Barbara Malimali has been suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Barbara Malimali has been suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva this afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Stay with us for developments.
Attorney General, Graham Leung has been dismissed by Prime Minister, Sitiveni Rabuka earlier today.
Leung has confirmed this to fijivillage News.
When questioned on the reasons for his dismissal, Leung says it is his prerogative to appoint his Ministers or replace them.
Leung says he respects the constitutional authority of the Prime Minister.
The departing Attorney General says he wishes the Government every success, and he is grateful for the opportunity to have been of service.
A new Attorney General is expected to be appointed soon.
The Prime Minister is yet to comment or release a statement.
Stay with us for developments.
The Attorney General's dismissal comes just hours after Barbara Malimali was suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva yesterday afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Minister for Defence and Veteran Affairs, Pio Tikoduadua is expected to meet with Prime Minister, Sitiveni Rabuka next week regarding a letter received by Tikoduadua from the Commander of the Republic of Fiji Military Forces, Major General Jone Kalouniwai.
The letter is regarding the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Tikoduadua says he will discuss the contents of the letter with the Prime Minister first.
Major General Kalouniwai is yet to comment.
Stay with us for developments.
Attorney General, Graham Leung has been dismissed by Prime Minister, Sitiveni Rabuka earlier today.
Leung has confirmed this to fijivillage News.
He is on an official visit to China to sign off on a Treaty.
When questioned on the reasons for his dismissal, Leung says it is his prerogative to appoint his Ministers or replace them.
Leung says he respects the constitutional authority of the Prime Minister.
The departing Attorney General says he wishes the Government every success, and he is grateful for the opportunity to have been of service.
A new Attorney General is expected to be appointed soon.
Rabuka says he has decided to exercise the power conferred upon him by Section 92(3)(b) of the Constitution, to dismiss Graham Leung as a Minister holding the office of Attorney-General, with immediate effect. Rabuka had appointed Leung as a Minister of his Cabinet to serve as Attorney General on 5th June 2024. The Prime Minister says the findings in the recent Report of the Commission of Inquiry into the appointment of the FICAC Commissioner, has made it evident to him that Leung’s position in his Cabinet is now untenable. Rabuka says this is not a decision he has taken lightly, but one that is necessary in the best interest of the people that they serve.
Stay with us for developments.
The Attorney General's dismissal comes just hours after Barbara Malimali was suspended with immediate effect as Commissioner of FICAC pending investigation by the Fiji Police Force of allegations against her raised in the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has decided this after advice from the Prime Minister and Minister responsible for the Commission of Inquiries Act.
Rabuka says Lavi Rokoika has been appointed with immediate effect as Acting Commissioner of FICAC.
Lisiate Fotofili’s appointment as Deputy Commission of FICAC has been rescinded with immediate effect and he returns to his substantive position in the Judiciary.
Rokoika has assumed office as Acting Commissioner of FICAC and met with Malimali, Fotofili and FICAC Managers at the FICAC Headquarters in Suva yesterday afternoon.
Rabuka asks the people of Fiji to remain patient as they carefully map the implementation of the COI Report.
He stresses he is committed to release of the report which is funded by the people of Fiji however this will be done in a manner to ensure that investigations are not prejudiced, civil rights of accused persons are respected and the rule of law maintained.
The final report of the COI was transmitted on 14th May 2025 with eight chapters and ten annexures with a total of 648 pages including the ten annexures.
Malimali is yet to reveal what she will do.
The President has not released any statement.
Questions continue to be raised how the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner is being treated as a lot of allegations against several people are in the report without any legal proof.
Calls continue to be made for the report to be made public while Rabuka says that it won't be done as Police and FICAC may investigate some issues raised in the report.
Some legal sources are saying that the report could be weaponised to target certain individuals, and questions remain on legal proof on the allegations made against the people in the COI report.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Any person who threatens, insults or injures any person on account of any evidence which he may give or has given before the Commissioners or who binders or deters any person from giving evidence before the Commissioners is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Any person appointed by the Commissioners as interpreter who wilfully gives a false interpretation of any evidence or makes an untrue translation of any document is guilty of an offence and shall be liable upon conviction to a fine of two hundred dollars or to imprisonment for a term of six months.
Fiji Labour Party Leader, Mahendra Chaudhry welcomes Prime Minister, Sitiveni Rabuka’s move to implement the recommendations of the Commission of Inquiry report on the appointment of Barbara Malimali as Commissioner FICAC but he says they are aware that a number of other members of the Cabinet and those in the judiciary and the legal fraternity have also been indicted in the COI report.
Chaudhry says Malimali has been suspended pending an inquiry. Rabuka has also sacked Attorney General Graham Leung saying that his position in the Cabinet had become “untenable” following the findings of the COI.
Chaudhry hopes other members of the Cabinet and those in the judiciary and the legal fraternity will be dealt with in a similar manner.
He says the Prime Minister's move comes hot on the heels of reports that Army Commander Major General Ro Jone Kalouniwai had written to government expressing concern that the COI report was not being made public.
Chaudhry says this is a step in the right direction but the Prime Minister has a long way to go to thoroughly clean up “ the rot” that began with the controversial appointment of Malimali as FICAC Commissioner last July.
He says they expect the Prime Minister to continue the clean up process to ensure that good governance and the rule of law are fully upheld.
Chaudhry says the people will accept no less from Rabuka.
When asked by fijivillage News on whether he will also act against any other Cabinet Ministers or senior civil servants, Rabuka says he can only take unilateral action, according to the Constitution, on the Attorney General, others will be in accordance with other processes and the law.
