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Warned in Private, Defended in Public: Why Did Sun Insurance Ignore the March 2025 Letter on Nouzab Fareed, now a convicted SEX OFFENDER. Reserve Bank of Fiji should set up Independent Tribunal into the matter

29/7/2026

 
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PictureLolesh Sharma
Warned in Private, Defended in Public: Why Did Sun Insurance Ignore the March 2025 Letter from Lolesh Sharma on Mohammed Nouzab Fareed?

When the Board of Sun Insurance Company Ltd recently defended its decision to appoint Mohammed Nouzab Fareed as its Chief Transformation Consultant, it did so against a backdrop that the public knew little about.

More than a year earlier, on 31 March 2025, the company's largest shareholder had privately warned the Chairman and founding family directors that appointing Fareed posed a serious threat to Sun Insurance's governance, regulatory standing and corporate reputation.
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That warning was not whispered in a corridor. It was set out in a detailed five-page confidential letter addressed to Chairman Padam Lala by Lolesh K. Sharma, a director and shareholder of Jancourt Holdings Company Ltd (JHCL), which he described as the single largest shareholder in Sun Insurance. Sharma also wrote as a former Chief Executive Officer of Sun Insurance who claimed intimate knowledge of the company's operations and governance.

Today, following Fareed's criminal conviction on two counts of indecent assault and Sun Insurance's public defence of his appointment, that confidential correspondence has become one of the most important corporate governance documents to emerge in recent years.
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The issue is no longer simply Mohammed Nouzab Fareed. The issue is whether Sun Insurance's Board acted responsibly, diligently, and prudently after receiving one of the clearest governance warnings imaginable.

A Letter Marked "Private & Confidential"

The letter was headed "Serious Concerns of Bad Governance at Sun Insurance Company Ltd Board." It immediately made clear that Sharma had not written lightly. He told Chairman Padam Lala that he wished to resolve matters privately to avoid unnecessary public embarrassment for the founding families and to protect the reputation of Sun Insurance as a publicly listed company.
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He reminded the Chairman that he had previously raised governance concerns in March 2023 but claimed no meaningful action had followed. According to Sharma, the problems had instead been allowed to "fester". This was not presented as a hostile shareholder attack. Rather, Sharma described himself as acting out of concern for the company, its shareholders and its policy holders. Ironically, the very publicity the letter sought to avoid has now arrived because subsequent events have dramatically altered the public interest.

The Fareed Warning

​The most striking section concerned the appointment of Mohammed Nouzab Fareed. Sharma criticised what he described as the hiring of Fareed as Board Adviser, alleging that the appointment had occurred without the due process expected of a listed financial institution.

He argued that Fareed was already carrying what he called a "serious cloud" over his reputation because criminal proceedings were pending against him together with other allegations arising from his previous employment. The letter specifically referred to allegations involving inappropriate conduct towards a female employee and warned that Sun Insurance would inevitably face damaging headlines if the appointment became public. Sharma argued that the decision made a mockery of the "fit and proper" standards expected of financial institutions regulated by the Reserve Bank of Fiji.
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At the time those comments were written, Fareed had not been convicted. The criminal proceedings were still before the courts. Like every accused person, he remained entitled to the presumption of innocence. That legal position is important and must be respected.

However, corporate boards are not required to ignore obvious reputational risks simply because criminal proceedings remain unresolved. It also applies to political parties and their leaders. They are expected to assess risk, exercise sound judgment and protect the institutions they govern. That is precisely what Sharma claimed had not happened.

The Court's Decision Changed Everything

​The significance of the March 2025 letter changed fundamentally after the criminal proceedings concluded. In July 2026, Fareed was convicted by the Magistrates Court on two counts of indecent assault involving a female subordinate. The conviction does not prove every allegation contained in Sharma's confidential letter. Nor does it establish that the Sun Insurance Board knew Fareed would eventually be convicted.

But it does establish something equally important. The Board had received a formal written warning from its largest shareholder about the reputational consequences of appointing Fareed long before the court reached its decision.

That warning now deserves close scrutiny. Despite the conviction and growing public criticism, Sun Insurance has publicly defended its decision to appoint Fareed as Chief Transformation Consultant. That defence raises fresh questions.

If the Board still considers the appointment appropriate, what due diligence was undertaken before Fareed was engaged? Did the Board discuss Sharma's confidential letter? Was independent legal advice obtained? Did the Reserve Bank of Fiji receive notification of the concerns? Were shareholders informed?

These questions are no longer speculative.They arise directly from the chronology now in the public domain. The Board cannot say it was never warned. It was. In writing. Months before the controversy became public.

The Reserve Bank's Role

The Reserve Bank of Fiji occupies a unique position. Unlike ordinary commercial disputes, governance failures inside licensed financial institutions affect public confidence in the wider financial system. Policy holders entrust insurers with their savings and protection against future risks. Confidence in governance therefore matters enormously.

The public deserves to know: Did the Reserve Bank receive Sharma's letter? If not, should it have? If it did, what action followed? Was Fareed's appointment considered from a regulatory perspective? Were related-party transactions examined? Was any review conducted into governance arrangements? These questions are directed not at the merits of any individual allegation but at regulatory oversight itself.


SPX Also Has Questions to Answer

Sun Insurance is not merely a private family enterprise. It is listed on the South Pacific Stock Exchange. Listing brings additional obligations. Investors expect disclosure. Material governance disputes may affect shareholder confidence.

If the company's largest shareholder was alleging serious governance failures, did SPX receive notification? If not, why not? If yes, what action followed? These questions deserve clarification.

The Fareed Issue Has Become Symbolic

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Ironically, Mohammed Nouzab Fareed may no longer be the central issue. His appointment has become symbolic of something larger. Corporate governance is tested not when everything proceeds smoothly. It is tested when difficult decisions arise.


How boards deal with risk says more about governance than annual reports or glossy corporate brochures ever can. The March 2025 letter challenged the Board to confront a potentially controversial appointment before events overtook it.

Instead, following Fareed's subsequent conviction, the company found itself publicly defending the decision. Whether that defence ultimately persuades shareholders remains to be seen.

Natural Justice Still Matters

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It is equally important to emphasise what this article does not say. It does not conclude that every allegation in Sharma's letter is true. It does not accuse Padam Lala, Rajeshwar Lala or any director of wrongdoing. It does not state that Sun Insurance breached any law. Nor does it suggest that regulatory authorities failed in any statutory duty.

Those matters depend upon evidence. The purpose of responsible investigative journalism is not to pronounce guilt. It is to identify legitimate questions of public importance and encourage transparent answers. Natural justice requires every person criticised in Sharma's letter to have the opportunity to respond fully. Indeed, such responses may strengthen public confidence if they satisfactorily explain the Board's actions.

Questions Fijileaks Puts to Sun Insurance

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Fijileaks now invites Sun Insurance to answer the following questions:
  1. When was Mohammed Nouzab Fareed first engaged by Sun Insurance?
  2. What due diligence was undertaken before his appointment?
  3. Did the Board discuss the criminal proceedings then pending against him?
  4. Did the Board receive Lolesh Sharma's letter dated 31 March 2025?
  5. Was that letter tabled at a Board meeting?
  6. What decisions were taken?
  7. Was an independent investigation commissioned?
  8. Was the Reserve Bank informed?
  9. Was SPX informed?
  10. Were shareholders advised of the dispute?
  11. Did Fareed participate in Board discussions?
  12. Did he have access to confidential Board papers?
  13. Was he ever considered for appointment as Chief Executive Officer or Principal Officer?
  14. Does the Board continue to stand by its decision following his conviction?

These questions deserve clear answers rather than carefully crafted public relations statements.


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Padam Lala, Then and Now: From Military Procurement Questions to the Sun Insurance Governance Storm

Editor's Note: As Sun Insurance publicly defends its decision to appoint Mohammed Nouzab Fareed despite earlier governance warnings, Fijileaks is revisiting one of its own investigations involving the company's long-serving Chairman, Padam Lala. The article below was originally published during our investigation into alleged procurement irregularities within the Republic of Fiji Military Forces (RFMF). It is republished in the public interest because it forms part of the historical record surrounding an individual who has once again become the subject of public scrutiny over questions of corporate governance. Readers should note that the article reflects the evidence and issues available at the time of its original publication and should be read in that historical context.

PADAM LALA: From the Unpublished RFMF Budget Papers to the Sun Insurance Governance Controversy. Why Fijileaks Is Revisiting an Investigation First Published After the 2006 Coup

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As questions mount over Sun Insurance's decision to appoint Mohammed Nouzab Fareed despite an earlier confidential warning from its largest shareholder, Fijileaks is revisiting an earlier investigation involving the company's long-serving Chairman, Padam Lala.
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Nearly two decades before governance questions engulfed Sun Insurance, confidential Ministry of Home Affairs documents obtained by me raised concerns about procurement practices within the Republic of Fiji Military Forces (RFMF) during the months preceding the 5 December 2006 coup.

​Those unpublished RFMF Budget 2006 papers referred to purchases involving Lotus Garments, a company owned by Padam Lala, and recorded concerns already identified in the 2004 Auditor-General's Report regarding unauthorised procurement, falsified documentation and the need for police investigation.
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The documents did not determine criminal liability against Padam Lala. Rather, they recorded the concerns of officials within the Ministry of Home Affairs and recommended further investigation, stronger procurement controls and the suspension of further dealings with Lotus Garments pending resolution of surcharge issues identified by the Auditor-General.
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According to the confidential submission prepared for the then Minister for Home Affairs, officials warned that the RFMF was allegedly repeating procurement irregularities previously criticised by the Auditor-General, including unauthorised Local Purchase Orders (LPOs), manipulation of invoices, certification of goods allegedly not yet delivered, expenditure without Major Tender Board approval and purchases well beyond approved financial limits.
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One passage specifically referred to the 2004 Auditor-General's recommendation that the Director of Military Resources be surcharged over unauthorised purchases from Lotus Garments, observing: "Given the above it is indeed unethical for RFMF to continue to do business with LOTUS Garments until the surcharge action is finalized."

The submission concluded by recommending 
a surprise special audit; investigation into payments supported by allegedly false Certified Receipt Vouchers (CRVs); disciplinary action against officers responsible for falsified procurement documents; strict compliance with Major Tender Board procedures; and that police be informed of the possibility of fraud.

Fijileaks originally published these documents because they formed part of the wider debate surrounding the RFMF's justification for overthrowing the democratically elected Qarase Government. Our reporting questioned whether allegations of corruption against civilian politicians could be reconciled with confidential government concerns about procurement practices within the military itself.

Today, the relevance of that historical investigation lies not in suggesting that the events are identical, but in explaining why the name Padam Lala has once again become central to a debate about governance.
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The current controversy concerns the governance of Sun Insurance and the Board's decision-making process following warnings about Mohammed Nouzab Fareed's appointment.

The earlier controversy concerned procurement issues documented within confidential RFMF budget papers.

Separated by almost twenty years, both episodes nevertheless place Padam Lala at the centre of important public-interest questions about governance, accountability and institutional oversight.

As I have consistently argued since 2006, good governance is measured not by personalities but by transparency. When serious questions arise, whether involving military procurement or the boardroom of a publicly listed insurer, they should be answered through openness, documentary evidence and independent scrutiny, rather than silence.

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Lotus, Padam Lala and the RFMF: How a Garment Company Became Central to Fiji's Multi-Million Dollar Military Procurement Controversy

An analysis of the unpublished 2006 RFMF Budget Irregularities Brief

In 2006, as Fiji edged ever closer to the military takeover that culminated in the December coup, an internal Republic of Fiji Military Forces (RFMF) brief raised a series of alarming questions about procurement, financial management and accountability. At the centre of the document stood one private company - Lotus Garments Ltd, owned by businessman Padam Lala.
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Nearly two decades later, the document continues to raise uncomfortable questions. It does not accuse Padam Lala personally of criminal conduct. Rather, it identifies Lotus Garments as the principal supplier in a succession of military procurement transactions which the authors alleged were processed in breach of financial regulations and procurement procedures.
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The Shadow of the 2004 Auditor-General's Report

The report begins by reminding readers that Lotus Garments had already featured prominently in the 2004 Auditor-General's Report.

According to the brief, the Auditor-General had recommended that the Director of Military Resources be surcharged over unauthorised purchases from Lotus Garments totalling $1,612,630 during 2003. Instead of correcting those deficiencies, the report argued that the RFMF was once again committing many of the same mistakes in 2006.

That historical reference remains important because it suggests that concerns surrounding Lotus Garments were not isolated incidents but formed part of a wider pattern that had already attracted official scrutiny.

Lotus Garments Became the Military's Principal Supplier

The report shows that Lotus Garments became involved in several major procurement exercises during the first months of 2006.


These included $1.9 million for winter clothing; $3.879 million for body armour, helmets, gas masks and protective equipment; $6.136 million in additional protective equipment that was still awaiting formal approval; $350,000 worth of badges, goggles, gloves and identification equipment; and an additional payment of $50,000 connected to the same procurement process. Collectively, the report estimated that procurement commitments reached almost $11.9 million within only four months. That figure continues to stand out because of both its scale and the speed with which the commitments were allegedly made.

The Report Focused on the Military Rather Than the Supplier

Contrary to what some might assume, the report was not principally an attack on Lotus Garments itself.


Its criticism was directed primarily at the conduct of RFMF officers responsible for authorising purchases, approving payments and processing procurement documentation.

The authors alleged that 
Local Purchase Orders (LPOs) had been issued without proper authority; Major Tender Board approval had allegedly been bypassed; purchase orders exceeded delegated financial authority; invoices were certified before complete delivery of goods; Certified Receipt Vouchers (CRVs) were issued to authorise payment even though some goods had allegedly not arrived; and cancelled tenders were used to justify purchases. Those allegations concern procurement governance rather than the quality of goods supplied by Lotus Garments.

