Former Acting Deputy Commissioner of FICAC, Francis Leba Puleiwai, has lodged a formal police complaint alleging abuse of office, obstruction of justice, and intimidation by top members of Fiji’s judiciary and the Fiji Law Society (FLS) during the controversial arrest of Barbara Malimali on 5 September 2024. Puleiwai accuses the following individuals of unlawfully interfering with FICAC’s independent operations:
Key Allegations
Constitutional Concerns
Puleiwai insists that FICAC is an independent institution under Section 115(6) of the 2013 Constitution and that neither the Chief Justice nor the FLS had any lawful authority to interfere.
She accuses:
Puleiwai has offered to provide affidavits, recordings, and Commission of Inquiry findings to support her claims. She says the incident undermined the rule of law and compromised FICAC’s operational independence. “We were intimidated, threatened with our jobs, and forced to release Barbara Malimali. This was a clear abuse of office and obstruction of justice," says Francis Puleiwai
- Chief Justice Salesi Temo
- Chief Registrar Tomasi Bainivalu
- Fiji Law Society President Wylie Clarke
- Former FLS President Laurel Vaurasi
- FLS member & lawyer Amani Bale
- FLS member & lawyer Nemani Tuifagalele
Key Allegations
- On 5 September 2024, FICAC investigators, acting under Puleiwai’s instructions, arrested Barbara Malimali after she refused an invitation to be interviewed under caution.
- Soon after, Clarke, Vaurasi, Bale, Tuifagalele, and Bainivalu arrived at FICAC headquarters and demanded her release.
- Chief Registrar Bainivalu, allegedly acting on direct instructions from Chief Justice Temo, told FICAC officers that “no court in Fiji would accept any charges filed against Malimali”.
- Puleiwai claims she and other senior officers were intimidated and threatened. Lawyer Amani Bale allegedly warned them it would be “career suicide” to proceed and that they risked losing their jobs.
- Under this pressure, Puleiwai says she reluctantly ordered Malimali’s release.
Constitutional Concerns
Puleiwai insists that FICAC is an independent institution under Section 115(6) of the 2013 Constitution and that neither the Chief Justice nor the FLS had any lawful authority to interfere.
She accuses:
- CJ Temo of abuse of office under s.139 Crimes Act 2009 and obstruction under both the Crimes Act and FICAC Act 2007.
- CR Bainivalu of the same offences for enforcing the CJ’s alleged directives.
- The FLS lawyers of unlawful obstruction under s.19(e) Crimes Act 2009 and s.13A FICAC Act 2007.
Puleiwai has offered to provide affidavits, recordings, and Commission of Inquiry findings to support her claims. She says the incident undermined the rule of law and compromised FICAC’s operational independence. “We were intimidated, threatened with our jobs, and forced to release Barbara Malimali. This was a clear abuse of office and obstruction of justice," says Francis Puleiwai