Opposition MP, Premila Kumar says the Prime Minister’s announcement to suspend Barbara Malimali as FICAC Commissioner stops short of confirming whether her appointment was found to be improper or unlawful.
Kumar says if irregularities were identified: why has Malimali been suspended rather than terminated.
She asks on what grounds has Malimali's file been referred to the Fiji Police.
Kumar asks what is the nature of the allegations under investigation as the public has a right to clarity on these matters.
She says they deserve full transparency on whether any breaches of law or ethics occurred, and whether those breaches warrant more than a temporary suspension.
Kumar adds Malimali’s appointment was made by the President, on the recommendation of the Judicial Services Commission, chaired by the Chief Justice.
She says if the appointment process failed to meet legal or ethical standards, then her appointment should have been revoked.
The Opposition MP says the accountability must also extend to the JSC, including its Chair and members.
She asks will the JSC Chair and Commissioners also be held accountable. Kumar also says it remains unclear whether Malimali has been suspended on full pay or without pay.
She asks if her appointment did not meet legal standards, is continued remuneration justified.
Kumar says this ambiguity must be resolved to avoid perceptions of preferential treatment or waste of public funds.
She says suspension, however, implies Malimali remains an officer of FICAC until further notice.
Kumar also raises the issue that while the revocation of the Deputy FICAC Commissioner, Lisiate Fotofili’s appointment is appropriate, his reinstatement to a judicial role is deeply problematic.
Kumar says Fotofili had resigned from the judiciary to take up a 3-year FICAC contract.
She says reinstatement without a formal application and vetting process, especially if his previous post has been filled, raises legal and ethical concerns.
She says it also sets a dangerous precedent and raises questions about the integrity of judicial appointments.
Kumar says if due process was not followed, both the appointees and those responsible for their appointments must be held accountable.
She urges the Prime Minister to publicly release the full COI report and outline the government’s plan for implementing the remaining recommendations.
Prime Minister Rabuka had earlier said to fijivillage News that he will not make any further comments for now.
We have sought a response from him.
The Fiji Law Society says it appears that both Prime Minister, Sitiveni Rabuka and the President, Ratu Naiqama Lalabalavu have been poorly advised on their powers in dealing with issues after the Commission of Inquiry report in relation to the appointment of Barbara Malimali as FICAC Commissioner.
Law Society President, Wylie Clarke says it is inevitable that these decisions will be legally challenged.
He says this will only create further uncertainty and controversy over the affairs of FICAC and its leadership.
The Society respectfully urges the President to recall his decisions on the affected FICAC officials and to obtain independent and impartial legal advice on how to proceed.
They also make the same request of the Prime Minister, who has been poorly advised on the recommendations he has made to the President.
The Fiji Law Society says it is deeply concerned about recent actions taken by the President concerning the Commissioner and Acting Deputy Commissioner of FICAC.
According to a statement issued by the Prime Minister on 29th May 2025, the President appears to have decided to suspend Malimali, dismiss the Acting Deputy Commissioner (and appoint him Magistrate), and appoint a new Acting Deputy Commissioner on the advice of the Prime Minister.
Clarke says if that is so, these actions are not constitutional or lawful.
He stresses that the Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC.
Clarke says that is the role of the Judicial Services Commission.
As a result, the Society does not understand how the Prime Minister believes he can advise the President to suspend Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.
Clarke says there is a specific reason why these FICAC appointments are left to the JSC and not to Government Ministers.
He says it is to ensure the “separation of powers”, a critical constitutional concept and fundamental principle of the Rule of Law.
Clarke says specifically in the case of the FICAC Commissioner’s job, it is to avoid political interference in the affairs of FICAC.
The Law Society President says the Government statement says that the President acted in accordance with sections 81 and 82 of the Constitution.
However he says section 82 is very clear.
It says the President acts only on the advice of Cabinet or a Minister or of some other body or authority prescribed by the Constitution for a particular purpose as the body or authority on whose advice the President acts in that case.
In this case the “prescribed authority” is the Judicial Services Commission, it is not the Prime Minister.
Clarke further clarifies that it follows that in the absence of any advice or recommendation from the JSC to the President in relation to Malimali, the decision to suspend Malimali is unlawful.
He says it is equally unlawful for the President to appoint an acting FICAC Commissioner and to dismiss the Deputy Commissioner of FICAC and re-appoint him to the Magistracy without the recommendations of the JSC.
Clarke further says the Prime Minister’s statement says that the President is implementing recommendations of the Commission of Inquiry into Malimali’s appointment but no one has had the opportunity to read the COI report or to comment on its findings or recommendations and whether or not those findings and recommendations are correct.
The Law Society President says the findings of the COI report can be challenged in court, so it is only fair that those who are affected by the COI report – including Malimali and the now dismissed Attorney General, Graham Leung – have the opportunity to see what has been said about them in the COI report and to challenge its conclusions if they wish.
Clarke says in the meantime, the President and the Prime Minister must respect the Constitution by which they are bound.
He stresses the executive’s intrusion into the functions and roles of the JSC must not be permitted because it sets a precedent that threatens the independence of the judiciary and other constitutional commissions.
Clarke says whatever problems they are trying to solve in the actions they have taken, they are only creating further problems by acting outside the law.
Clarke says the FICAC saga has preoccupied and distracted the Government for many months.
The Society had earnestly hoped that the COI report would bring that to an end.
