"On the basis of facts well established in the CoI Report, Malimali’s appointment was made improperly and unlawfully and may, therefore, be considered a nullity – legally void from the beginning. In our opinion, the question of her return to FICAC does not arise. Nor should there be any question of compensation in lieu. This is a case of immense public concern. It reveals grave improprieties in the governance of our nation. It points to disturbing signs of collusion among our highest institutions to serve personal and political agendas."
Fiji Labour Party statement
Fiji Labour Party statement
OPINION
The Malimali appointment a nullity?
It's time to change the narrative in the Malimali case. Notwithstanding the recent judicial review ruling, the case must be viewed from the wider perspective of her unlawful appointment as Commissioner FICAC, as revealed in the CoI report.
The judgement of Justice Tuiqereqere was confined to judicial review principles relating to process and procedure rather than the actual adverse findings in the CoI Report. The courts do not have jurisdiction under the CoI Act to consider any evidence that was part of the CoI process.
The findings in the report make it clear that the JSC chair, the Attorney-General and some senior members of the State Law Office were complicit in her unlawful appointment.
The Report recommended that they be charged for the serious offences of perjury, perverting the cause of justice, professional misconduct and misdemeanours.
The findings against Malimali are disturbingly damning. She is alleged to have made several false declarations over the years, concealing her disbarment from practising law in Tuvalu, arising from serious ethical and professional misconduct.
She is declared persona non grata in Tuvalu.
The fact that the DPP's office has stymied prosecution in all these cases, claiming insufficient evidence as an excuse, is in itself a travesty of justice.
It is well known that the Deputy DPP John Rabuku was appointed DPP on the recommendation of the JSC but was tossed out by the Supreme Court because of his conviction for serious professional misconduct.
Rabuku was refusing to relinquish office in open defiance of the Supreme Court ruling until the JSC Chair is said to have approved an unlawful $100,000 hand-shake payment to him.
Malimali was headhunted for the FICAC post and appointed overnight. The rush was to get off the hook Ministers facing charges by FICAC on complaints referred to it by the Supervisor of Elections. Indeed, immediately after her appointment she had the charge against one Minister dropped, and complaints against others dismissed.
Those under investigation were Ministers Biman Prasad, Lynda Tabuya, Filimoni Vosaroga, Manoa Kamikamica, Siromi Turaga and a number of senior officers in the judiciary.
Assistant Commissioner FICAC Francis Puleiwai was actively investigating these complaints.
At the time of her appointment, Malimali herself was under active investigation by FICAC for abuse of office as Chair of the Electoral Commission.
Indeed, she was arrested and was to be charged when the 'crocodiles' identified in the CoI Report intervened unlawfully with the full backing of the JSC, the State Law Office and some senior members of the legal fraternity who were defending those under investigation.
Assistant FICAC Commissioner Puleiwai was in charge at the time. She was proceeding undeterred with her work until threatened by the JSC and forced to resign.
The payment of $160,000 reportedly paid under Malimali’s authorisation from FICAC funds to her privately engaged counsel Tanya Waqanika to represent her in the CoI is also a complaint that remains unresolved.
It has been reported to FICAC as the payout was made against the advice of its legal division. Malimali’s case before the CoI was seen as a private matter not an official FICAC business.
On the basis of facts well established in the CoI Report, Malimali’s appointment was made improperly and unlawfully and may, therefore, be considered a nullity – legally void from the beginning.
In our opinion, the question of her return to FICAC does not arise. Nor should there be any question of compensation in lieu.
This is a case of immense public concern. It reveals grave improprieties in the governance of our nation. It points to disturbing signs of collusion among our highest institutions to serve personal and political agendas.
The Malimali appointment a nullity?
It's time to change the narrative in the Malimali case. Notwithstanding the recent judicial review ruling, the case must be viewed from the wider perspective of her unlawful appointment as Commissioner FICAC, as revealed in the CoI report.
The judgement of Justice Tuiqereqere was confined to judicial review principles relating to process and procedure rather than the actual adverse findings in the CoI Report. The courts do not have jurisdiction under the CoI Act to consider any evidence that was part of the CoI process.
The findings in the report make it clear that the JSC chair, the Attorney-General and some senior members of the State Law Office were complicit in her unlawful appointment.
The Report recommended that they be charged for the serious offences of perjury, perverting the cause of justice, professional misconduct and misdemeanours.
The findings against Malimali are disturbingly damning. She is alleged to have made several false declarations over the years, concealing her disbarment from practising law in Tuvalu, arising from serious ethical and professional misconduct.
She is declared persona non grata in Tuvalu.
The fact that the DPP's office has stymied prosecution in all these cases, claiming insufficient evidence as an excuse, is in itself a travesty of justice.
It is well known that the Deputy DPP John Rabuku was appointed DPP on the recommendation of the JSC but was tossed out by the Supreme Court because of his conviction for serious professional misconduct.
Rabuku was refusing to relinquish office in open defiance of the Supreme Court ruling until the JSC Chair is said to have approved an unlawful $100,000 hand-shake payment to him.
Malimali was headhunted for the FICAC post and appointed overnight. The rush was to get off the hook Ministers facing charges by FICAC on complaints referred to it by the Supervisor of Elections. Indeed, immediately after her appointment she had the charge against one Minister dropped, and complaints against others dismissed.
Those under investigation were Ministers Biman Prasad, Lynda Tabuya, Filimoni Vosaroga, Manoa Kamikamica, Siromi Turaga and a number of senior officers in the judiciary.
Assistant Commissioner FICAC Francis Puleiwai was actively investigating these complaints.
At the time of her appointment, Malimali herself was under active investigation by FICAC for abuse of office as Chair of the Electoral Commission.
Indeed, she was arrested and was to be charged when the 'crocodiles' identified in the CoI Report intervened unlawfully with the full backing of the JSC, the State Law Office and some senior members of the legal fraternity who were defending those under investigation.
Assistant FICAC Commissioner Puleiwai was in charge at the time. She was proceeding undeterred with her work until threatened by the JSC and forced to resign.
The payment of $160,000 reportedly paid under Malimali’s authorisation from FICAC funds to her privately engaged counsel Tanya Waqanika to represent her in the CoI is also a complaint that remains unresolved.
It has been reported to FICAC as the payout was made against the advice of its legal division. Malimali’s case before the CoI was seen as a private matter not an official FICAC business.
On the basis of facts well established in the CoI Report, Malimali’s appointment was made improperly and unlawfully and may, therefore, be considered a nullity – legally void from the beginning.
In our opinion, the question of her return to FICAC does not arise. Nor should there be any question of compensation in lieu.
This is a case of immense public concern. It reveals grave improprieties in the governance of our nation. It points to disturbing signs of collusion among our highest institutions to serve personal and political agendas.