Questions Over Extraordinary Quantities

One of the report's recurring themes was that the quantities purchased appeared far greater than operational requirements. Among the purchases questioned were 
more than 2,500 ballistic helmets; over 2,500 body armour vests; thousands of gas masks; thousands of hydration packs; and 10,000 winter jackets. The report noted that

Fiji's overseas deployments involved only several hundred personnel. It therefore questioned why such quantities had been ordered.

The author also recalled that Australian and United Nations forces were already supplying protective equipment for overseas peacekeeping missions, raising further questions about whether the additional purchases were necessary.

Alleged Manipulation of Financial Documentation

Perhaps the most serious aspect of the report concerns documentation. According to the brief, payment processes allegedly relied upon 
manipulated invoices; altered purchase orders; false certification that goods had been received; CRVs authorising payment before complete delivery.

The report concluded that there had been deliberate attempts to manipulate documentation to facilitate payment and described the circumstances as raising the "possibility of fraud."

These were allegations contained within the internal brief and should be understood in that context unless independently established through official investigation or court proceedings.

Why Was Lotus Still Receiving Contracts? One question continues to resonate.

If the Auditor-General had already criticised military procurement involving Lotus Garments in relation to 2003 purchases, why did the RFMF continue awarding substantial contracts to the same supplier in 2006?

The report itself raised precisely that concern.

It stated that it would be "unethical" for the RFMF to continue doing business with Lotus Garments until the surcharge issues identified by the Auditor-General had been resolved.

Whether that recommendation was ever implemented is not answered by the document.

The Reference to "Election Preparation"

Among the most politically sensitive passages is the discussion surrounding the proposed $6.136 million procurement.

The report stated that inquiries within military stores allegedly revealed that the additional purchases related to "election preparation."

It immediately added that this carried "serious implications indeed."

The document provides no further explanation or supporting evidence for that assertion, and it remains an allegation recorded by the report's author. Nevertheless, viewed against the backdrop of the events that unfolded later in 2006, the observation continues to attract considerable historical interest.

Strong Recommendations Were Made


The report concluded with a series of recommendations that remain striking today. It recommended an immediate surprise audit of the procurement process; that no further business be conducted with Lotus Garments; investigations into payments allegedly supported by false CRVs; disciplinary action against officers responsible; surcharge proceedings; police investigation into the possibility of fraud; stricter procurement controls; and mandatory Major Tender Board approval for major purchases.

Padam Lala Remains Central to the Story

Padam Lala remains central to this historical episode because Lotus Garments featured in virtually every major procurement transaction examined in the report.

However, it is equally important to distinguish between the role of the supplier and the allegations directed at military officials.

The report does not accuse Lala personally of falsifying documents or committing fraud. Rather, it repeatedly alleges that RFMF personnel manipulated procurement procedures, issued unauthorised purchase orders and processed payments improperly while Lotus Garments was the supplier.
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That distinction is legally and historically important.

Nearly twenty years later, the unpublished RFMF Budget – Irregularities brief remains an important historical document. It paints a picture of an RFMF that was allegedly bypassing procurement safeguards, committing itself to almost $12 million in expenditure, and relying upon documentation that the report claimed had been manipulated to facilitate payment.

Lotus Garments, owned by Padam Lala, was the company at the centre of those procurement exercises. Yet the report itself directs its strongest criticism towards the military's procurement system and the officials responsible for administering it, rather than making direct allegations of personal wrongdoing against Lala.

The questions raised in 2006 therefore continue to resonate today. Why were earlier Auditor-General warnings apparently not acted upon? Why did Lotus Garments continue receiving substantial military contracts despite previous concerns? Were the report's recommendations ever implemented? And, perhaps most importantly, were the allegations of procurement irregularities ever fully investigated?

Those questions remain part of Fiji's modern political and governance history, and the brief continues to serve as a reminder that transparency and accountability in public procurement are essential safeguards in any democratic society. 
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​The South Pacific Stock Exchange (SPX) and Reserve Bank of Fiji (RBF) ‘knowingly jeopardised the protection of female employees' after Sun Insurance engaged a senior executive who was recently convicted of sex offences.

The Fiji Women's Rights Movement (FWRM) is deeply concerned that leading SPX-listed company Sun Insurance failed to respond to multiple queries sent on e-mail from significant shareholders expressing their strong concern about the hiring of Mohammad Nouzab Fareed, convicted last week and now on remand for two counts of indecent assaults. 
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After the company’s failure to respond directly to shareholder concerns, FWRM has confirmed the Fareed matter was also reported in writing to both the SPX and RBF with no apparent response.  
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The facts surrounding Fareed's conviction last week have now been widely reported in the media.

When Sun Insurance made the decision to hire Fareed, FWRM acknowledges, he had the benefit of being presumed innocent until a court passed judgement.

However, Fareed was already convicted for indecent assault in December 2021 ([FJMC 41, Criminal Case 174/2] when the company hired him as the Chief Transformation Consultant.
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Fareed was sentenced to 14 months' imprisonment suspended for two years by then-chief magistrate Usaia Ratuvili in a widely publicised case within the business community as he resigned from his previous position as Chief Executive Officer of Fijian Holdings Ltd in December 2019.

Fareed's conviction was quashed by then-High Court judge Salesi Temo in 2022.

“The silence, lack of curiousity and foot-shuffling of SPX and RBF, whose primary responsibilities include market regulation, is astonishing,” said FWRM Executive Director Nalini Singh.

“It is disturbing that the RBF did not even apply its own “fit and proper” fitness test policy to the hiring of employees,” she added.

FWRM believes that the SPX and RBF's lack of focus and urgency addressing multiple written shareholder warnings about a sex offender has clearly jeopardised the protection that the female employees at Sun Insurance should have as a matter of right.

“Sexual violence and indecent assaults are dynamics built around the power imbalance between predator and prey. That the SPX and RBF appear to have seen nothing of concern, despite written warnings, in the power dynamic between this executive officer and the female staff he led is beyond belief,” said Singh. 

“When regulatory protections and barriers repeatedly fail to respond, the system itself must be reformed. We need to pull out the rubbish and make sure the prevention of sexual violence overrides anything else the SPX and RBF have convinced themselves might be a more pressing consideration in how they regulate our capital markets.”

“It is terrifying to think that other listed companies may be considering that Sun Insurance sets a precedent for other sex or non-sex convictions or behaviour patterns to be hidden from public sight and put beyond the reach of regulators,” she warned.

FWRM calls for the adoption of a compulsory zero tolerance policy to Sexual Exploitation Abuse and Harassment (SEAH) by all companies publicly listed, and offers training for the leadership of these companies.
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Training must start from the top, at the highest levels of leadership.

COMMISSION OF INQUIRY DID NOT CREATE THE CRISIS. IT EXPOSED IT. Why the FEO and COI Deserve Defence, Not Blame. Dr Atu Emberson-Bain: 'Commissioners established private Viber group to prevent LEAKS'

27/7/2026

 
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The Electoral Commission has revealed it was forced to communicate through a private Viber group and hold meetings outside the Fijian Elections Office (FEO) during a period without a substantive chairperson, describing the arrangement as unsustainable. The disclosure is contained in the Commission’s response to the Standing Committee on Foreign Affairs and Defence report tabled in Parliament on Friday - The Fiji Times, 19 July 2026

THE COMMISSION OF INQUIRY DID NOT CREATE THE CRISIS. IT EXPOSED IT:
Why the FEO and COI Deserve Defence, Not Blame

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The claim that the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC) imposed an unnecessary financial and institutional burden on Fiji fundamentally misreads both the chronology and the constitutional context. It is an argument that confuses cause with consequence.

The available evidence, including the sworn affidavit of Electoral Commissioner Dr Atu Emberson-Bain, demonstrates that the institutional crisis predated the Commission of Inquiry by many months. The Commission did not manufacture the crisis; it was established because Fiji's constitutional institutions had already become embroiled in an unprecedented conflict.
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The crisis began before the Commission of Inquiry

Critics argue that Prime Minister Sitiveni Rabuka was persuaded into establishing an unnecessary Commission of Inquiry in October 2024 after the Fiji Elections Office (FEO) and FICAC became embroiled in investigations involving the Electoral Commission.

The chronology tells a very different story.
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Dr Atu Emberson-Bain's affidavit reveals that the relationship between the Electoral Commission, then chaired by Barbara Malimali, and Acting Supervisor of Elections Ana Mataiciwa had been steadily deteriorating throughout late 2023 and early 2024. The disagreements centred on constitutional responsibilities, consultation over the appointment of the substantive Supervisor of Elections, compliance with Electoral Commission directives, and the handling of election-related complaints.
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These disputes existed long before Barbara Malimali resigned as Chair of the Electoral Commission to become FICAC Commissioner and months before the Prime Minister established the Commission of Inquiry.

The inquiry therefore cannot fairly be blamed for creating the institutional conflict.
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It was convened because that conflict had already become impossible to ignore. Barbara Malimali's dual role explains the controversy. At the heart of the dispute lies an important constitutional fact often overlooked in public commentary.

Before becoming FICAC Commissioner, Barbara Malimali served as Chairperson of the Fiji Electoral Commission.

Dr Atu Emberson-Bain repeatedly refers in her affidavit to meetings chaired by Malimali, decisions taken under her leadership, and disputes between the Commission and the Acting Supervisor of Elections.
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When Malimali later accepted appointment as FICAC Commissioner, she entered an office whose investigators were already examining matters involving the Electoral Commission she had only recently chaired.

Whether that situation created actual or perceived conflicts of interest was precisely one of the questions the Commission of Inquiry was established to investigate.
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Constitutional disagreements, not politics

Contrary to suggestions that the dispute was merely political, Dr Atu Emberson-Bain's affidavit reveals a series of genuine constitutional disagreements.
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She explains that the Electoral Commission believed the Constitutional Offices Commission had failed to comply with section 76(4) of the Constitution by properly consulting the Electoral Commission during the appointment of the substantive Supervisor of Elections. According to her evidence, the Electoral Commission considered the recruitment process fundamentally flawed and recommended that it be restarted.

Whether those concerns ultimately prove legally correct is for the courts to determine.
But they clearly demonstrate that constitutional issues, not partisan politics, lay at the heart of the dispute.

A dispute over constitutional authority

Dr Atu Emberson-Bain also sets out the Electoral Commission's understanding of its constitutional authority.
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She relies on section 76 of the Constitution and relevant provisions of the Electoral Act, arguing that the Supervisor of Elections acts under the direction of the Electoral Commission and is legally obliged to comply with its lawful directives. She then identifies several instances in which she says those directives were not followed.

The then Acting Supervisor Ana Mataiciwa advanced a different legal interpretation.

That competing interpretation did not demonstrate institutional misconduct. It demonstrated the existence of a serious constitutional dispute requiring independent examination.

The Viber group was a consequence, not evidence of dysfunction

Recent commentary has portrayed the Electoral Commission's use of a private Viber group and meetings outside official premises as evidence of institutional incompetence.

Dr Atu Emberson-Bain's affidavit provides the missing context.

She explains that Commissioners established the private Viber group because of repeated leaks of confidential Electoral Commission information, concerns about security breaches and what they regarded as an increasingly hostile working environment. Meetings were subsequently moved outside the Fiji Elections Office for those same reasons.

Viewed in that context, the Viber group was not a symptom of administrative chaos.

It was an emergency measure adopted to preserve confidentiality after ordinary institutional arrangements had broken down.

The FICAC investigation disrupted Electoral Commission operations


Dr Atu Emberson-Bain also recounts the execution of FICAC's search warrant on Electoral Commission offices.

She describes the seizure of Commission files and equipment, the continuing retention of records, and the uncertainty that followed among Commissioners. She also recounts correspondence sent to the Judicial Services Commission expressing concern about the impact of the investigation on the Commission's constitutional functions.

Those events inevitably affected the Electoral Commission's operations.

They help explain why Commissioners later found themselves communicating through encrypted messaging and meeting outside their own offices.

The Commission of Inquiry became inevitable


Perhaps the strongest defence of the Commission of Inquiry comes from Dr Atu Emberson-Bain's affidavit itself.

Her evidence directly disputes assertions made by 
Barbara Malimali; Acting Supervisor Ana Mataiciwa; Alexandra Forwood; other witnesses concerning the appointment process; differing interpretations of the Electoral Act; and the handling of complaints involving Members of Parliament.

The affidavit illustrates the existence of multiple competing sworn versions of the same events.

That is precisely the circumstance in which an independent Commission of Inquiry becomes constitutionally appropriate.

Without such an inquiry, Fiji would have been left with competing public allegations and no independent mechanism to examine the evidence.

The Fiji Elections Office should not become a scapegoat

None of this requires portraying the Fiji Elections Office as acting in bad faith.

The FEO continued discharging statutory responsibilities while operating under exceptional pressure arising from constitutional disputes, criminal investigations and intense public scrutiny.

Nor should cooperation between FEO officials and FICAC investigators automatically be characterised as improper. Public officials generally have legal obligations to cooperate with lawful criminal investigations.

The institutional conflict was considerably more complex than simplistic narratives suggest.

The Commission exposed existing weaknesses


Ironically, the very matters now cited by critics as evidence that the Commission of Inquiry was unnecessary actually demonstrate why it was indispensable. The Electoral Commission itself acknowledged that, during this turbulent period, it operated without a substantive chairperson after Barbara Malimali's departure, Commissioners were compelled to communicate through private Viber messages and convene meetings outside official premises, administrative support was severely disrupted, Commission records had been seized during criminal investigations, and public confidence in the institution had inevitably been undermined.