Clarke says unfortunately, it appears that the actions taken in response to the COI report are only going to further extend the distraction and controversy.
He says this is not a good outcome for the stability and good governance that Fiji needs as the necessary foundation for addressing the many critical social and economic issues we face as a nation.
We have sent questions to Prime Minister Rabuka on who is giving legal advice to him and the President, and whether he will relook at the issues at hand based on the Law Society saying that both he and the President are acting outside the Constitution.
He is yet to comment.
Another twist in the aftermath of the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner today as Prime Minister, Sitiveni Rabuka confirms that President, Ratu Naiqama Lalabalavu has rescinded Malimali’s suspension and also revoked her appointment as Commissioner of FICAC.
Rabuka says the President has informed him that he has reviewed his decision of 29th May 2025, with regard to the suspension of Malimali as Commissioner of FICAC, and the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and taken further decisions. The Prime Minister says after careful consideration, the President has decided to revoke Malimali's appointment as FICAC Commissioner.
He says this is to implement the first recommendation in Chapter 8 of the COI Report in accordance with the legal advice from Professor Phillip Joseph KC; and also to withdraw the rescission of the appointment of Lisiate Fotofili as Acting Deputy FICAC Commissioner and his return to his substantive position in the Judiciary, and instead, revoke his appointment as Acting Deputy Commissioner FICAC, in accordance with the first recommendation in Chapter 8 of the COI Report.
Rabuka confirms both decisions are effective immediately.
The Fiji Law Society had earlier said it appears that both Prime Minister Rabuka and President, Ratu Naiqama Lalabalavu have been poorly advised on their powers in dealing with issues after the Commission of Inquiry report in relation to the appointment of Barbara Malimali as FICAC Commissioner.
Law Society President, Wylie Clarke said according to a statement issued by the Prime Minister on 29th May 2025, the President appears to have decided to suspend Malimali, dismiss the Acting Deputy Commissioner (and appoint him Magistrate), and appoint a new Acting Deputy Commissioner on the advice of the Prime Minister.
Clarke says if that is so, these actions are not constitutional or lawful.
He stresses that the Prime Minister has no constitutional role in the appointment or discipline of the Commissioner and Acting Deputy Commissioner of FICAC.
Clarke says that is the role of the Judicial Services Commission.
As a result, the Society does not understand how the Prime Minister believes he can advise the President to suspend Malimali, dismiss the Acting Deputy Commissioner and appoint a new Acting Deputy Commissioner.
We had sent questions to Prime Minister Rabuka on who is giving legal advice to him and the President, and whether he will relook at the issues at hand based on the Law Society saying that both he and the President are acting outside the Constitution.
He is yet to comment but the legal decisions were reviewed today.
Prime Minister, Sitiveni Rabuka says he will only take action against other cabinet ministers if the result of any subsequent investigations find culpability in their actions discovered in the cause of the Commission of Inquiry.
While responding to fijivillage News on whether he is planning to take action against any other cabinet ministers after the Commission of Inquiry report, Rabuka says the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, was not adversarial, it was inquisitorial.
According to the Commissions of Inquiry Act, no evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever, except in the case of a person charged with false interpretation, or with giving false evidence before the Commissioners.
Meanwhile Prime Minister Rabuka confirms he is meeting the Deputy Prime Ministers tomorrow.
He says he is unaware of the agenda of the meeting as the Deputy Prime Ministers have asked for the meeting.
Stay with us for developments.
Minister for Justice, Siromi Turaga has been appointed as Acting Attorney General.
Prime Minister, Sitiveni Rabuka has made the appointment after the dismissal of Graham Leung following the Commission of Inquiry report.
The acting appointment will be in effect until a substantive Attorney General is appointed.
The Commander of the Republic of Military Forces, Major General Ro Jone Kalouniwai met with Prime Minister, Sitiveni Rabuka at the Government Buildings in the last hour.
The meeting follows the Army Commander’s concerns in a letter regarding the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Major General Kalouniwai did not say anything when he walked into the building and when he left after the meeting.
Prior to this, Police Commissioner, Rusiate Tudravu was seen leaving the Government Buildings after a meeting.
When fijivillage News contacted Minister for Defence, Pio Tikoduadua, he confirmed he was not part of any meeting with the Army Commander or the Police Commissioner.
He later confirmed that the Commander was with the Prime Minister after coming by his office.
Stay with us for developments.
Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka met with Prime Minister, Sitiveni Rabuka at the PM’s Office this morning.
They did not make any comments on the meeting.
Rabuka had confirmed to fijivillage News yesterday that he was meeting with the Deputy Prime Ministers however he was not aware of the agenda as they had asked him for a meeting.
Stay with us for developments.
@fijivillage.com Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka met with Prime Minister, Sitiveni Rabuka at the PM’s Office this morning. Story Link: https://www.fijivillage.com/news/Deputy-PMs-meet-with-Prime-Minister-this-morning-rxf485/
♬ original sound - fijivillage
Prime Minister, Sitiveni Rabuka met with the Deputy Prime Ministers, Manoa Kamikamica, Professor Biman Prasad and Viliame Gavoka this morning, where he has advised them that he will act based on the recommendations of the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
While speaking after the meeting at the Government Buildings, Rabuka says the Deputy Prime Ministers had asked for the meeting.
Rabuka says they have said that they will act with the recommendations in the report.
He confirms the report will be redacted as some parts have been referred to Police and FICAC for investigation.
