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.
  Vuniani  |
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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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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:
- Chief Justice Salesi Temo
- Chief Registrar Tomasi Bainivalu
- Solicitor-General Ropate Green
- Acting Attorney-General Siromi Turaga
- former Attorney-General Graham Leung
- Wylie Clarke
- Amani Bale
- Barbara Malimali
- Laura Vaurasi
- 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.
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.
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.
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.
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
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:
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
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.
- Were you ever instructed by the Fiji ODPP to review the Commission of Inquiry police file?
- Did you provide any written or oral legal opinion regarding whether criminal charges should be brought arising from the COI?
- If you did provide advice, was it relied upon by the ODPP in concluding that there was insufficient evidence?
- 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?
- Do you wish to comment generally on the allegations made in the statutory declaration insofar as they concern your involvement?
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.
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.
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:
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.
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.
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.
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.
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.
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.
- These include: Whether independent documentary evidence exists supporting or contradicting the alleged meeting described in the statutory declaration.
- Whether any contemporaneous notes, emails or memoranda exist.
- Whether other participants allegedly present have been interviewed.
- Whether additional witnesses can corroborate either version of events.
- 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.
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.
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.