These were not conditions created by the Commission of Inquiry; they were the very circumstances that made an independent inquiry both necessary and unavoidable. Rather than manufacturing a constitutional crisis, the Commission of Inquiry exposed one that had already taken root within Fiji's electoral governance and brought it into the open for independent scrutiny.

The courts will determine the legal outcome


The High Court will ultimately determine whether the Commission of Inquiry acted lawfully and whether its findings should stand.

That judicial process should proceed free from political attempts either to glorify or discredit the inquiry before the Court has spoken.

The attempt to portray the Commission of Inquiry as an unnecessary burden on Fiji ignores the evidence now available.

Dr Atu Emberson-Bain's sworn affidavit reveals an Electoral Commission, chaired at the time by Barbara Malimali, already engaged in deep constitutional disagreements with the Acting Supervisor of Elections over statutory powers, consultation obligations, election complaints, confidentiality, institutional independence and administrative control months before Malimali became FICAC Commissioner.

Those disagreements were then overtaken by Malimali's appointment to head FICAC, the execution of search warrants, competing legal interpretations, allegations and counter-allegations, and growing public concern over the integrity of constitutional institutions.

The Prime Minister Sitiveni Rabuka did not create those problems by establishing the Commission of Inquiry.

He responded to them.

Whether every conclusion reached by the Commission ultimately survives judicial scrutiny is a matter for the High Court. But the existence of the inquiry itself was not evidence of governmental overreach.

It was a recognition that Fiji's constitutional institutions had entered territory where only an independent examination of the facts could restore public confidence.

Far from creating the crisis, the Commission of Inquiry exposed a constitutional conflict that had already been unfolding within Fiji's electoral governance for many months.

From Fijileaks Archives

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No Mandate, No Neutrality: Why Barbara Malimali's Succession Move Threatened Public Trust

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When Barbara Malimali informed the Constitutional Offices Commission (CoC), "In the meantime, I recommend Dr Atu Emberson-Bain for the position of Acting Chair of the Commission," she crossed into constitutional territory where restraint was expected of every holder of high public office.

The issue was never whether Dr Atu Emberson-Bain possessed the experience or integrity to serve on the Electoral Commission. Nor is this analysis directed at her personally. Rather, the constitutional question was, and remains, whether Barbara Malimali possessed any legal authority to recommend who should become the Acting Chair of the Electoral Commission.

The answer was NO.
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Under section 75 of Fiji's 2013 Constitution, the Chair and members of the Electoral Commission are appointed by the President acting on the advice of the Constitutional Offices Commission. The Constitution establishes an independent appointment process designed to safeguard the Electoral Commission from political influence and internal succession planning. It continues to require that appointments be made through that constitutional mechanism alone.

The Constitution also prescribes that the Chair must be a legal practitioner with at least fifteen years' post-admission experience. However, it does not confer upon an outgoing Chair any constitutional or statutory authority to nominate, designate or recommend an Acting Chair or successor.

That responsibility belonged then, and continues to belong, exclusively to the Constitutional Offices Commission, which advises the President on appointments.
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Consequently, Malimali's recommendation carried no constitutional or legal effect. It amounted only to a personal recommendation. It neither bound nor directed the Constitutional Offices Commission in the exercise of its constitutional responsibilities.

The significance of the recommendation, however, lay not in its legal force but in its constitutional implications.

The Electoral Commission was established as one of Fiji's principal independent constitutional institutions. Its legitimacy depended, and continues to depend, not merely upon legal independence but also upon public confidence that appointments are made impartially and without favour, lobbying or internal succession planning.

By recommending a preferred successor, Malimali created an impression that was capable of undermining that confidence.

Whether or not the recommendation was made with the best of intentions is beside the point. Constitutional officeholders are expected not only to comply with the law but also to avoid conduct that may reasonably give rise to perceptions of influence over constitutional processes.

That principle remains fundamental today.
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The constitutional appointment process exists precisely so that no outgoing officeholder can be seen as shaping the future leadership of an institution that is intended to function independently of individual personalities.

Public confidence is strengthened when appointments are determined exclusively by the constitutional authorities entrusted with making them, rather than by preferences expressed by those leaving office.

Good governance demanded restraint then, just as it does now.

The integrity of the Electoral Commission rests not only upon compliance with the letter of the Constitution but also upon adherence to its underlying constitutional values, independence, impartiality and institutional neutrality.

For that reason, succession to the Chair of the Electoral Commission should always be determined solely through the constitutional process established under section 75.

​Any recommendation by an outgoing Chair, however well-intentioned, possesses no constitutional standing and risks creating the perception that the independence of the appointment process has been compromised.
​
Ultimately, this issue extends beyond Barbara Malimali or Dr Atu Emberson-Bain. It concerns the constitutional integrity of Fiji's electoral system itself. The Constitution entrusted appointments to the Constitutional Offices Commission and the President, not to departing officeholders. That principle governed the process then, and it continues to govern it today.
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Public trust in constitutional institutions is preserved only when those who occupy high office recognise the limits of their authority and allow independent constitutional processes to operate free from actual influence and free from any reasonable perception of influence.

RABUKA DRAWS THE CURTAIN ON THE COI: No Parliamentary Scrutiny for Fiji's Most Expensive Public Inquiry. We have consistently maintained that SUNLIGHT remains the strongest DISINFECTANT in PUBLIC LIFE

26/7/2026

 
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*If the Report clears those under suspicion, why should Parliament not see it. Rabuka cannot simultaneously claim the report vindicates public officials while refusing to allow Parliament to examine the evidence on which that vindication rests.

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Prime Minister Sitiveni Rabuka has confirmed that the Commission of Inquiry (COI) report into the appointment of former FICAC Commissioner Barbara Malimali will not be tabled in Parliament. Instead, Parliament will only receive details of the Government's expenditure on the inquiry as part of the normal reporting of public finances.

​According to Rabuka, the report has already been submitted to President Ratu Naiqama Lalabalavu, who commissioned the inquiry, and any follow-up action now rests with the Prime Minister's Office, the Office of the Director of Public Prosecutions (ODPP), FICAC, and the Fiji Police Force.
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Rabuka also defended the estimated multi-million-dollar cost of the inquiry, arguing that it was money well spent because it had established that people who had been under suspicion "didn't do anything wrong" and that public funds had been used to uphold the rule of law.

​He maintained that while Parliament should know how much the inquiry cost, there was no constitutional or legal necessity for the report itself to be tabled because it had been commissioned by the President rather than Parliament.

What Rabuka's Decision Means

The Prime Minister's announcement effectively ends any expectation that Fiji's elected representatives will debate the report in Parliament.

This distinction is significant.
​
Parliament is the country's supreme forum for democratic accountability. Once a report is tabled, Members of Parliament can scrutinise its findings, question ministers, debate recommendations, and place differing views on the public record. By withholding the report from Parliament, those opportunities disappear.

Instead, the Government intends to rely on executive agencies to determine what further action, if any, should follow.
​
Legally, Rabuka may well be correct that the President, as the commissioning authority, receives the report. But legality and accountability are not necessarily identical concepts.

Many commissions of inquiry throughout Commonwealth jurisdictions are ultimately published precisely because they involve matters of overwhelming public importance and because they are funded by taxpayers.

The Constitutional Question

​Rabuka's explanation rests on a narrow constitutional proposition that 
the President commissioned the inquiry; therefore the President receives the report; and Parliament need only approve or scrutinise the expenditure. That interpretation has legal logic.

Yet another constitutional principle exists alongside it.

In any parliamentary democracy, executive government remains politically accountable to Parliament for how public power, and public money, is exercised.

When millions of dollars are spent investigating allegations involving the country's premier anti-corruption institution, many constitutional lawyers would argue that Parliament has a legitimate oversight interest extending beyond merely approving the bill.
​
The issue therefore becomes one of constitutional convention rather than strict legal obligation.

Public Interest Versus Confidentiality

The Government faces competing considerations. 
Some recommendations may concern criminal investigations. Others may involve disciplinary proceedings. Publication could potentially prejudice prosecutions or ongoing investigations. Those are legitimate concerns. Even though the DPP has closed the Police files arising from the COI recommendations.
​
However, complete non-disclosure raises equally legitimate questions.
​
The inquiry heard evidence over many months, called numerous witnesses, and generated considerable public expectation. Taxpayers financed every sitting. Citizens therefore have an understandable interest in knowing 
what systemic failures were identified; what institutional reforms were recommended; whether public officials were criticised, and what lessons Government intends to implement.

These broader governance issues can often be disclosed without prejudicing criminal proceedings.

Rabuka's Defence of the Cost


The Prime Minister's most striking observation was his justification for spending millions on the inquiry. He argued that: "At least those people who had been suspected of doing wrong now know that they didn't do anything wrong."

That is one possible interpretation of the inquiry's value.

Another is that commissions of inquiry exist not primarily to clear individuals but to uncover facts, expose institutional weaknesses, recommend reforms, and restore confidence in public administration.

Even where no criminal liability results, a commission can still reveal procedural failures, conflicts of interest, governance deficiencies, or legislative gaps requiring correction.

Those broader public-interest objectives are arguably as important as determining individual innocence.

The Institutions Now Under Pressure

Rabuka indicated that responsibility now shifts to 
the Office of the Prime Minister; the Office of the Director of Public Prosecutions; FICAC; and the Fiji Police Force. This means the public will judge these institutions not by the inquiry itself but by what happens next.

If recommendations lead to reforms, prosecutions, or legislative changes, confidence may increase.

If little happens, critics will inevitably ask whether the inquiry produced meaningful outcomes commensurate with its cost.

The Broader Political Context

The COI became one of the most politically consequential public inquiries in recent Fiji history because it touched the integrity of the country's anti-corruption architecture.

Barbara Malimali's appointment, subsequent legal challenges, judicial proceedings, and the inquiry itself have generated months of intense public debate.

Against that background, withholding the report from Parliament risks prolonging speculation rather than bringing closure.

Transparency often ends controversy.

Secrecy, even if legally justified, can sometimes extend it.

Fijileaks has consistently maintained that sunlight remains the strongest disinfectant in public life.

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Prime Minister Sitiveni Rabuka says Parliament need only see the bill - not the report.

That may satisfy the minimum legal requirement.

It does not satisfy the higher standard of democratic accountability.

Fijileaks has consistently maintained that sunlight remains the strongest disinfectant in public life.
​
If taxpayers financed a Commission of Inquiry costing millions of dollars, then taxpayers deserve more than reassurance that "those suspected did nothing wrong."

They deserve to understand why that conclusion was reached.

They deserve to know whether government institutions functioned properly.

They deserve to know what reforms have been recommended.

They deserve to see, except where genuine legal necessity requires redaction, the reasoning behind one of the most significant inquiries into Fiji's governance in recent years.

Parliament exists precisely to scrutinise the Executive.
​
A report that never reaches Parliament cannot be debated by elected representatives, challenged by the Opposition, or defended by ministers in full public view.

The Government says criminal investigations continue.

If so, sensitive portions of the report could be withheld temporarily or appropriately redacted.

That should not become a justification for suppressing the entire document indefinitely.

History shows that confidence in institutions is strengthened not by secrecy but by openness.

Whether the report ultimately vindicates officials, criticises procedures, recommends sweeping reforms, or does all three, its greatest value lies in informing the nation.

A Commission of Inquiry should leave behind more than invoices and expenditure statements.

It should leave behind a public record.
​
Otherwise, Fiji risks remembering not what the inquiry discovered but only how much it cost.

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*We have the entire tape recording in our possession plus the transcript

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Despite this, the meeting quickly descended into a series of interventions aimed at derailing the investigation and preventing charges.

Alleged Interference by Chief Registrar Tomasi Bainivalu

Tomasi Bainivalu, the Chief Registrar, immediately questioned FICAC’s authority to arrest Malimali and urged caution, while simultaneously suggesting that the investigation be halted:

“I do not know what power you have to arrest your own Commissioner… Why so fast overnight? Is it birthed from bitterness?… I’m not here to interfere with your work, but what is the right and best way?”

Most significantly, Bainivalu relayed what he described as instructions from the Chief Justice Salesi Temo:

“Just when she left… the Chair called again to CJ… and I remember he did say that on the phone… don’t accept any charge… this is the beginning of that dialogue.”


This statement is deeply concerning. If accurate, it indicates that a senior judicial officer sought to prevent the filing of a criminal charge, potentially amounting to judicial interference in an active investigation. It is one of the clearest indicators in the transcript of a potential attempt to pervert the course of justice, because it suggests coordination between the judiciary and external actors to prevent a criminal charge from ever reaching the courts.

Alleged Pressure and Threats from Senior Lawyer Amani Bale

Amani Bale, a senior lawyer, made some of the most direct and threatening interventions. He demanded that the suspect be released:

“I ask that you release her and she be released immediately and let the JSC go and convince…”

He also attempted to intimidate investigators by threatening their professional futures:
​
“What you have done now will spoil your careers but that’s your choice.”

Bale repeatedly asserted that pursuing charges would be futile because the courts would refuse to entertain them:

“You heard very clearly that Court would not accept it… if you go to Court it won’t accept your charges.”


These statements constitute clear attempts to pressure investigators into abandoning their lawful duties.

Alleged Misuse of Authority by Wylie Clarke, President of the Fiji Law Society

Wylie Clarke, President of the Fiji Law Society, argued that because Malimali had been appointed Commissioner, investigators were now obliged to obey her instructions, even though she was the subject of their investigation:

“She is now the substantive Commissioner under the law… you have to follow her direction right or wrong… If she directs you to stop this right now, what would you guys do?”