A meeting was also held with Police Commissioner, Rusiate Tudravu on the report earlier today.
Rabuka is also assuring the report will be made public after the redaction as some matters have to be looked at by FICAC and Police.
The Deputy Prime Ministers did not make any comments after the meeting.
Prime Minister, Sitiveni Rabuka met with the Commander of the Republic of Fiji Military Forces, Major General Ro Jone Kalouniwai and Minister for Defence, Pio Tikoduadua regarding the Commander’s concerns about the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner.
Rabuka confirms he has been communicating directly with the Commander on how he is dealing with the COI report.
Rabuka makes it clear that Chapter 7 has some people named in the Commission of Inquiry report, and this cannot be disclosed publicly.
He says according to the recommendation of the report, it is up to the investigating arms of the government to carry out the investigation.
Rabuka says if the details were not redacted, it could compromise the investigations and jeopardise the positions of those names.
Major General Kalouniwai did not say anything when he walked into the building and when he left after the meeting.
The meeting lasted for about 1 hour.
Prior to this, Police Commissioner, Rusiate Tudravu was seen leaving the Government Buildings after a meeting.
Stay with us for developments.
@fijivillage.com I have been communicating directly with the Commander on his concerns – PM Story Link: https://www.fijivillage.com/news/I-have-been-communicating-directly-with-the-Commander-on-his-concerns--PM-5xrf48/
♬ original sound - fijivillage
Siromi Turaga has been appointed as Acting Attorney General for now but the Prime Minister will still wait for the outcome of the Commission of Inquiry report.
Prime Minister, Sitiveni Rabuka has made this clear today after he was asked why Turaga has been brought back as AG after he was removed from the position last year.
@fijivillage.com Acting AG will stay but PM will still wait for the outcome of the Commission of Inquiry report Story Link: https://www.fijivillage.com/news/Acting-AG-will-stay-but-PM-will-still-wait-for-the-outcome-of-the-Commission-of-Inquiry-report-58frx4/
♬ original sound - fijivillage
Commission of Inquiry Chair and Supreme Court Judge Justice David Ashton-Lewis has revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking on an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
He says that undoing the mess of the past 16 years — including eight years under a military government, which was illegal from the day it seized power to the day it allowed parliamentary elections — is not easy.
He says that many of the same people who entered Parliament were just as corrupt and disgraceful as those in the military.
Justice Ashton-Lewis says it is impossible to fix all of that in just two years. He observed that around 85 to 90 percent of people are committed to restoring parliamentary government, ensuring the separation of powers, and upholding the independence of the judiciary, Parliament, and the executive — which includes the President, as nothing becomes law until he signs it.
He says he has good hope for the country as long as Rabuka is leading it, and his enemies just claim the worst things about him, but the people who know him just dismiss this as people trying to destroy him.
The Supreme Court Judge says he believes no one can destroy Rabuka and the only person who can destroy him is himself but he is a total committer to the rule of law, the separation of powers, and parliamentary government.
He further says FICAC was set up under the previous regime, which was in power for eight years as a military government, and then eight years as a terrible parliamentary government because it was the same people, they just did not wear uniforms, they wore suits.
Justice Ashton-Lewis says they had really weaponised this body to deal with their enemies.
When asked if he is going to return, he says as a Supreme Court Judge, he is at Fiji’s call but with regards to the COI, he believes there is going to be a lot more inquiry work and he has had it quietly indicated to him that he will be asked to come back and do some of those.
We have approached the Prime Minister for comments.
Meanwhile some people are raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
The question whether it is ethical is also being raised.
The Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner, which cost taxpayers $2 million, is now in jeopardy, as the Commissioner of the Inquiry and Supreme Court Judge, David Ashton-Lewis has gone public with the contents of the report.
Section 4 (1) of the Commissions of Inquiry Act states the every Commissioner appointed under the Act shall take an oath or make an affirmation that he will faithfully and impartially and to the best of his ability discharge the duties devolving upon him by virtue of the Commission, and, if the inquiry should not be held in public, that except to the President he will not divulge the proceedings or the vote or opinion of any Commissioner.
People are already raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
Ashton-Lewis said he has revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking on an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
He observed that around 85 percent of people are committed to restoring parliamentary government, ensuring the separation of powers, and upholding the independence of the judiciary, Parliament, and the executive — which includes the President, as nothing becomes law until he signs it.
He says he has good hope for the country as long as Rabuka is leading it, and his enemies just claim the worst things about him, but the people who know him just dismiss this as people trying to destroy him.
The Supreme Court Judge says he believes no one can destroy Rabuka and the only person who can destroy him is himself but he is a total committer to the rule of law, the separation of powers, and parliamentary government.
He further says FICAC was set up under the previous regime, which was in power for eight years as a military government, and then eight years as a terrible parliamentary government because it was the same people, they just did not wear uniforms, they wore suits.
Justice Ashton-Lewis says they had really weaponised FICAC to deal with their enemies.
When asked if he is going to return, he says as a Supreme Court Judge, he is at Fiji’s call but with regards to the COI, he believes there is going to be a lot more inquiry work and he has had it quietly indicated to him that he will be asked to come back and do some of those.
We have approached the Prime Minister for comments. He is yet to respond.
The comments from Commission of Inquiry Commissioner and Supreme Court Judge Justice David Ashton-Lewis regarding the ‘wannabe Prime Minister’ certainly sounds like me but he needs to clarify who he is referring to.
