*On 13 March 2017, the Tuvalu Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Norman Franzi and counsel for Lelemia, BARBARA MALIMALI, meant that the judgment of acquittal had to be set aside.
Fijileaks: We wonder if her character referees Attorney-General Graham Leung and PAP Lands Minister and lawyer Filimoni Vosarogo (who was co-representing her client Apisai Lelemia in the Tuvalu Court of Appeal) informed the JSC of her wholly unacceptable and unprofessional behaviour in 2016 that led to a re-trial of Lelemia because of her 'cosying up' with the presiding stand-in Judge Norman Franzi of Melbourne, Australia.
*Was FLS president Wylie Clarke aware of Malimali's sordid drunken behaviour in the Vaiaku Lagi Hotel. He had rushed to represent Malimali when she was arrested by FICAC over abuse of office allegations?
*It is clear that Malimali is not fit to be FICAC Commissioner and those who jumped to defend her must explain if they were aware of the damning Tuvalu Court of Appeal judgment. They were, we claim, but took us for bloody fools, for Tuvalu court judgments are not online.
*In the Tuvalu Magistrates Court that had found Apisai Lelemia guilty, the senior magistrate had concluded:
'The defence [Barbara Malimali] in my view did not challenge the critical facts that support the charges laid against him. In fact, much of the accused’s evidence affirmed the facts contained in his caution interview and much of the evidence of the prosecution. What is probably most alarming about this case is that the accused continued to maintain that his conduct in soliciting and obtaining the funds was proper and in line with traditional practices. The defence case was purely based on technical legal arguments, which I have considered and ruled against. I find the accused guilty on all four counts of abuse of office and convict him accordingly.'
 Apisai Ielemia  |  |
 |  |
'Respondents counsel' in the Court of Appeal refers to Barbara Malimali
 |  |
 |  |
FIRST COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 20th November 2009, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,707.83 into his personal bank account at the National Bank of Tuvalu from one Japan Cultures Exchange Scheme, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
SECOND COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 3rd February 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,402.98 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
THIRD COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 24th March 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,222.50 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
FOURTH COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 6th August 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,174.76 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 20th November 2009, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,707.83 into his personal bank account at the National Bank of Tuvalu from one Japan Cultures Exchange Scheme, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
SECOND COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 3rd February 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,402.98 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd, in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
THIRD COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 24th March 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,222.50 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
FOURTH COUNT
Statement of Offence
Abuse of Office contrary to section 90(1) of the Penal Code Cap 10.20
Particulars of Offence
Mr. Apsiai Ielemia, on or about 6th August 2010, while being employed in the public service by virtue of his office as the Prime Minister of Tuvalu, did an arbitrary act for the purpose of gain and in abuse of the authority of his office by receiving and obtaining $5,174.76 into his personal bank account at the National Bank of Tuvalu from one Ching Fu Shipbuilding Co Ltd., in breach of the values imposed by the Leadership Code and/or contrary to the Tuvalu Government Financial Instructions, which was an act prejudicial to the rights of the Government of Tuvalu and the people of Tuvalu.
*In May 2016, the senior magistrate, Simone Kofe determined that former Prime Minister Apisai Lelemia was guilty of corruption and sentenced him to 12-month imprisonment.
*In June 2016, Justice Norman Franzi of the High Court of Tuvalu quashed Lelemia's conviction and acquitted him of the abuse of office charges. The appeal to the High Court held that the conviction was "manifestly unsafe", with the court quashing the 12-month jail term.
*On 13 March 2017, the Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Franzi and counsel for Lelemia meant that the judgment of acquittal had to be set aside.
*The effect of the judgment was that Lelemia's conviction and sentence by the Senior Magistrate was re-instated but remained subject to a rehearing of the appeal by the High Court.
*On 26 May 2017, following the rehearing of Lelemia's appeal against conviction and the Crown's appeal against sentence, Justice Finnane dismissed Lelemia's appeal and upheld the Crown appeal against sentence and, on 29 May 2017, imposed a new sentence of one year and 11 months.
*On 18 September 2017, the Court of Appeal dismissed Lelemia's appeal on conviction and allowed the appeal on sentence thereby reinstating the Senior Magistrate's sentence of 12 months imprisonment.
*In June 2016, Justice Norman Franzi of the High Court of Tuvalu quashed Lelemia's conviction and acquitted him of the abuse of office charges. The appeal to the High Court held that the conviction was "manifestly unsafe", with the court quashing the 12-month jail term.
*On 13 March 2017, the Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Franzi and counsel for Lelemia meant that the judgment of acquittal had to be set aside.
*The effect of the judgment was that Lelemia's conviction and sentence by the Senior Magistrate was re-instated but remained subject to a rehearing of the appeal by the High Court.
*On 26 May 2017, following the rehearing of Lelemia's appeal against conviction and the Crown's appeal against sentence, Justice Finnane dismissed Lelemia's appeal and upheld the Crown appeal against sentence and, on 29 May 2017, imposed a new sentence of one year and 11 months.
*On 18 September 2017, the Court of Appeal dismissed Lelemia's appeal on conviction and allowed the appeal on sentence thereby reinstating the Senior Magistrate's sentence of 12 months imprisonment.
According to Francis Puleiwai, Barbara Malimali interferred in the arrest of NFP leader and Finance Minister Biman Prasad on
5 September 2024.
*He can run but he won't be able to hide from the long arm of the law
'Sala Maha Chor' fleeing FICAC |  Fiji Sun, September 28-29, 2024 |