He further warned that continuing with the investigation would provoke institutional conflict:

“Continuing down this path is going to end up in a stand-off between this organisation and the Court… That will undermine confidence in the whole justice system.”

Such statements are significant because they explicitly suggest that institutional power, rather than law, should dictate the outcome of a criminal investigation.

Alleged Attempts by Senior Lawyer Laurel Vaurasi to Dissuade Investigators

Laurel Vaurasi, a senior practitioner, echoed similar arguments, warning that continuing the investigation could place FICAC “outside the law”:

“If you continue to keep her… the Court will listen to her application but not yours… Standing by your conviction has to be based on law… Otherwise, you are now operating outside the law.”

Her remarks were calculated to sow doubt about the legality of the investigation and discourage investigators from proceeding. While more subtle, Vaurasi's language is part of intimidation and pressure aimed at halting a criminal process. Even indirect attempts, by invoking consequences and urging withdrawal, can amount to perversion if they are intended to derail an investigation.

Alleged Conduct of Barbara Malimali – Initiating External Interference

It is understood that Barbara Malimali herself telephoned Wylie Clarke, while she was under active investigation and/or under arrest, to seek his assistance. If proven, this demonstrates that Malimali herself initiated efforts to interfere with the investigation.

The transcript also shows that her supporters repeatedly invoked her appointment as Commissioner as a shield against prosecution, implying that investigators were now subordinate to her, even though the investigation predated her appointment and concerned her own conduct.

Pattern of Coordinated Obstruction

When viewed collectively, the statements above reveal a pattern of coordinated conduct by senior figures, including judicial officers and members of the legal profession, aimed at obstructing a criminal investigation. This includes:
  • Relaying instructions allegedly from the Chief Justice not to accept charges.
  • Issuing threats to investigators’ careers.
  • Misrepresenting the legal effect of the suspect’s appointment.
  • Demanding her immediate release.
  • Warning of institutional retaliation if the investigation continued.
  • Soliciting external assistance from professional associations to intervene.

The content and tone of the meeting make clear that these were not mere opinions or legal debates.They were calculated acts intended to discourage, prevent, or defeat the course of justice.

Contrast: FICAC Investigation Team (Puleiwai, Saumi, Bokini Ratu). These officers largely resisted pressure and emphasised:
  • The investigation had been ongoing since April.
  • Evidence existed to support charges.
  • They were acting under constitutional powers and the rule of law.
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ABUSE OF PROCESS: Fiji High Court Permanently Stays FICAC charges Against Charlie Charters. Ruling is a reminder that constitutional rights impose meaningful limits on the investigative powers of State agencies

24/7/2026

 
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The High Court has delivered one of the most significant criminal procedure rulings in recent Fiji jurisprudence, permanently staying the prosecution against former journalist and Facebook commentator Charlie Charters after concluding that the proceedings constituted an abuse of process. In a judgment delivered on 24 July 2026, Justice P. K. Bulamainaivalu held that FICAC had violated Charters' constitutional rights, failed to establish essential elements of the offences charged, and brought a prosecution that was "inevitably or foredoomed to fail".

The ruling is remarkable not merely because the charges were halted, but because the Court concluded that allowing the prosecution to continue would itself undermine the administration of justice.

The Charges

​Charters had been charged with two counts of aiding and abetting offences under section 13G(1) of the FICAC Act 2007, read together with section 45 of the Crimes Act 2009.

FICAC alleged that by publishing information on his Facebook page relating to the Commission's functions, Charters had intentionally aided an unidentified FICAC officer who had unlawfully disclosed official information.
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Rather than proceeding to trial, Charters sought a permanent stay on multiple grounds, including 
abuse of prosecutorial process; coercion to reveal confidential sources; violation of constitutional rights; inevitable failure of the prosecution; and conflict of interest involving Acting Commissioner Lavi Rokoika.

Abuse of Process: The Court's Central Finding

Justice Bulamainaivalu began by reviewing long-established common law authorities governing permanent stays, emphasising that although such orders are exceptional, they are justified where prosecution would undermine public confidence in the administration of justice. The judgment relied heavily on leading authorities including Abouzirk v State
, State v Pal, and Takiveikata v State.

The Court identified several independent reasons why the prosecution had crossed that threshold.

1. Violation of the Right Against Self-Incrimination

​Perhaps the most significant constitutional finding concerned FICAC's attempt to compel Charters to disclose confidential sources for information he had published.
​
The Court accepted that investigators questioned Charters about the identity of his sources before properly cautioning him or allowing consultation with legal counsel.

Justice Bulamainaivalu concluded that 
Charters' constitutional right to remain silent under section 13 had been breached; the right against self-incrimination cannot be qualified merely because investigators seek disclosure of confidential sources; and evidence obtained in breach of that right could not legitimately underpin the prosecution.

The judgment relied on Khan v State, reaffirming that constitutional protections apply equally during investigative questioning.

Although Charters is a former journalist who now regularly publishes commentary on his Facebook page, the Court accepted that he was entitled to invoke constitutional protections relating to confidential sources. Justice Bulamainaivalu held that investigators could not lawfully compel disclosure of those sources in breach of the constitutional right to remain silent and the protection against self-incrimination.

2. Freedom of Expression

The Court also accepted Charters' submission that the prosecution directly affected his constitutional right to freedom of speech, expression, opinion and publication.

Justice Bulamainaivalu held that Charters had a constitutional right under section 17 of the Constitution to publish information and to decline to reveal his confidential sources unless that right was lawfully limited under the Constitution.

The judgment concluded that no such lawful justification existed in this case and therefore FICAC had violated section 17 of the Constitution.

This finding represents an important judicial affirmation that constitutional protections for freedom of expression extend to those engaged in publishing information in the public interest.
​
3. Charges "Foredoomed to Fail"

The Court next examined whether the prosecution was legally capable of succeeding.

Justice Bulamainaivalu found multiple fatal deficiencies.

Most notably, FICAC had never identified the alleged principal offender whom Charters supposedly aided and abetted.

Without identifying the alleged FICAC officer who unlawfully disclosed information, one of the essential ingredients of aiding and abetting simply could not be established.

The Court further criticised the charge particulars as being overly broad and lacking sufficient specificity to enable a proper defence.

Accordingly, relying on authorities including R v Smith and Ridgeway v The Queen, the Court concluded that the prosecution was "inevitably or foredoomed to fail".

That conclusion alone would ordinarily justify intervention before trial.

4. Conflict of Interest

Justice Bulamainaivalu also accepted that Count 2 raised a genuine conflict of interest.

The publication in question concerned Acting Commissioner Lavi Rokoika's appointment of her own niece-in-law as a FICAC legal officer.

The Court observed that the Acting Commissioner was simultaneously sanctioning prosecution over publications concerning herself.

The judgment regarded this as indicative of FICAC's failure properly and thoroughly to evaluate the prosecution before laying charges.

5. Acting Commissioner's Appointment

Charters also argued that all actions taken by Acting Commissioner Rokoika were void because her appointment was unlawful.

Here, however, the Court rejected his submission.


Justice Bulamainaivalu held that the de facto officer doctrine remained applicable.

Relying on decisions including Shankar v State, Murti v State, Kamikamica v FICAC and Waqanika v FICAC, the Court held that even if questions existed regarding the legality of an appointment, acts performed by a de facto office-holder remain legally effective unless set aside through judicial review.

Accordingly, the Court declined to invalidate the prosecution solely because of the appointment issue.

This aspect of the judgment is consistent with earlier High Court decisions preserving the legal validity of actions taken by Acting Commissioner Rokoika pending any successful judicial review of her appointment.


The Court's Conclusions

Justice Bulamainaivalu ultimately reached five principal findings:
  1. FICAC violated Charters' constitutional right against self-incrimination.
  2. FICAC violated his constitutional freedom of expression by seeking disclosure of confidential sources.
  3. The aiding and abetting prosecution was legally doomed to fail.
  4. Count 2 involved a conflict of interest.
  5. The de facto officer doctrine prevented collateral attacks on the Acting Commissioner's appointment within these proceedings.
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Having weighed these matters collectively, the Court held that continuing the prosecution would constitute an abuse of process warranting the exceptional remedy of a permanent stay.

From a criminal law perspective, this judgment is significant on several levels.

First, it reinforces that prosecuting authorities must ensure every essential element of an offence is capable of being proved before instituting criminal proceedings. Where a prosecution lacks fundamental legal ingredients, the High Court retains jurisdiction to intervene before trial.

Secondly, the ruling strengthens constitutional protections surrounding confidential sources. Although the Court did not create an absolute legal privilege, it made clear that investigators cannot compel disclosure in disregard of constitutional guarantees protecting silence, freedom of expression and the privilege against self-incrimination.

Thirdly, the judgment demonstrates the continued vitality of the High Court's inherent jurisdiction to prevent abuse of criminal process. Permanent stays remain exceptional remedies, but they remain available where prosecutorial conduct threatens the integrity of the administration of justice.

Finally, the Court reaffirmed that challenges to the legality of an Acting Commissioner's appointment should ordinarily be pursued through judicial review rather than collateral attack in criminal proceedings, applying the established de facto officer doctrine.


Justice Bulamainaivalu's decision is far more than a victory for Charlie Charters. It is a reminder that constitutional rights continue to impose meaningful limits on the investigative powers of State agencies.

The judgment makes clear that criminal prosecutions cannot be sustained where investigators breach the constitutional right to remain silent, seek to compel disclosure of confidential sources, or proceed on charges lacking essential legal ingredients.

Equally significant is the Court's willingness to permanently halt proceedings that it regarded as fundamentally unfair and inconsistent with the proper administration of justice.

Whether FICAC chooses to appeal will determine whether these important constitutional principles are reconsidered by the Fiji Court of Appeal.

Unless overturned, however, this judgment is likely to stand as an important authority on abuse of process, prosecutorial fairness, freedom of expression and constitutional protections within Fiji's criminal justice system.

FICAC DROPS CHARGES AGAINST CHRISTOPHER PRYDE: State's Criminal Case Ends Before Trial

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From Victor Lal to Charlie Charters: Has Fiji Finally Drawn Constitutional Limits Around the Pursuit of Confidential Sources?

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In February 2008, I found myself under sustained criticism from Fiji's then Solicitor-General, Christopher Pryde.
​

The dispute arose after the Fiji Sun published an article concerning the Daniel Fatiaki Tribunal. Pryde dismissed my reporting as "dishonest journalism", claimed it bordered on contempt of court, criticised my reliance on confidential sources and demanded publication of the then Attorney-General Aiyaz Khaiyum's lengthy rebuttal.

At the time, I regarded the exchange as another confrontation between investigative journalism and the State.
​
Looking back eighteen years later, however, it seems to represent something much larger.
​
Not because Christopher Pryde himself became Director of Public Prosecutions, was later suspended, prosecuted and ultimately had the criminal charges against him withdrawn.

Nor because Charlie Charters has now successfully challenged a FICAC prosecution that the High Court ruled amounted to an abuse of process.

Rather, the common thread running through all three episodes is the constitutional status of confidential sources and the limits of State power.
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The Question That Never Went Away

Throughout modern democratic societies, investigative journalism depends upon confidential sources.
​

Officials speak only because they trust that journalists, commentators and publishers will protect their identities.

Without that protection, many matters of public interest would never become public.

In 2008, Christopher Pryde questioned my reliance upon unnamed sources.

He was entitled to challenge the accuracy of my reporting.

He was entitled to demand publication of his response.

What he could not establish, and never did establish, was that reliance upon confidential sources was itself improper.

That issue remained unresolved.

Eighteen Years Later

The issue resurfaced in an entirely different legal context.

Charlie Charters, a former journalist who now publishes commentary on Facebook, refused to reveal confidential sources during a FICAC investigation.

The High Court has now ruled that investigators violated his constitutional rights when they sought to compel disclosure in breach of the Constitution's protections against self-incrimination and its guarantee of freedom of expression.

That judgment does not create an absolute privilege protecting every confidential source.

But it does recognise that constitutional rights impose limits upon investigative agencies seeking disclosure.

That is a significant constitutional development.

An Historical Irony

There is an irony which history alone could produce.

In 2008 Christopher Pryde appeared as one of the State's senior legal defenders, responding forcefully to criticism of government actions.

Years later he himself became the subject of criminal investigation and prosecution.

That prosecution has now ended after FICAC discontinued the proceedings before trial.

The irony is not that history somehow vindicated one side or another.

The irony is that those who once defended the machinery of State later found themselves subject to that same machinery.

Constitutions exist precisely because public office changes hands.

The legal protections available today to one citizen must remain available tomorrow to another.

The Charters Judgment Changes the Conversation


What the High Court has now made clear is that investigative agencies cannot ignore constitutional safeguards simply because they believe disclosure would assist an investigation.

The Court found that Charters' constitutional rights had been infringed.

That finding now becomes part of Fiji's constitutional jurisprudence.

It represents something broader than the outcome of one prosecution.

It establishes that courts remain willing to supervise the exercise of investigative power.

Looking Back

When I recall my exchanges with Christopher Pryde in 2008, I no longer see merely a disagreement over one article.

I see an early example of an enduring constitutional tension.

How should governments respond when confidential sources expose matters of public interest?

How far may investigators go in attempting to identify those sources?

At what point does legitimate investigation become an intrusion upon constitutional freedoms?

Those questions have persisted for nearly two decades.

The individuals have changed.

Governments have changed.

Institutions have changed.

The constitutional questions have not.

The significance of the Charters judgment extends well beyond one Facebook commentator. It marks an important stage in Fiji's constitutional development by affirming that the search for evidence must itself remain subject to constitutional restraint.

Looking back to 2008, my disagreement with Christopher Pryde was not legally the same as the Charters litigation, nor should the two be conflated.