Deputy Prime Minister and Minister for Trade, Manoa Kamikamica stressed this after the COI Chair said that he revealed to Prime Minister Sitiveni Rabuka the ‘crocodiles in the pond’ at Rabuka’s asking.
While speaking to an Australian community based radio station, 4crb, Justice Ashton-Lewis says there are always going to be aggrieved people who think they can do it better and one of these people that he identified was someone who is all smile at his face and will stab him in the back if they get the chance.
He says one of them is a ‘wannabe’ Prime Minister.
Kamikamica says rumours have been circulating that he is the ‘wannabe Prime Minister’ because he smiles a lot.
The Deputy Prime Minister says the Commissioner has abused the law because everyone was told that they can't talk about the report.
He says the rules were set for the COI that no one was to say anything until the President decides what to do with the report.
Kamikamica says he has refused to answer any questions on the COI because they were under direct instruction and he will reserve his comments when the report comes out. The Deputy Prime Minister further says he has publicly come out and posted on facebook that he is very supportive of the release of the report.
When asked if he ever intended to be the Prime Minister, Kamikamica says he never joined politics to become Prime Minister and he just wanted to get rid of the last government after 16 years of mismanagement and wrong rule.
The Deputy Prime Minister adds that he never asked the Prime Minister to be Deputy Prime Minister.
Kamikamica says he finds the "wannabe PM" comment as pathetic and ignorant.
He adds it is also very insulting to him and his family.
Kamikamica says he and his wife sacrificed heaps to fight the last regime.
He stresses that he never asked the Prime Minister about being Prime Minister and never will.
The Deputy Prime Minister says anybody that knows Manoa Kamikamica knows that he works hard and allows what he does in his career to determine progression.
He says he is what they call a high performer, and he always believes if you work hard, you will find success, or more appropriately success will find you.
Kamikamica stresses that his focus is to rebuild Fiji, they have no time to waste, they have one Leader, the Prime Minister whom he supports 100 percent.
Fiji Law Society President, Wylie Clarke states that as the 2013 Constitution makes clear, the Fiji Law Society is not a member of the Judicial Services Commission and it was not consulted in the appointment of the FICAC Commissioner.
Following a statement released by Opposition MP, Premila Kumar attacking Clarke, it has been made clear that the Fiji Law Society has already issued a statement regarding President, Ratu Naiqama Lalabalavu and Prime Minister, Sitiveni Rabuka not having the legal power to suspend the Commissioner and Deputy Commissioner of FICAC.
Clarke stresses that the Judicial Services Commission is the body responsible for the appointment and dismissal of the Commissioner and Deputy Commissioner of FICAC.
He also says as they remain bound by a Commission of Inquiry order of confidentiality, they are not at liberty to comment on any evidence that may have been given in the COI.
Clarke says any questions pertaining to judicial and court administrative matters are best directed to the Chief Justice.
Meanwhile Premila Kumar says Clarke should publicly clarify his role in the controversial appointment and subsequent termination of former FICAC Commissioner, Barbara Malimali.
Kumar then highlighted some issues from a leaked audio recording, saying the President of the Fiji Law Society has a duty to speak out and correct any legal misdirection.
Kumar adds that the millions of dollars spent on the Commission of Inquiry could have been avoided had oversight institutions acted impartially and with integrity from the outset.
Kumar also says the questions she raised are based on information already in the public domain.
She has reiterated her call for the full release of the COI report, which the Prime Minister previously promised but has continued to delay.
As questions arise on the veracity of the evidence being talked about in the Commission of Inquiry report into the appointment of Barbara Malimali for FICAC Commissioner, the Commissioner of Inquiry and Supreme Court Judge, David Ashton-Lewis confirms that while in a normal court situation, you cannot accept hearsay, he could accept hearsay on hearsay in the proceeding.
While speaking on the Australian community radio interview called The Judge, Ashton-Lewis confirms he regulated the proceedings of the COI, so he did not have to follow any Supreme Court rules.
He says there's no appeal from a decision and the only thing that a Commissioner of Inquiry must observe are the principles of natural justice, that is, any person who is called to appear, or any person who is under investigation, has a right to be heard, usually by counsel, they can appoint counsel, has a right to cross-examine any evidence that is damaging to the person.
Ashton-Lewis says when he came to Fiji, there were five witnesses to be heard, and they went from five to 35 witnesses.
He confirms the Commission of Inquiry is not a trial, it's an investigation, and any evidence of a Commission of Inquiry cannot be used in a later case but it's up to the Director of Public Prosecutions to get the police to re-investigate those matters, and if satisfied, the DPP will lay indictments, and then there will be a trial.
Ashton-Lewis says he found there were nine people who had done things such as lied under oath.
He says five people from the government have had terrible accusations made against them, and complaints made to FICAC against them.
Section 4 (1) of the Commissions of Inquiry Act states that every Commissioner appointed under the Act shall take an oath or make an affirmation that he will faithfully and impartially and to the best of his ability discharge the duties devolving upon him by virtue of the Commission, and, if the inquiry should not be held in public, that except to the President he will not divulge the proceedings or the vote or opinion of any Commissioner.
People are already raising serious questions on Commissioner Ashton-Lewis coming out and making the comments and allegations based on allegations made against people in the Commission of Inquiry.
The Fiji Law Society is today calling on Justice David Ashton-Lewis to resign from the Supreme Court of Fiji or face disciplinary action.
President of the Fiji Society, Wylie Clarke says the interview Justice Ashton-Lewis, the former Commissioner of Inquiry, gave to a Queensland radio station, in which he discussed a number of confidential COI matters, has now compromised both the COI and his judicial office.
