*We understand that the original complainant has also lodged complaints against others, but what matters is whether the allegations can stand up to scrutiny.
*In Biman Prasad's case, we are discovering that some of her cases have merit, and we are discovering more every day. We understand that the complainant lodged her case with the Supervisor of Elections in February, and after reviewing Prasad's statutory declarations, the Supervisor of Elections sent the case to FICAC in April.
*Last Thursday, after months of investigation, FICAC was ready to charge Prasad, but other events intervened, and Fiji's Finance Minister escaped, albeit temporarily. FICAC had obtained independent legal advice to begin laying charges against NFP leader and Finance Minister Prasad.
*We take it Sharma has heard of ZOOM. During the Covid lockdown, many criminal trials continued via Zoom.
*After the untimely death of acting DPP David Toganivalu, his replacement, John Rabuku, did not halt the cases against Frank Bainimarama, Sitiveni Qiliho and Aiyaz Sayed Khaiyum. 
*Two, Bainimarama and Qiliho, are serving prison sentences for trying to halt the criminal investigations into USP.
*Barbara Malimali must allow her FICAC investigators to charge Biman Prasad as was planned last Thursday.
*She can add new charges as we provide FICAC with our findings of falsehoods, omissions, and blatant lies in Prasad's statutory declarations from 2014 to 2024, with Police conducting a separate criminal investigation into his directorship of Lotus (Fiji) Ltd.
*Our investigation reveal that Biman Prasad did not declare that his wife owns two units worth $300,000 (in today's value, maybe $2million) in the Westville Villa complex, owned by Prasad and Sunil Chand.
*Prasad also didn't disclose the two units he bought Off-Plan from Sunil Chand on 12 March 2014, three days before, on 15 March 2014, the two registered Lotus (Fiji) Ltd. Sunil Chand gifted him a 5% share, and the following year, another 45% = 50%.
*Under the Political Parties Act, Prasad is required to declare whether the shares were gift, for he didn't contribute a cent towards the building of the 28 units in Westville, Legalega, Nadi.

*$5million TRUST FUND. If Lynda Tabuya is still married to Rob Semaan, what happened to the TRUST FUND?
*2014 Election: According to PDP president Lynda Tabuya's statutory declaration, she earned $2,600 a month, while her husband earned $15,000 a month.
*Their property was valued at $850,000 while their combined bank balance was $145,000.
*Their asset TRUSTS stood at $5million while their Trust liabilities stood at $2million.
*They also had a mortgage of $300,000.
*2018 Election: Lynda Tabuya claimed her declaration was same as 2014.

*2024 Election: Tabuya declared that she has been divorced from Robert Semaan since 2016  - a declaration that exempted her from declaring his assets.
*In her latest declaration, she claimed Robert Semaan was her 'spouse', hence the acting FICAC deputy commissioner Francis Puleiwai was going to CHARGE Tabuya for making a false declaration.
*However, Barbaba Malimali, as new FICAC Commissioner, closed Lynda Tabuya's FILE.
*In her latest declaration, Tabuya listed the names of her three children but failed to declare their incomes, if any, held in banks.
*However, we cited the childrens bank balances, including her married daughter, and they have $217,249 in their accounts. The three listed children have $93,683.
​*Lynda Tabuya breached the Political Parties Act 2013 by not declaring their monies in their bank of choice.
Meanwhile, 'Father Christmas' has promised to release two more 'nude cavorting videos'.

Leleuvia Island Resort in the Lomaiviti Group

BOANIMATAKA LTD is trading as Leleuvia Island Resort. The land is owned by the Vunivalu of Bau, Ratu Epenisa Cakobau

BIMAN PRASAD you refused to hand to POLICE your TEXT MESSAGES

New Zealander JANET MASON, legal counsel to COI, has filed a report with Fiji Police alleging that her application to obtain practising certificate in Fiji was tampered with last week. *The Chief Registrar and convicted drunkard Tomasi Bainivalu has been harassing Mason on behalf of FICAC Commissioner Barbara Malimali

Jason Mason

Magistrate Waleen George

COMING SOON. The smoking gun evidence that Biman Prasad was to be charged but Barbara Malimali blocked FICAC Legal Officers.
Also, Fiji Police must take Prasad, his wife, and his cousin, into custody for cheating FRCA through Lotus Construction (Fiji) Ltd
RESIGN, Finance Minister BIMAN PRASAD

KARMA and BACHI. Bachi is a Japanese word that is similar to Karma, but relates just to negative actions. In Japanese, they say bachi ga ataru', meaning something bad will happen to you if your actions are malicious.
​*Bachi is considered as 'divine punishment' or 'supernatural retribution' that results from one's bad actions.

Depending on the situation, the Japanese display a sense of restraint in their behaviour for a fear of Bachi. After Buddhism was introduced to Japan, people easily accepted the notion of karmic retribution but not the literal belief of rebirth animals or lower life forms *The Taniguchis never lost hope despite obstacles put in their way to bring NFP leader Biman Prasad to justice, and to overturn the the then suspended DPP Christopher Pryde's decision NOT to prosecute Prasad. Bachi or Karma was on Mrs Ari Taniguchi's fellow traveller with her.

*We may recall that in his recent Tribunal hearing for 'misbehaviour', Pryde claimed from New Zealand that he could not mount a 'Rolls Royce' case because Salesi Temo had stopped his salary.
*Mrs Ari Taniguchi faced similar obstacles, for she was required to deposit thousands of dollars with the Fiji High Court registry if her Judicial Review case against Pryde's decision was to be heard by Temo. 
*According to legal sources close to the Taniguchis', the couple concluded that there was no way they would get justice from Temo, so they reluctantly abandoned their legal challenge, hoping to take up their case before another Fiji High Court judge instead of Salesi Temo.
*Was Pryde, as DPP, wrong not to prosecute NFP leader Biman Prasad?

From Fijileaks Archive, 27 March 2024

*The Lying Lawyers in the then A-G Siromi Turaga's A-G Chambers

Besides the two counts of indecently insulting the modesty of a female, Prasad should have been charged with an alternative count under the Harassment Electronic Act, for those late-night text messages were causing Mrs Taniguchi stress, alarm, and discomfort, according to an Indo-Fijian woman witness who gave evidence to Police.
The DPP should have, then, sent Prasad to stand TRIAL.

In the spat between Pryde and Qiliho, Mrs Taniguchi, the VICTIM, comes across as a lying Japanese housewife.