Yet both episodes illuminate the same enduring tension between investigative power and the protection of confidential sources.

The Fiji High Court has now supplied a constitutional framework that was largely absent from public debate eighteen years ago.

​Whether one is a journalist, a blogger, a public official or an ordinary citizen, the principle is the same: the rule of law demands that the State pursue accountability without abandoning the constitutional rights it exists to protect.

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Read full Charlie Charters Judgment

'That Is What I Thought… Kiss': How the Fareed Judgment Redefines the Law on Workplace Sexual Misconduct in Fiji. Nouzab Fareed unlawfully hugged complainant, sniffed her, and rubbed his lips on her neck in 2019

23/7/2026

 
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In the next instalment, Fijileaks will undertake a detailed comparative legal analysis of the Fareed judgment and the criminal complaint brought by Ari Taniguchi against former Deputy Prime Minister and NFP leader Professor Biman Chand Prasad. We will examine the similarities and differences between the allegations, the evidence available in each case, the role of corroborative material, witness credibility, the significance of workplace power dynamics, and the legal principles governing indecent assault. Most importantly, we will ask whether the reasoning adopted by Magistrate Waleen George in Fareed sheds fresh light on the decision by then Director of Public Prosecutions Christopher Pryde to discontinue the proceedings against Biman Prasad before a court had the opportunity to determine the facts. The comparison will not seek to prejudge guilt or innocence; rather, it will explore whether the Fareed judgment offers a useful framework for understanding one of the most controversial prosecutorial decisions in Fiji's recent legal history.

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The conviction of former Fijian Holdings Limited Group CEO Mohammed Nouzab Fareed on two counts of indecent assault is one of the most significant workplace sexual misconduct judgments delivered by a Fiji court in recent years. Far more than a routine conviction, Magistrate Waleen George's 22-page judgment provides a detailed judicial analysis of consent, workplace power, credibility, corroboration and grooming. It also demonstrates how courts approach allegations that often occur in private, leaving little direct evidence beyond the testimony of the complainant and the accused.
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The judgment is noteworthy because it rejects several assumptions frequently advanced in sexual offence cases: that delayed complaints undermine credibility, that friendly workplace conduct excuses intimate touching, or that a complainant's failure to immediately resist necessarily implies consent.

Instead, the court carefully analysed the evidence, accepted the complainant's account and concluded that the prosecution had proved both charges beyond reasonable doubt.

The Allegations

Fareed was charged with two counts of indecent assault under section 212(1) of the Crimes Act 2009.
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The first alleged that on 25 June 2019 he unlawfully hugged the complainant, sniffed her and rubbed his lips on her neck.

The second related to a later incident in September 2019 following a recorded meeting in his office.

The complainant (identified only as "PW1") described a pattern of escalating conduct beginning months earlier.
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She testified that during an initial meeting in May 2019, Fareed hugged her and spent several seconds sniffing her hair after discussing helping her obtain employment.


Later, after she had successfully transferred to a financial institution within the same corporate group, she alleged that Fareed began making increasingly personal remarks.
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According to her evidence, he asked about her fiancé, commented that he liked "tall sexy girls", suggested that because her partner was overseas he was "the lucky one", asked whether he could kiss her, and eventually hugged her tightly, rubbed his lips on her cheek while sniffing her hair and prevented her from leaving immediately.

She told the court she was terrified.

The Secret Recording

​One of the most unusual features of the case was the complainant's decision to secretly record a subsequent meeting in September 2019.

The recording lasted more than nine minutes.

At first glance, the transcript appeared relatively innocuous.

However, Magistrate George did not confine herself to the typed transcript.

Instead, she repeatedly listened to the original audio recording.

That proved crucial.

At approximately seven minutes and thirty-eight seconds, the Magistrate identified breathing sounds, a noticeable change in Fareed's tone, audible sniffing and nervous laughter by the complainant that were not reflected in the written transcript.

Immediately afterwards Fareed was heard saying: "That is what I thought... aye seriously I can't... kiss."
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The court regarded this portion of the recording as highly significant.

Rather than treating the recording as neutral, the Magistrate concluded that, when read together with the complainant's oral testimony, it corroborated her account that Fareed had sniffed her hair, kissed her forehead, touched her ear and rubbed her chest without consent.

Credibility Was the Decisive Issue

Like many sexual offence trials, the case ultimately turned upon credibility.

The defence attacked the complainant's motives.
​
It suggested she was fabricating the allegations because of workplace grievances, dissatisfaction over dress-code complaints or personal resentment.

The court rejected those arguments emphatically.

Magistrate George found there was no evidence that the complainant stood to gain from accusing Fareed.

Indeed, she observed that Fareed had helped her secure a transfer to the finance company, making it contrary to her own interests to fabricate allegations against someone who had advanced her career.

The court described any suggestion of a personal vendetta as "absurd".
​
That finding became central to the conviction.

Grooming and Abuse of Authority

Perhaps the most important legal aspect of the judgment is its recognition of grooming behaviour.

The court found that the relationship did not begin with the charged offences.

Instead, it traced the interactions back to an earlier meeting in May 2019.

Although no criminal charge related to that first meeting, the Magistrate considered it highly relevant because it provided context for the subsequent conduct.

The court expressly found: "The grooming of PW1 by the Defendant began in May 2019."

That observation is significant.
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Rather than viewing each encounter in isolation, the court examined the entire course of conduct and concluded that the earlier behaviour explained the later incidents.

Consent Was Not Measured by Resistance

Another notable feature of the judgment is its discussion of consent.

The defence pointed to the complainant's failure to physically resist or immediately complain.

The court rejected that reasoning.

The Magistrate accepted the complainant's explanation that her "mind went blank" during the first incident and that she froze because of the inequality in their relationship and Fareed's position of authority.

The judgment accepted that she neither reciprocated his embraces nor consented to the touching.
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Her nervous laughter during the recording was interpreted not as amusement or agreement but as a stress response while secretly recording someone far senior to herself.

The Importance of Recent Complaint

The court also placed considerable weight on what lawyers describe as "recent complaint" evidence.

The complainant did not remain silent indefinitely.

She spoke to colleagues, confided in her parents, approached senior management and ultimately went to police.

The Magistrate concluded that these multiple disclosures, although made over several months, reinforced her credibility because they were consistent with her account in court.

Her parents' evidence concerning her emotional state was also accepted.
​
Workplace Culture Was No Defence

Fareed argued that hugging staff and calling female employees "dear" or "darling" formed part of his ordinary management style.

Several defence witnesses supported aspects of that evidence.

The Magistrate was unpersuaded.

She observed that evidence portraying Fareed as routinely greeting female staff with hugs, kisses and affectionate terms did not assist the defence.

Instead, it portrayed conduct which the court regarded as inappropriate and inconsistent with professional boundaries.
​
Ultimately, the court rejected the defence evidence wherever it conflicted with the complainant's testimony.

Beyond This Case

The broader importance of the Fareed judgment extends beyond one individual prosecution.

It clarifies that 
workplace authority may be relevant when assessing consent; delayed reporting does not necessarily undermine credibility; nervous laughter does not necessarily indicate consent; corroboration may arise from recordings, surrounding circumstances and recent complaints rather than eyewitnesses alone; courts will evaluate the totality of a relationship, including earlier encounters, to understand later conduct. Most importantly, the judgment demonstrates the careful methodology employed by trial courts in sexual offence cases.

Magistrate George did not convict because allegations had been made.
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She convicted after analysing witness credibility, testing the defence case, examining corroborative evidence, repeatedly reviewing the audio recording and applying the criminal standard of proof beyond reasonable doubt.

The Fareed judgment is likely to become an important reference point in Fiji's criminal jurisprudence on workplace sexual offending.

Its significance lies not merely in the guilty verdict but in its detailed explanation of how courts should approach allegations occurring in private, where credibility, surrounding circumstances and corroborative evidence frequently determine the outcome.

For employers, lawyers and prosecutors alike, the judgment is a reminder that workplace hierarchy does not excuse intimate physical conduct, and that seemingly subtle acts like hugging, sniffing, kissing or touching without consent, may constitute criminal offending when viewed in their full factual and legal context.
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It is a judgment that will almost certainly be cited in future sexual offence prosecutions and one that underscores a central principle of the criminal law: allegations are tested in court, credibility is assessed by judges, and guilt is determined only after careful judicial evaluation of all the evidence

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THE RAVU GAMBLE: Has FICAC Bet Its Case on a Single Witness, and What Will Become of Kalaveti RAVU When the Kamikamica Trial Ends?

22/7/2026

 
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What will become of Kalaveti Ravu when this trial finally ends?
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For it is Ravu, more than any other witness, who has placed his own credibility, reputation and political legacy squarely before the court.

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The prosecution of former Deputy Prime Minister Manoa Kamikamica has reached a defining moment. With the Fiji Independent Commission Against Corruption (FICAC) having closed its case and defence counsel Wylie Clarke submitting that there is "no case to answer", attention has naturally focused on the legal fortunes of the accused.

Yet another question deserves equal scrutiny.

What will become of Kalaveti Ravu when this trial finally ends?
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For it is Ravu, more than any other witness, who has placed his own credibility, reputation and political legacy squarely before the court.

Whether Kamikamica is ultimately acquitted or convicted, the trial has become, in many respects, a referendum on Ravu's evidence.

At the centre of the prosecution case are two diary entries dated 8 July and 5 August 2024 and the affidavit Ravu swore before the Commission of Inquiry. According to those records, Kamikamica allegedly approached Ravu regarding his FICAC investigation, enquired about its progress and indicated that Barbara Malimali would become FICAC Commissioner and would assist him with his case.

Those allegations became one of the principal foundations upon which the Commission of Inquiry concluded that further criminal investigation was warranted. But once the matter entered a criminal courtroom, a different legal landscape emerged.

​Unlike a Commission of Inquiry, whose task is to investigate and make recommendations, a criminal court is concerned with one question alone: whether the prosecution has proved the charges beyond reasonable doubt through admissible evidence.

That distinction cannot be overstated.

Reports from court indicate that Ravu's evidence was largely confined to his contemporaneous diary entries. When asked to elaborate upon them, he reportedly told the court that he had nothing further to add beyond what he had recorded in July and August 2024. Rather than providing an expanded narrative of the conversations, he adopted the diary as the basis of his testimony.

Legally, this presents both strengths and weaknesses.

A contemporaneous diary is capable of enhancing credibility because it was written before criminal proceedings commenced. It reduces the risk that a witness has reconstructed events after the fact. Equally, however, a diary is not independent proof that everything recorded actually occurred.

Indeed, the reported ruling limiting the evidential use of the diary means that its existence does not itself prove the truth of the conversations. The diary demonstrates that Ravu made the entries. It does not automatically establish that Kamikamica uttered every word attributed to him.

Consequently, the prosecution's case ultimately depends not upon the diary but upon whether the magistrate accepts Ravu himself as a truthful and reliable witness.

That is where the stakes become particularly high for the former Cabinet Minister.

An unexpected development occurred when Ravu refused to identify the government colleagues who had questioned him about his own FICAC case. Even after being asked by the FICAC prosecutor and following a short adjournment, he maintained his refusal.

Legally, the refusal does not invalidate either his affidavit or his diary. Nor does it prevent FICAC from relying upon his evidence concerning Kamikamica.

However, it does expose Ravu to criticism.

A criminal trial depends upon transparency and the testing of evidence through questioning. Whenever a witness declines to answer questions relevant to his credibility, the opposing party is entitled to argue that the court should approach the witness's evidence with caution.

Whether the magistrate ultimately accepts that submission remains to be seen.

Perhaps equally revealing was defence counsel Wylie Clarke's decision not to cross-examine Ravu at all.

That decision should not be mistaken for an acceptance of his evidence.

Experienced criminal advocates occasionally choose not to cross-examine because they consider that the prosecution has failed to establish the essential legal ingredients of the offence. Rather than risk strengthening the witness by prolonged questioning, counsel may elect to argue that, even if every word spoken by the witness is accepted, the prosecution has still failed to make out a prima facie case.

The forthcoming ruling on the no-case submission will therefore provide the first judicial indication of whether FICAC's evidence reaches that threshold.

Yet irrespective of that ruling, Ravu's own position deserves careful consideration.

If Kamikamica is convicted after the magistrate accepts Ravu's evidence, Ravu will inevitably be portrayed by some as the witness whose courage and contemporaneous record helped expose alleged misconduct at the highest levels of government. His diary and affidavit will likely be cited as examples of a witness who documented events as they occurred and maintained his account under oath.

The opposite outcome would carry very different consequences.

If the no-case submission succeeds or Kamikamica is ultimately acquitted because the prosecution fails to prove its case beyond reasonable doubt, the legal consequence is not that Ravu lied. An acquittal simply means that the prosecution did not discharge the heavy criminal burden of proof.

That distinction is critical and is too often overlooked in public debate.

Nevertheless, the political and reputational consequences for Ravu could be profound. Critics would undoubtedly argue that the allegations he advanced before the Commission of Inquiry failed to withstand the more rigorous scrutiny of a criminal court.

​Questions would likely be asked about the reliability of his recollection, the weight placed upon his diary entries and whether the Commission itself attached excessive significance to allegations that were ultimately incapable of sustaining criminal liability.

There is, however, another possibility that should not be ignored.

The magistrate may reject the no-case submission, require Kamikamica to enter his defence, and still later conclude that the prosecution has not proved guilt beyond reasonable doubt. Such an outcome would not necessarily amount to a rejection of Ravu's honesty. Courts frequently accept that a witness was attempting to tell the truth while nevertheless concluding that the evidence falls short of the criminal standard required for conviction.

The distinction between honesty and proof lies at the very heart of criminal justice.