Clarke says considerable time and money believed to run into the millions of dollars has been spent on the COI.
He says the post-COI process has descended into chaos.
Clarke adds those persons (according to the Commissioner himself, nine) criticised in the COI Report have had no access to the COI Report and its findings, so they cannot defend themselves from what it says.
He says Justice Ashton-Lewis is openly suggesting that the withholding of the COI Report by the Government, including against persons affected by it, is on his own advice.
The Law Society President says that advice is contrary to section 16 of the 2013 Constitution of Fiji which guarantees executive and administrative justice, the right to procedural fairness, to everyone.
He says elements of the COI Report, including videos of COI witness evidence and affidavits, are now appearing selectively on social media as a result of leaks to individuals who are critics of key officials.
Clarke says we are now beyond the point where there is any sense in keeping the COI Report from the public.
He stresses it should be released so everyone has the same information and those criticised in it know what they are accused of and can respond.
Clarke says the Fiji Law Society has, in the past, been prepared to challenge and take to court questions of the suitability and qualifications of judicial officers.
He says if necessary, it will do so again.
Clarke says the reason that Commissions of Inquiry are, all over the world, entrusted to senior judges is because those judges are seen to have the competence, independence and temperament to manage an inquiry process and make well-founded findings of fact based on that process.
He says in this case, the COI, in the middle of its process, undertook an unprecedented and undignified attack on Malimali, the subject of the inquiry, in order to have her suspended from office insisting, clearly incorrectly, that it could not continue its work without her suspension.
Clarke says Justice Ashton-Lewis, who is bound by section 4 of the Commissions of Inquiry Act 1946 to swear an oath to preserve the confidentiality of the COI, its proceedings and his opinions, seems to have completely disregarded his legal obligations.
He adds having demanded that all those appearing before him maintain absolute confidentiality, Justice Ashton-Lewis appears to have no problem disregarding his own rules.
Clarke says Justice Ashton-Lewis has mischaracterised the facts in broad and prejudicial statements, claiming, for example, that Malimali had been “universally seen as corrupt” at the time of her appointment.
He says there is no evidence for such a strong statement.
Clarke says by his own admission, Justice Ashton-Lewis appears to be actively advising the Prime Minister on implementation of the COI report, including on how to “cut the ground” from under those he sees as the Prime Minister’s opponents.
Clarke says Justice Ashton-Lewis suggests that he is doing the Prime Minister’s bidding by revealing to him “the crocodiles in the pond” yet the Prime Minister himself was a witness in the COI and potentially the subject of findings (positive or negative).
He adds Justice Ashton-Lewis appears to express his direct political support for the Prime Minister, including defending him from attack from a “wannabe Prime Minister” and declaring that the Prime Minister is committed to the rule of his law, in contrast to his “enemies.”
The Fiji Law Society President says Justice Ashton-Lewis seems to demonstrate a lack of knowledge of essential facts, including Fiji’s current membership of the Commonwealth.
Clarke says Justice Ashton-Lewis suggests that he has been “quietly” told that he will receive more inquiry work.
He says none of these statements or actions is appropriate for a Judge of the Supreme Court of Fiji.
Clarke stresses that judges at every level of Fiji’s court system are expected to be politically independent, and they are expected to exercise careful discretion to comment on the matters in which they are involved either in the most neutral and sensitive terms, or (in most cases) not at all.
He says Justice Ashton-Lewis’s intemperate comments, including his many references to his engagement with the Prime Minister, suggest he does not understand his role either as a Supreme Court judge or a Commissioner.
Clarke says independence from the Government and from political actors is a fundamental requirement for any judge.
He stresses that in view of his comments, no one appearing before a Supreme Court bench on which Justice Ashton-Lewis sits can be confident that the Supreme Court will look fairly and independently at any legal issue without a political element.
Another legal battle starts today as sacked FICAC Commissioner, Barbara Malimali takes her matter to court against the President, Prime Minister and Attorney General.
Malimali’s judicial review matter will be called this morning before High Court Judge, Chaitanya Lakshman.
Malimali’s application is dealing with the judicial review of the powers of the President, Ratu Naiqama Lalabalavu in terminating her employment based on the advice of Prime Minister, Sitiveni Rabuka.
Prime Minister Rabuka had first announced Malimali’s suspension and then announced that the President had dismissed her after his advice.
These developments took place after the assessment of the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner.
The matter where sacked FICAC Commissioner, Barbara Malimali has taken the President, Prime Minister and Attorney General regarding her dismissal will be heard in the High Court on the 14th of July.
Malimali’s application is dealing with the judicial review of the powers of the President, Ratu Naiqama Lalabalavu in terminating her employment based on the advice of Prime Minister, Sitiveni Rabuka.
Prime Minister Rabuka had first announced Malimali’s suspension and then announced that the President had dismissed her after his advice.
These developments took place after the assessment of the Commission of Inquiry report into Malimali’s appointment as FICAC Commissioner.
The matter was supposed to be called before Justice Chaitanya Lakshman, however it was called before Justice Dane Tuiqereqere as Justice Lakshman had recused himself.
Justice Tuiqereqere says he had done so as he knows the witnesses personally.
Justice Tuiqereqere also declared that he knows the siblings of Malimali's lawyer, Tanya Waqanika's husband.
Both parties had no objection to this.
He has given Malimali's lawyer time until the 9th of July to file their written submission while the respondents have until the 11th of July to file their response.