Equally, if the magistrate ultimately accepts Ravu's evidence and convicts, the judgment will almost certainly turn upon the court's assessment that Ravu was a credible witness whose diary, affidavit and oral testimony formed a coherent and reliable account.

For Ravu, therefore, this trial has become about far more than Kamikamica.

His own credibility has become inseparable from the prosecution's case.

Long after the legal arguments conclude and the political commentary subsides, the judgment will inevitably be read as an assessment of the reliability of the man whose diary and affidavit set this prosecution in motion.

In the final analysis, the court is not merely deciding whether Manoa Kamikamica committed a criminal offence. It is also determining whether Kalaveti Ravu's account of events is sufficiently reliable to support one of the most politically significant prosecutions in Fiji's recent history.

That is why the eventual judgment will resonate far beyond the fate of the former Deputy Prime Minister Manoa Kamikamica.

It will shape how history remembers Kalaveti Ravu, as the witness whose evidence withstood the exacting standards of a criminal court, or as a central figure in an investigation whose allegations ultimately failed to meet the stringent burden of proof demanded by the criminal law.

WHISTLEBLOWER AFFIDAVIT: FICAC Rejects Claims, Says Ian Lloyd KC Opinion Exists, Closes Complaint Against Acting DPP Nancy Tikoisuva, John Rabuku and Chief Justice Salesi Temo. FICAC closes Investigation

17/7/2026

 
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​FICAC has completed its preliminary assessment of a complaint involving Acting Director of Public Prosecutions Nancy Tikoisuva, Deputy Director of Public Prosecutions John Rabuku and Chief Justice Salesi Temo, and has closed the file after finding insufficient evidence to commence a formal corruption investigation against any of them.

This follows former ODPP staff Susana Vuniani's Statutory Declaration in Australia where she alleged that senior ODPP officials decided to close the Commission of Inquiry file into the appointment of Barbara Malimali as FICAC Commissioner because it involved high-profile public officials, members of the judiciary and the legal fraternity, and that prosecuting the matter could cause embarrassment and conflict.

She further claimed the decision was made under directives from Chief Justice Salesi Temo.

FICAC says its assessment examined whether the material provided disclosed a sufficient basis to begin a formal corruption investigation within its statutory mandate.

As part of the assessment, FICAC verified the existence of a signed written legal opinion by Ian Lloyd KC held by the Office of the Director of Public Prosecutions.

However, it says its verification was limited to confirming the opinion exists and that it cannot disclose or comment on its contents.

FICAC says the decision is a threshold determination confined to its criminal corruption mandate and should not be interpreted as a finding on the complainant's broader allegations, motives, or visa status, or on any matter outside the Commission's jurisdiction.

The Commission says it will make no further comment on the complaint or the legal opinion.

Meanwhile, the Office of the Director of Public Prosecutions says they will address the allegations made by Vuniani with the relevant Australian authorities. Source: Fijivillage News

'THE WHISTLEBLOWER AFFIDAVIT': Senior ODPP OFFICER ALLEGES Deliberate Suppression of the COI Files, Claims No Aussie KC Opinion Ever Existed, Accuses Senior Prosecutors of Shielding Powerful Figures

15/7/2026

 
A Brief Note To Our Readers: Fijileaks has been somewhat inactive in recent weeks because I have been travelling abroad and therefore temporarily absent from my "tent on Oxford Street, London", the location from which, according to NFP leader Biman Chand Prasad, Fiji's political destiny is apparently plotted after "a few more bottles of beer." Consequently, publication may remain intermittent over the next few days. However, readers, critics, political leaders and their media surrogates can rest assured that I will return to my Oxford Street tent to resume normal operations, armed with a laptop, Wi-Fi, and an undiminished appetite for asking inconvenient questions.
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Vuniani
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An analysis of the statutory declaration of Susana Raseru Vuniani and the Facebook rebuttal by Deputy DPP John Rabuku.

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Rabuku
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The statutory declaration sworn in Australia on 24 June 2026 by Susana Raseru Vuniani, a senior Administration Officer for Litigation and Registry at Fiji's Office of the Director of Public Prosecutions (ODPP), is one of the most serious allegations ever made by a serving insider against the country's prosecution service.
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If true, the declaration suggests that the decision not to prosecute individuals named in the Commission of Inquiry (COI) investigation was not merely an exercise of prosecutorial discretion but the product of deliberate internal management decisions, followed by what the deponent describes as a false public explanation.

If false, however, the declaration would itself expose the maker to potentially serious legal consequences, including prosecution for making a false statutory declaration under Australian law.
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Either way, the affidavit raises issues that cannot simply be ignored.

The Whistleblower

​Vuniani presents herself not as an outsider but as someone embedded in the machinery of the ODPP.

She states that she joined the office in 2017, became Administration Officer for Litigation and Registry in 2022, manages the Suva Case Registry, receives police investigation files, allocates them to prosecutors, maintains custody of sensitive case materials and attends managerial meetings where prosecution decisions are discussed.

She says she reports directly to Acting DPP Nancy Tikoisuva and Deputy DPP John Rabuku.
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Her affidavit therefore attempts to establish first-hand knowledge rather than hearsay.

The Central Allegation

​According to Vuniani, the Fiji Police submitted the COI investigation recommending criminal charges against ten individuals, including the following individuals:
  1. Chief Justice Salesi Temo
  2. Chief Registrar Tomasi Bainivalu
  3. Solicitor-General Ropate Green
  4. Acting Attorney-General Siromi Turaga
  5. former Attorney-General Graham Leung
  6. Wylie Clarke
  7. Amani Bale
  8. Barbara Malimali 
  9. Laura Vaurasi
  10. Nemani Tuifagalele

She alleges that both Nancy Tikoisuva and John Rabuku instructed her to place the file directly on the DPP's desk rather than process it through the ordinary allocation system.

She further claims that the file remained there for several months without action.

Political Pressure

The affidavit alleges that only after Opposition Leader Inia Seruiratu publicly questioned the delay did senior management convene a meeting to discuss the file.

According to Vuniani, the outcome of that meeting was already predetermined.

She alleges that those present decided the COI matter would simply be closed because those implicated occupied influential positions throughout the Judiciary, the legal profession and the prosecution service itself.
She further claims it was said during the meeting that prosecuting them would create embarrassment and conflict because several individuals were effectively under the constitutional authority of the Chief Justice.

These are exceptionally serious allegations because they go beyond legal disagreement and suggest institutional conflict of interest.

The KC Ian Lloyd Issue

Perhaps the affidavit's most explosive allegation concerns the Australian King's Counsel Ian Lloyd.

When the ODPP later announced publicly that the COI matter had been closed because independent King's Counsel Ian Lloyd had found insufficient evidence, Vuniani says that explanation was false.

She declares as follows:
  • no KC opinion existed;
  • Ian Lloyd never prepared any legal advice on the COI file;
  • the review was conducted entirely internally;
  • Lloyd happened to be in Fiji on an unrelated matter before the courts.
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​She further states that when the file was returned to Police marked "insufficient evidence", no King's Counsel opinion accompanied it because none had ever been obtained.
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If accurate, this allegation directly challenges one of the principal public explanations given for closing the investigation.

The Puleiwai Complaint

The affidavit then turns to another sensitive matter involving former Acting FICAC Commissioner Francis Puleiwai and former investigations manager Kuliniasi Saumi.

Vuniani says Police sought legal advice because the available evidence did not support criminal charges.

She nevertheless alleges that during an internal meeting Deputy DPP John Rabuku stated the ODPP would retain the file until both officials returned to Fiji before laying abuse of office charges, and that the office would protect Barbara Malimali and the Judiciary.

Again, if proven, such conduct would raise profound questions about prosecutorial independence.
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Personal Risk

Vuniani concludes by explaining why she chose to speak publicly.

She says she fears losing her job because officials who speak out within the current administration face suspension, dismissal or prosecution.

The declaration is accompanied by copies of her ODPP employment identification and her Fijian passport, apparently intended to support her identity and employment status.

The Legal Significance

The affidavit itself proves none of the allegations. It is evidence of what one witness claims to have personally seen and heard. In any legal proceeding, those assertions would need to be tested by 
contemporaneous documents; internal ODPP records; file movement registers; meeting minutes; electronic correspondence; and cross-examination.

Equally, if the declaration were knowingly false, its maker could face criminal liability under Australian statutory declaration legislation.

Its publication therefore raises issues requiring investigation rather than assumption.

John Rabuku's Facebook Rebuttal

Deputy DPP John Rabuku has publicly rejected Vuniani's allegations.

According to his Facebook response, Rabuku described the statutory declaration as false, denied any conspiracy to suppress the COI investigation, rejected claims that the ODPP deliberately protected any individuals, and maintained that prosecutorial decisions were made properly in accordance with the evidence available. He also disputed allegations concerning the handling of the COI file and rejected suggestions that he had acted improperly.

His response therefore presents a direct contradiction of Vuniani's sworn account.

The dispute now becomes one of competing factual narratives.

The Larger Constitutional Question

The affidavit ultimately raises questions extending beyond the personal credibility of either Susana Vuniani or John Rabuku.

If the whistleblower is correct, the implications would be profound for confidence in prosecutorial independence and public trust in Fiji's criminal justice system.


If Rabuku's rebuttal is correct, then the affidavit represents an extraordinarily serious false accusation against senior legal officers.

Either conclusion demands proper investigation.

For that reason, the Vuniani declaration is likely to become one of the most closely scrutinised documents to emerge from Fiji's ongoing institutional controversies.
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The Office of the Director of Public Prosecutions (ODPP) confirms that it has completed its review of the Commission of Inquiry (COI) files that were submitted to the ODPP for legal advice.

The ODPP received a total of twelve (12) files from the Fiji Police Force for review last year. Of these, one file was closed and returned earlier last year with the decision not to charge in the matter of State v Barbara Malimali, due to insufficient evidence to support any prosecution.

The remaining eleven files have also been reviewed, and the outcomes together with the summaries of each file will be returned to the Fiji Police Force later this week.

The complaints stemmed primarily from allegations against Ms Barbara Malimali arising out of the COI, which in turn led to several other complaints and cross-complaints involving a number of public officers and well-known senior legal practitioners.

Due to the sensitivity of the matters and the significant public interest generated by the COI, the files were assessed by multiple senior prosecutors who had no prior involvement or connection with any of the parties named in the complaints.

The initial assessments conducted by these senior prosecutors were subsequently subjected to an independent review by a senior consultant engaged by the ODPP. The ODPP was privileged to obtain the services of Mr Ian Lloyd KC, who concurred with the initial assessments and provided further recommendations on the analysis of the evidence.

Each matter was examined individually and collectively within the ambit of the law. The assessments were guided by relevant legislation, including but not limited to the FICAC Act, the Electoral Act, and the Crimes Act, as well as applicable Court of Appeal authorities and the supreme law of Fiji, the Constitution.

In considering the evidence, the ODPP took into account several critical factors, including the sufficiency of evidence to meet the criminal standard of proof, reasonable prospects of conviction, public interest considerations, statutory limitation periods, applicable immunity provisions, and the distinction between criminal and civil liability.

Having carefully considered the initial assessments and being guided by the independent review and recommendations of Mr Ian Lloyd KC, the ODPP has concluded that there is insufficient evidence to sustain any criminal charges to the required criminal standard of proof in respect of the files assessed.

The Acting DPP, Ms Nancy Tikoisuva underlined that it will not be pressured or rushed into making decisions without following due process, and remains committed to upholding the rule of law, fairness, and independence in the discharge of its constitutional mandate.

“The ODPP is an independent constitutional body with its own mandate and operates strictly in accordance with the Prosecution Code and internal governance processes. Our review and decision-making processes are guided by evidence, the law, and established prosecutorial principles, and decisions are not dictated by, nor influenced by political individuals or political agendas including social media posts and opinion,” said Ms Tikoisuva. 22 January 2026.

RIGHT OF REPLY OFFERED: Ian Lloyd KC Did Not Respond to Fijileaks' Questions

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Prior to publication, Fijileaks emailed (13 July 2026) King's Counsel Ian Lloyd seeking clarification regarding the allegations in Ms Susana Raseru Vuniani's statutory declaration that referred to him and his alleged involvement in the Commission of Inquiry files. At the time of publication, no response had been received. Should Mr Lloyd wish to comment, Fijileaks will publish his response in full, subject to normal editorial standards.

​Subject: Request for Clarification Regarding Statutory Declaration Referring to Your Alleged Advice
Dear Mr Lloyd KC,

I hope this email finds you well.

I am writing in my capacity as the Founding Editor-in-Chief of Fijileaks regarding a statutory declaration made in Australia on 24 June 2026 by Ms Susana Raseru Vuniani, who identifies herself as the Administration Officer for Litigation and Registry at Fiji's Office of the Director of Public Prosecutions (ODPP).

A copy of the declaration has entered the public domain.

In paragraphs 11 to 13 of her declaration, Ms Vuniani makes allegations concerning the handling of the Commission of Inquiry (COI) police file. In particular, she states that:
  • a public statement was issued claiming that the COI matter had been closed due to insufficient evidence based on a legal opinion from King's Counsel Ian Lloyd;
  • she believes that explanation was false;
  • no legal opinion from you had been prepared in relation to the COI file;
  • the review was allegedly conducted internally under the direction of Acting DPP Nancy Tikoisuva and Deputy DPP John Rabuku; and
  • your presence in Fiji at the relevant time related to an unrelated court matter rather than any review of the COI investigation.
Given that your name has been specifically mentioned in a sworn statutory declaration, I would be grateful if you could comment on the following:
  1. Were you ever instructed by the Fiji ODPP to review the Commission of Inquiry police file?
  2. Did you provide any written or oral legal opinion regarding whether criminal charges should be brought arising from the COI?
  3. If you did provide advice, was it relied upon by the ODPP in concluding that there was insufficient evidence?
  4. If you did not provide such advice, are you able to confirm that no opinion from you formed the basis of the ODPP's public statement?
  5. Do you wish to comment generally on the allegations made in the statutory declaration insofar as they concern your involvement?
Naturally, Fijileaks intends to report fairly and accurately. We would therefore welcome your response before publication so that your position can be reflected in full.