Siddharth Nandan appeared upon Waqanika's instructions for Malimali while Eliesa Tuiloma and Josefa Mainavolau from the Office of the Attorney General appeared for the State.
Commissioner of Police, Rusiate Tudravu stresses the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner will not be used for Police investigation as stipulated under the Commission of Inquiry Act as the investigators have their own line of investigation.
Tudravu is urging the members of the public to trust the system that is in place and let the investigation into the Commission of Inquiry continue.
This is after being asked by fijivillage News if the investigators have found any evidence of wrongdoing by anyone mentioned in the report based on the report having a lot of hearsay on hearsay.
He says the report was referred to them for analysis and he confirms that the analysis has been completed and the findings are submitted to the Office of the Prime Minister.
Tudravu adds once further guidance is received, he has given specific instructions to the team to solely focus on this investigation as it is a national case of interest and provide progress of investigation through the line Assistant Commissioner of Police Crime.
Police complete assessment of COI report and submit report to the PM
— fijivillage (@fijivillage) June 17, 2025
Read more : https://t.co/i1T9Ds3X0H pic.twitter.com/JEQMHi83tT
Insert: Tudravu on independence of investigation 17th June 25 MR
Tudravu says the team assigned to conduct the investigation are senior investigators who have on their own merit investigated many major cases of national interest and he is urging members of the public to trust the process.
As sections of what is claimed to be the official Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner are heavily circulated online, the Dean of the JDP School of Law the University of Fiji, Professor Shaista Shameem has called for the stepping aside of all public officers, especially those who are lawyers, named in the COI report.
Professor Shameem says the public officers especially those who are lawyers should step aside to allow investigations without interefence in the allegations of unlawful behaviour on their part.
Professor Shameem says she had read parts of the COI report available in the public domain and is shocked that the problem is much worse than she had originally thought.
She says besides the public officers named, including the judiciary, very senior members of the legal fraternity were specifically mentioned in the COI report and it is up to the private bar to seek their suspension from the Fiji Law Society.
Professor Shameem says they should do this as a matter of urgency to ensure that the Fiji Law Society survives otherwise the revelations in the COI report could sound the death knell for the Law Society which would not be fair to the private bar.
Professor Shameem urged the responsible authorities not implicated in the COI report to speedily take action as otherwise instability in the legal system would be inevitable.
According to the document being circulated, the COI recommendations include that all of the potential offences in the events described in the report be investigated by FICAC and/or the Police and if the evidence warrants this prosecuted so long as no evidence taken under the COI is admissible against any person who may be so charged, that all of the files that have been closed under Barbara Malimali’s tenure are reviewed by independent senior counsel, the handling of Malimali’s file by the Office of the DPP and the Police is reviewed by independent senior counsel, the FICAC Act be reviewed including its wide powers, the report is to be made public with the appropriate redactions, and should the report not be made available to the public, the report be made available to each of the witnesses on a confidential basis with the appropriate redactions.
The report also raises serious questions regarding the appointment of Malimali as FICAC Commissioner.
Prime Minister, Sitiveni Rabuka remains silent after sections of the report were circulated online from yesterday.
Rabuka has also not said what he will do as the Police analysis of the COI report has already been submitted to him.
We have also sent the sections of the report being circulated online to the Fiji Law Society.
Questions continue to arise on the veracity of the evidence being talked about in the Commission of Inquiry report as the Commissioner of Inquiry and Supreme Court Judge, David Ashton-Lewis had earlier confirmed that while in a normal court situation, you cannot accept hearsay, he could accept hearsay on hearsay in the COI proceeding.
He said that he regulated the proceedings of the COI, so he did not have to follow any Supreme Court rules.
He said there's no appeal from a decision and the only thing that a Commissioner of Inquiry must observe are the principles of natural justice, that is, any person who is called to appear, or any person who is under investigation, has a right to be heard, usually by counsel, they can appoint counsel, has a right to cross-examine any evidence that is damaging to the person.
Ashton-Lewis added the Commission of Inquiry is not a trial, it's an investigation, and any evidence of a Commission of Inquiry cannot be used in a later case but it's up to the Director of Public Prosecutions to get the police to re-investigate those matters, and if satisfied, the DPP will lay indictments, and then there will be a trial.
Ashton-Lewis says he found there were nine people who had done things such as lied under oath.
He says five people from the government have had terrible accusations made against them, and complaints made to FICAC against them.
An investigation into the final report of the Commission of Inquiry into the appointment of Barbara Malimali as the Commissioner of FICAC has commenced, upon receipt of a formal letter of referral for investigation from President, Ratu Naiqama Lalabalavu yesterday.
Police Commissioner, Rusiate Tudravu says a formal letter of referral was sent to the Police and FICAC, to investigate the final report of the Commission of Inquiry and persons of interests, and where warranted, prosecution.
This morning Tudravu met with FICAC’s Acting Commissioner, Lavi Rokoika, and in attendance were the Assistant Commissioner of Police Crime Mesake Waqa and Director Criminal Investigations Department, Senior Superintendent of Police Loraini Seru, to discuss the specific areas of investigation to be undertaken by the respective institutions, to avoid duplication, and ensure efficiency of the investigation process.
Tudravu reiterates his assurance of the conduct of a thorough independent investigation by the team of senior investigators from the Criminal Investigations Department.
Yesterday, Tudravu urged the members of the public to trust the system that is in place and let the investigation into the Commission of Inquiry continue.