If you would prefer, your response may be provided on the record or, if necessary, on background, although any request for attribution should be made clear.

I would appreciate hearing from you at your earliest convenience.

Kind regards,

Victor Lal
Founding Editor-in-Chief
Fijileaks
Oxford, United Kingdom

IAN LLOYD KC REJECTS WHISTLEBLOWER'S CLAIMS:

King's Counsel Ian Lloyd KC has categorically denied allegations made against him in paragraphs 12 and 13 of Susana Raseru Vuniani's statutory declaration. Responding to enquiries from Fijileaks, Lloyd confirmed the accuracy of the Fiji Office of the Director of Public Prosecutions' press release of 22 January 2026 and described Ms Vuniani's assertions as "totally inaccurate". He stated that the sole purpose of his visit to Fiji was to undertake work for the ODPP, adding: "I did no other work than that for the Fiji ODPP during my trip to Fiji at that time." Lloyd declined to comment further.
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​ODPP Strikes Back: Fiji Prosecutors Reject Whistleblower's Claims and Escalate Dispute to Australian Authorities

The Office of the Director of Public Prosecutions (ODPP) has publicly rejected the allegations made by its former employee, Susana Vuniani, describing aspects of her statutory declaration as false and internally inconsistent, while announcing that it intends to refer the declaration to the relevant Australian authorities for consideration.

​The statement marks the first detailed institutional response to allegations that have generated considerable public debate about the handling of files arising from the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of the Fiji Independent Commission Against Corruption (FICAC).

​According to the ODPP:
  • It rejects allegations that criminal investigations connected to the Commission of Inquiry were deliberately closed to protect senior public officials, members of the judiciary, legal practitioners and ODPP leadership.
  • It maintains that its decision not to prosecute was based solely on established prosecutorial principles, including the sufficiency of evidence, prospects of conviction, public interest considerations, statutory limitation periods, constitutional immunities where applicable, and the distinction between criminal and civil liability.
  • It says those conclusions were reinforced by an independent review conducted by King's Counsel Ian Lloyd, whose advice was that there was insufficient evidence to justify criminal charges.
  • The ODPP further alleges that Vuniani's statutory declaration contains false statements regarding her employment status. It says she resigned on 4 May 2026 while in Australia on a tourist visa and was no longer an employee when she executed her statutory declaration on 24 June 2026.
  • Because of what it describes as "material inconsistencies", the ODPP says it will refer the declaration to Australian authorities.
  • It also emphasises that prosecution decisions are not made unilaterally by a single individual.

The Significance of the ODPP Response

The ODPP has deliberately framed its response on two separate fronts.

The first is substantive. It rejects the core allegation that prosecutorial decisions were influenced by external pressure or institutional embarrassment. Instead, it argues that ordinary prosecutorial tests governed the decision-making process.

The second is procedural. Rather than merely denying Vuniani's account, the ODPP has gone further by challenging the credibility of the statutory declaration itself, particularly her description of her employment status, and by indicating that Australian authorities should examine those alleged inconsistencies.

This is a significant escalation because it transforms what might otherwise have remained a domestic public controversy into an issue potentially engaging Australian legal authorities, given that the declaration was executed in Australia.

Reliance on Ian Lloyd KC


One of the central features of the ODPP statement is its continued reliance on the independent advice of King's Counsel Ian Lloyd.
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Rather than defending the decision solely as its own, the ODPP places considerable emphasis on Lloyd's review, stating that his independent assessment supported the conclusion that the available evidence was insufficient to sustain criminal prosecutions.

From an institutional perspective, this reliance serves two purposes.

First, it reinforces the argument that prosecutorial discretion was exercised independently rather than politically.

Secondly, it seeks to distance the final decision from allegations that internal ODPP officials improperly protected influential individuals.

Whether that independent review ultimately satisfies public critics, however, remains a separate question.

Employment Status: Why It Matters

​The ODPP's challenge to Vuniani's employment status is not merely technical. If, as the ODPP contends, she represented herself in the declaration as still being an employee after having already resigned, that inconsistency could affect the perceived reliability of parts of her evidence.

Equally, however, even if her employment status were inaccurately described, that alone would not automatically determine whether the substantive allegations concerning prosecutorial decision-making are true or false.

In law, credibility is rarely determined by a single factual discrepancy. Courts generally distinguish between peripheral inaccuracies and allegations going to the heart of the dispute.

Questions That Still Remain

Despite the ODPP's response, several important questions remain unanswered publicly.
  1. ​These include: Whether independent documentary evidence exists supporting or contradicting the alleged meeting described in the statutory declaration.
  2. Whether any contemporaneous notes, emails or memoranda exist.
  3. Whether other participants allegedly present have been interviewed.​
  4. Whether additional witnesses can corroborate either version of events.
  5. Whether the Office of the Chief Justice will respond to the allegation that directives originated from the Chief Justice. At the time of the report, questions had been sent to that office but no response had yet been reported.
These issues are likely to determine the longer-term significance of the controversy.

​Institutional Credibility at Stake

The dispute is no longer simply between a former employee and her former employer.

It now directly engages the credibility of Fiji's prosecutorial service.

If the ODPP's account proves correct, it will reinforce the principle that prosecutorial decisions were made independently, consistently with established legal standards, and supported by external senior counsel.

Conversely, if independent evidence were eventually to substantiate Vuniani's allegations, it would raise profound constitutional questions concerning prosecutorial independence, judicial influence and public confidence in the administration of justice.
At present, neither proposition has been judicially tested.

The ODPP has mounted its strongest public defence yet of its handling of the Commission of Inquiry files. Rather than simply issuing a denial, it has relied upon established prosecutorial principles, the independent advice of King's Counsel Ian Lloyd, and a direct challenge to the factual accuracy of Susana Vuniani's statutory declaration. It has also signalled that it intends to place the matter before Australian authorities because the declaration was executed there.
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For now, the controversy remains one of competing narratives. The ODPP insists that prosecutorial decisions were based on evidence and law, while its former employee alleges that improper considerations influenced those decisions. Ultimately, the resolution of these competing claims will depend not upon public statements, but upon independent evidence capable of withstanding legal scrutiny.
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BITTER HARVEST: Fiji's Sugar Industry Is More Than Economic Debate. It Is a Test of Whether Nation Can Confront History, Reality, and the Future

14/7/2026

 

"Give me my heart's desires in Coolies and I will make you a million hogsheads of sugar" - A British sugar planter in the Caribbean.

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When Permanent Secretary for Finance Shiri Gounder declared that Fiji must begin planning an exit from the sugar industry, he did more than ignite an economic debate.
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He touched one of the deepest historical and emotional nerves in the country's modern history.


His argument was stark. Fiji, he said, must stop "fooling ourselves" into believing that sugar can simply be restored to its former glory. Reviving the industry, he suggested, could require billions of dollars of taxpayer funding with little realistic prospect of success. Instead, Government should begin helping farmers transition into alternative agricultural industries.
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His remarks immediately drew criticism from cane farmers, among them Sakiasi Kele, who argued that sugar remains the lifeblood of rural Fiji and warned against abandoning an industry that continues to sustain thousands of families.

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Both, in different ways, are correct. But neither side can ignore the larger truth.

The debate over sugar is no longer simply about cane production, milling efficiency or government subsidies. It is about Fiji's history. It is about the legacy of Girmit. It is about taxpayers.

And it is about whether political leaders are finally prepared to confront realities that successive governments have postponed for decades.

Sugar Is Inextricably Tied to the Memory of Indenture

Any discussion of Fiji's sugar industry must begin with history. Sugar cannot be treated merely as another agricultural commodity. It is inextricably tied to the memory of indenture. Between 1879 and 1916, more than 60,000 Indians were brought to Fiji under the Girmit system to work on the plantations of the Colonial Sugar Refining Company. They crossed the kala pani, endured harsh conditions, long hours, poor wages and immense personal hardship.

Many never returned to India. Instead, they built new lives in Fiji. Their labour transformed the colony's economy. Their sacrifice built an industry that for more than a century became Fiji's largest export earner and the foundation of countless rural communities.

Every cane field carries the memory of Girmit. Every sugar mill stands as a reminder of that extraordinary human journey. For descendants of the Girmitiyas, sugar is far more than a crop. It is part of their identity. It is a living memorial to those who endured indenture and helped shape modern Fiji.

That history cannot be erased by economic statistics. Nor should it be.

But History Alone Cannot Sustain an Industry

Yet history, however important, cannot substitute for economic reality. The international sugar industry has changed beyond recognition. Countries that once competed alongside Fiji invested heavily in modernisation. Brazil developed a world-leading ethanol industry alongside sugar production. Australia embraced mechanised harvesting and cutting-edge milling technology. Thailand expanded production and export capacity. Mauritius diversified into premium sugars, renewable energy and high-value agricultural products.

Fiji largely failed to make that transition. Instead, ageing mills became increasingly unreliable. Mechanisation lagged behind. Production costs rose. Cane production declined. Young people left farming. The industry's competitiveness steadily weakened.

The Farmer Is Not the Villain


One of the greatest injustices in this debate would be to blame the farmer. Farmers did not create today's crisis. They did not allow mills to become obsolete. They did not negotiate the loss of preferential European Union sugar prices. They did not create uncertainty over agricultural leases. They did not design inconsistent government policies. Nor did they create the political instability that repeatedly disrupted Fiji's economic development.

For decades they continued planting cane despite declining returns, rising costs, labour shortages and repeated natural disasters. They have carried burdens not of their own making. When cane farmers defend sugar, they are not merely defending an industry. They are defending their livelihoods, their families and the communities that have depended upon sugar for generations.

The Cost of Political Failure

No honest assessment can ignore Fiji's political history. The sugar industry's decline did not occur in isolation.

The coups of 1987, 2000 and 2006 damaged investor confidence, disrupted long-term planning and diverted governments away from structural economic reform.

Land lease uncertainty discouraged investment.

Financial institutions became increasingly cautious.

Successive administrations frequently chose short-term political solutions over long-term restructuring. Sugar became another casualty of political indecision. Instead of preparing the industry for global competition, governments increasingly relied upon subsidies and debt write-offs.

That delayed difficult decisions. It did not solve the underlying problems.

Gounder Asked the Question Politicians Avoid

Whether one agrees with him or not, Shiri Gounder deserves credit for raising a question that many politicians have preferred not to ask.

Can Fiji continue spending hundreds of millions of taxpayer dollars supporting an industry whose production continues to decline?

Every dollar directed towards sugar is a dollar unavailable for hospitals, schools, roads, climate resilience, water infrastructure or investment in emerging agricultural industries.

This is not an argument against farmers. It is an argument about public policy. Governments have an obligation to support vulnerable communities. They also have an obligation to spend taxpayers' money responsibly. Those responsibilities are sometimes difficult to reconcile.

But Government Cannot Simply Walk Away


Equally, Government cannot simply declare that sugar has no future and expect rural Fiji to absorb the consequences. Thousands of families still depend directly upon cane farming. Transport operators, harvesting contractors, engineering workshops, fertiliser suppliers and countless small businesses depend upon the annual crushing season.

An abrupt withdrawal of support would devastate entire communities.

Transition, if it comes, must therefore be gradual.

It must include financial assistance, retraining, infrastructure investment and genuine opportunities for alternative agriculture. Diversification is not achieved through speeches. It requires markets, investment, technical expertise and long-term planning.

Stop Selling False Hope

Perhaps the greatest failure of successive governments has been their reluctance to tell the public the truth.

If Fiji believes sugar remains commercially viable, then Government should present a comprehensive restructuring strategy. It should explain how mills will be modernised.

How harvesting will be mechanised.

How productivity will increase.

How ethanol production and renewable energy will expand.

How dependence on taxpayer subsidies will decline.

If, however, Government believes the industry can never again become internationally competitive, then it owes farmers honesty.

False hope is not policy.

Political slogans do not create profitable industries.

Sugar's Legacy Must Be Preserved


Even if the industry's economic role continues to diminish, its historical importance must never be forgotten.

The story of Girmit is inseparable from the story of sugar.

The preservation of old mills, railway systems, Girmit sites and plantation history should become part of Fiji's national heritage.

Future generations should understand that sugar was not simply an export commodity.
It shaped the country's demography, economy, politics and national identity.

Its history deserves preservation regardless of its commercial future.

The Choice Before Fiji

This debate is not a contest between economists and farmers. Nor is it a choice between preserving history and embracing reform. The real challenge is finding a path that honours both.

The cane farmer defending sugar is defending generations of sacrifice.

Shiri Gounder is defending the interests of taxpayers and the long-term sustainability of Fiji's public finances.

Both perspectives deserve respect.

But neither nostalgia nor sentiment can replace sound economic policy.

Fiji's sugar industry was built upon the extraordinary sacrifices of the Girmitiyas.

It became the foundation of modern Fiji and sustained the nation for more than a century.

Its decline was not inevitable.

It resulted from decades of political instability, ageing infrastructure, inconsistent policy, land tenure uncertainty, failure to modernise and an inability to adapt to a changing global marketplace.

The question facing Fiji today is not whether to honour that legacy.

It unquestionably should.

The question is whether the country has the courage to distinguish between preserving history and preserving an economic model that may no longer be sustainable.

History must be remembered.

Farmers must be protected.

Taxpayers deserve honesty.

And Fiji's leaders must finally choose between continuing to manage decline or undertaking the difficult reforms that should have begun decades ago.

The legacy of Girmit deserves nothing less.
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From Indenture to Innovation: What Fiji Can Learn from the Mauritian Sugar Industry Without Forgetting the Shared Legacy of the Girmityas

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The history of Fiji and Mauritius is intertwined by one of the darkest chapters of the British Empire: the indenture system. Between the nineteenth and early twentieth centuries, thousands of Indian labourers, dismissively labelled "coolies" by colonial authorities, were transported across the oceans to work on sugar plantations after the abolition of slavery. Their sweat built two sugar economies. Their suffering laid the foundations of two modern nations.
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Yet while both countries inherited almost identical colonial structures, their sugar industries have travelled in markedly different directions.

​Mauritius has managed, despite severe challenges, to restructure and diversify its industry. Fiji's sugar sector, by contrast, has endured decades of declining production, ageing farmers, deteriorating infrastructure and persistent political interference.

The comparison is not perfect. Mauritius and Fiji differ in geography, population, market access and political economy. Nevertheless, the Mauritian experience offers valuable lessons as Fiji debates whether sugar still has a future.
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A Common Beginning

Both industries were born under British colonial rule. 
Indentured labourers from India arrived in Mauritius from 1834 onwards and in Fiji from 1879 until 1916. In both colonies, labourers signed contracts they scarcely understood, endured harsh plantation discipline, low wages and racial discrimination, and, after completing their contracts, many remained as small farmers rather than returning to India.

Sugar became more than an export crop. It became the economic foundation upon which schools, roads, ports, towns and government revenues depended.

For descendants of the Girmitiyas in Fiji, sugar is inseparable from memory. Every cane field carries echoes of the indenture lines, overseers' whips, broken promises and remarkable resilience. That historical reality cannot be erased simply because the industry is no longer commercially dominant.

Mauritius Faced Crisis Earlier

Mauritius did not escape hardship. Like Fiji, it confronted declining European sugar prices, rising labour costs, competition from larger producers and shrinking preferential access to overseas markets.
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Rather than treating every crisis as temporary, Mauritian governments gradually accepted that the industry had to transform.

That transformation did not mean abandoning sugar overnight.

It meant changing what sugar represented.

From Sugar to a Sugar Economy

Mauritius increasingly shifted from selling raw sugar to extracting value from every part of the sugar cane. Today, cane supports multiple industries:
  • refined and speciality sugars;
  • electricity generation through bagasse;
  • ethanol and industrial alcohol;
  • rum production;
  • bio-based products;
  • tourism linked to plantation heritage.

Instead of relying entirely upon volatile raw sugar exports, the industry became part of a broader bio-economy. Sugar remained important. But it was no longer expected to carry the entire economy.

Consolidation Instead of Fragmentation

Mauritius also recognised that fragmented production reduced efficiency. Mills were modernised. Many inefficient factories were closed. 
Mechanisation increased. Supply chains became more integrated. These decisions were politically difficult. Communities feared job losses. Governments faced criticism.

Yet delaying reform would almost certainly have produced an even deeper crisis later.
Fiji has often postponed difficult decisions. Instead of long-term restructuring, governments have repeatedly announced rescue packages, subsidies and promises that production would soon recover. Each new crop season becomes another emergency.

Institutions Matter

Mauritius gradually strengthened institutions responsible for research, marketing, extension services and industry planning. Research into higher-yield cane varieties continued. Farmers received technical support. Industry decisions increasingly reflected commercial realities rather than purely political considerations.

Fiji once possessed internationally respected sugar research capacity. Many of those capabilities have weakened through years of under-investment, institutional instability and declining confidence.

Diversification Beyond Agriculture

​Perhaps the greatest Mauritian achievement lay outside sugar itself. Recognising that sugar alone could never sustain national prosperity, Mauritius deliberately diversified into 
textiles, financial services, tourism, higher education, information technology; and offshore business services.

As these sectors expanded, sugar no longer carried the burden of employing large sections of the population or generating the majority of export earnings.
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Fiji has diversified in important ways, particularly through tourism, but sugar policy has often remained trapped in the assumption that cane production can somehow return to the levels achieved decades ago.

Demography alone makes that unlikely.

The Human Challenge

Both countries have ageing farming populations. Young people increasingly prefer urban employment. Farming is physically demanding. Returns are uncertain. Climate change has intensified weather risks.

Mauritius responded partly through mechanisation and consolidation. Fiji still faces major labour shortages in harvesting and transport. Without addressing rural labour realities, production targets risk becoming political slogans rather than economic forecasts.

Heritage Has Economic Value

Mauritius has also embraced its sugar history as part of its national heritage. Former sugar estates now house museums, cultural centres, restaurants and tourist attractions.

The history of indenture became part of national identity rather than something hidden away.

Fiji possesses equally powerful historical assets.

The story of the Leonidas, the Girmitiyas, CSR, colonial plantations and the eventual emergence of Indo-Fijian farming communities represents a unique chapter of global migration history.

That history deserves preservation irrespective of the industry's commercial future.

Lessons for Fiji

The Mauritian experience suggests several lessons. First, sentiment cannot substitute for economics. Governments cannot indefinitely sustain an industry simply through subsidies if productivity continues to decline.

Second, diversification creates resilience. Sugar should become one component of a wider rural economy rather than its sole foundation.

Third, value addition matters more than volume alone. Fiji should increasingly explore refined sugars, specialty products, ethanol, renewable energy, premium rum and other downstream industries.

Fourth, research and innovation require sustained investment. Improved cane varieties, mechanisation and modern milling technologies are essential if production is to remain competitive.

Finally, history should not be sacrificed in pursuit of reform. The legacy of indenture belongs to the nation, not merely to the sugar industry.

Fiji Must Avoid False Choices

The debate should not be framed as choosing between saving sugar and abandoning it. Nor should it descend into romantic nostalgia that ignores economic reality.

The real question is whether Fiji can transform its sugar sector into a modern agricultural and bio-industrial enterprise while preserving the extraordinary legacy of the Girmitiyas who built it.

Mauritius demonstrates that transformation is possible.

It also demonstrates that transformation demands political courage, institutional competence and a willingness to confront uncomfortable truths before circumstances force them upon the nation.

Sugar gave both Mauritius and Fiji their economic beginnings.

But history teaches that industries survive not because governments wish them to survive, but because they adapt.

For Fiji, the greatest lesson from Mauritius may therefore be this: honour the sacrifices of the descendants of the indentured labourers not by preserving yesterday's industry unchanged, but by ensuring that their descendants inherit an economy capable of thriving in tomorrow's world.


The Unfinished Lesson - Land Security: 

There is, however, one crucial difference between Mauritius and Fiji that no discussion of sugar can honestly ignore. 

Mauritius did not have to contend with the recurring uncertainty over agricultural land leases that has haunted Fiji's cane industry for decades. While Mauritian cane farmers generally enjoyed far greater long-term security over the land they cultivated, many of Fiji's cane farmers have lived under the constant shadow of expiring leases under the Agricultural Landlord and Tenant Act (ALTA) and the transition to native leases.

Beginning in the late 1990s, thousands of Indo-Fijian cane farmers either lost their leases or chose to leave farming because they could no longer justify investing in land that they might be required to surrender. Others continued farming under the persistent uncertainty that the next lease renewal was never guaranteed. For a farmer deciding whether to plant a crop that takes years to mature, invest in irrigation, purchase machinery or improve soil quality, security of tenure is not an abstract legal concept. It is the foundation of every economic decision.

The consequences were profound. Families who had cultivated the same cane fields for generations left rural communities. Mills lost growers. Schools, businesses and entire settlements that had depended on the sugar economy declined alongside them. The industry's shrinking production cannot be understood without recognising the central role that land insecurity played.
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Many indigenous iTaukei landowners exercised their lawful rights not to renew leases, while others negotiated new arrangements. Yet, irrespective of the legal position, the cumulative effect of lease expiries and the continuing perception that agricultural land could be reclaimed or might not be renewed created an atmosphere of uncertainty that discouraged long-term investment throughout the industry.

That is perhaps the greatest lesson separating Mauritius from Fiji.

A successful sugar industry requires more than fertile soil, modern mills and government subsidies. It requires confidence that those who cultivate the land will be able to continue cultivating it long enough to justify investing in its future.
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The descendants of the Girmitiyas transformed wilderness into productive cane fields over generations. Many did so believing that hard work and stewardship would secure a future for their children. Too often, that confidence was shattered when leases expired or renewal became uncertain.

No agricultural industry can flourish where investment is constantly overshadowed by insecurity of tenure. Until Fiji finds a durable and mutually beneficial framework that respects both iTaukei ownership rights and provides genuine long-term certainty for productive farmers, the country will continue to struggle to emulate the achievements of Mauritius.
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That may well be the most enduring lesson of all: sugar can survive droughts, cyclones and fluctuating world prices but no industry can prosper indefinitely when those who work the land fear that one day the land beneath their feet may no longer be theirs to farm.


SHOCKING FROM A FORMER CHIEF JUSTICE: DANIEL FATIAKI Says Cabinet Can Reject the Supreme Court's Opinion, for "opinion is merely advisory, does not bind Parliament or Cabinet, and may be disregarded"

11/7/2026

 

*Should a former Chief Justice be encouraging the political branches of government to disregard the constitutional guidance of the country's highest court?

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*A former Chief Justice is expected to be an unwavering defender of constitutionalism, judicial independence and the rule of law. For that reason, his suggestion that Cabinet could reject the Supreme Court's constitutional opinion and move directly towards replacing the Constitution is likely to generate considerable debate within Fiji's legal community.

*This is the same former Chief Justice who, following the 2006 coup, accepted $275,000 settlement from the post-coup regime and withdrew his legal challenge to his removal from office. Those events form part of the public record. Today, in his submission to the Constitution Review Commission, he argues that Cabinet may disregard the Supreme Court's advisory opinion on the 2013 Constitution. Readers are entitled to assess the significance of those facts for themselves.

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Former Chief Justice Daniel Fatiaki's Constitution Review Commission Submission Raises Serious Questions About the Rule of Law

Former Chief Justice Daniel Fatiaki, in his submission to the Constitution Review Commission (CRC), advanced one of the most controversial legal arguments in the current debate over Fiji's constitutional future.

According to Fatiaki, the Supreme Court's Opinion of 29 August 2025 on the 2013 Constitution is advisory only and is not binding on Parliament or Cabinet. He argued that:
  • the Supreme Court's opinion is advisory rather than determinative;
  • it binds only the courts and not Parliament or Cabinet;
  • section 91(5), which empowers Cabinet to seek the Supreme Court's opinion on constitutional questions, is "an aberration" because it places the Court outside its normal appellate function;
  • because the opinion was delivered under the Court's original jurisdiction rather than its appellate jurisdiction, it should not be treated as equivalent to a final judgment;
  • Cabinet is legally entitled to reject the opinion because it is merely an opinion; and
  • section 98 of the 2013 Constitution makes only Supreme Court "decisions" binding on other courts and says nothing about advisory opinions.

On that basis, Fatiaki suggested that the Government could establish a body to draft a new Constitution, exclude the constitutional immunity provisions, and hold a general election under the new constitutional order.

His recommendation regarding immunity was equally direct. He argued that the immunity chapter should simply be removed from the Constitution altogether and, if immunity is considered necessary, Parliament could enact an ordinary Immunity Act instead.

Those submissions undoubtedly raise legitimate constitutional questions worthy of debate.

However, they also raise a much larger question.

Should a former Chief Justice be encouraging the political branches of government to disregard the constitutional guidance of the country's highest court?

There is nothing unusual about constitutional lawyers disagreeing over the interpretation of a constitution. Courts themselves frequently revisit earlier decisions. But there is an important distinction between criticising judicial reasoning and suggesting that the Executive and Parliament may simply ignore the Supreme Court's constitutional opinion whenever it proves inconvenient.

Even if one accepts Fatiaki's proposition that the opinion is technically advisory, it does not automatically follow that Parliament is free to bypass the Constitution currently in force. The Government remains subject to the Constitution until it is lawfully replaced.

There is also an obvious constitutional paradox.

Fatiaki argues that the Supreme Court's opinion binds only the courts. If the Government were to ignore that opinion and proceed to adopt an entirely new Constitution outside the existing constitutional framework, any legal challenge would inevitably return to those very courts. Those courts, by Fatiaki's own reasoning, would be bound to apply the Supreme Court's constitutional interpretation when determining the legality of the Government's actions.

The question of constitutional immunity presents a similar distinction. Whether immunity ought to remain in the Constitution is a legitimate matter for public debate. Many constitutional scholars oppose entrenched immunity clauses on rule-of-law grounds.

But the method by which immunity is removed is every bit as important as the objective itself. Constitutional reform must itself be constitutionally lawful.

What makes Fatiaki's submission particularly significant is not simply the substance of his legal arguments but the office he once held. A former Chief Justice is expected to be an unwavering defender of constitutionalism, judicial independence and the rule of law.

For that reason, his suggestion that Cabinet could reject the Supreme Court's constitutional opinion and move directly towards replacing the Constitution is likely to generate considerable debate within Fiji's legal community.

If Fiji is to replace the 2013 Constitution, it should do so through a process whose legality is beyond dispute. Otherwise, the country risks creating yet another constitutional controversy in a nation that has already experienced repeated constitutional ruptures since 1987.

That is why Daniel Fatiaki's submission to the Constitution Review Commission deserves close scrutiny. It is not merely another opinion in the public debate. It is the considered view of a former Chief Justice, and for precisely that reason it demands the most rigorous legal examination.

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