This is after being asked by fijivillage News if the investigators have found any evidence of wrongdoing by anyone mentioned in the report based on the report having a lot of hearsay on hearsay.
Tudravu says no one has been taken in yet. He says the report was referred to them for analysis and he confirms that the analysis has been completed and the findings are submitted to the Office of the Prime Minister.
We have asked the question why Police have sent the findings to the Office of the Prime Minister.
They are yet to comment.
As sections of what is claimed to be the official Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner are heavily circulated online, the Dean of the JDP School of Law the University of Fiji, Professor Shaista Shameem has called for the stepping aside of all public officers, especially those who are lawyers, named in the COI report.
Professor Shameem says the public officers especially those who are lawyers should step aside to allow investigations without interference in the allegations of unlawful behaviour on their part.
Professor Shameem says she had read parts of the COI report available in the public domain and is shocked that the problem is much worse than she had originally thought.
She says besides the public officers named, including the judiciary, very senior members of the legal fraternity were specifically mentioned in the COI report and it is up to the private bar to seek their suspension from the Fiji Law Society.
Professor Shameem says they should do this as a matter of urgency to ensure that the Fiji Law Society survives otherwise the revelations in the COI report could sound the death knell for the Law Society which would not be fair to the private bar.
Professor Shameem urged the responsible authorities not implicated in the COI report to speedily take action as otherwise instability in the legal system would be inevitable.
According to the document being circulated, the COI recommendations include that all of the potential offences in the events described in the report be investigated by FICAC and/or the Police and if the evidence warrants this prosecuted so long as no evidence taken under the COI is admissible against any person who may be so charged, that all of the files that have been closed under Barbara Malimali’s tenure are reviewed by independent senior counsel, the handling of Malimali’s file by the Office of the DPP and the Police is reviewed by independent senior counsel, the FICAC Act be reviewed including its wide powers, the report is to be made public with the appropriate redactions, and should the report not be made available to the public, the report be made available to each of the witnesses on a confidential basis with the appropriate redactions.
The report also raises serious questions regarding the processes followed during the appointment of Malimali as FICAC Commissioner.
Prime Minister, Sitiveni Rabuka remains silent after sections of the report were circulated online.
Rabuka has also not said what he will do as the Police analysis of the COI report has already been submitted to him.
We have also sent the sections of the report being circulated online to the Fiji Law Society.
Questions continue to arise on the veracity of the evidence being talked about in the Commission of Inquiry report as the Commissioner of Inquiry and Supreme Court Judge, David Ashton-Lewis had earlier confirmed that while in a normal court situation, you cannot accept hearsay, he could accept hearsay on hearsay in the COI proceeding.
He said that he regulated the proceedings of the COI, so he did not have to follow any Supreme Court rules.
He said there's no appeal from a decision and the only thing that a Commissioner of Inquiry must observe are the principles of natural justice, that is, any person who is called to appear, or any person who is under investigation, has a right to be heard, usually by counsel, they can appoint counsel, has a right to cross-examine any evidence that is damaging to the person.
Ashton-Lewis added the Commission of Inquiry is not a trial, it's an investigation, and any evidence of a Commission of Inquiry cannot be used in a later case but it's up to the Director of Public Prosecutions to get the police to re-investigate those matters, and if satisfied, the DPP will lay indictments, and then there will be a trial.
Ashton-Lewis says he found there were nine people who had done things such as lied under oath.
He says five people from the government have had terrible accusations made against them, and complaints made to FICAC against them.
Opposition MPs Alvick Maharaj and Ketan Lal have released strong statements after information emerging from the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner.
Maharaj says the recent unauthorized leak of the COI report has triggered a sharp rebuke from the Opposition, who today voice grave concerns over the government's capacity to safeguard sensitive national documents.
He says the Opposition assert that the chaotic exposure of the report has shattered public confidence and raises profound questions about the integrity of state institutions under the current administration.
Maharaj says for weeks, the Opposition have consistently called for the full and public release of the COI report, advocating for transparency and accountability in governance.
He says now, we are faced not with a structured release, but a shameful leak that has exposed confidential details, including the names of top officials.
The Opposition argues that this unauthorized disclosure represents a catastrophic loss of confidence in the government's fundamental competence.
Maharaj says if a document of such national importance, detailing sensitive investigations and potentially implicating senior figures, cannot be kept secure, the Opposition questions what guarantee the people of Fiji have for the confidentiality of other vital state secrets from national security matters to private citizen data.
He adds the reputations of individuals, some of whom are 'top brass,' have now been tarnished by an unofficial release, without the benefit of formal process or clarity from the authorities.
Meanwhile Ketan Lal says in light of the serious revelations emerging from the leaked Commission of Inquiry report, it is his firm view that all individuals who have been named and implicated —pending further investigation and due legal processes — must be immediately subjected to Stop Departure orders.
Lal says this is a matter of national integrity and public confidence.
He says we cannot allow individuals who may be under suspicion in such a high-profile matter to flee the country or interfere with ongoing investigations.
The Opposition MP says ensuring their availability to law enforcement authorities is a minimum safeguard in upholding the rule of law.
Sacked FICAC Commissioner, Barbara Malimali’s lawyer, Tanya Waqanika confirms that they are still waiting for the official copy of the Commission of Inquiry report into the appointment of Malimali as FICAC Commissioner.
When asked by fijivillage News on the leaked report, Waqanika says they have written to President, Ratu Naiqama Lalabalavu for a copy of the COI report but there has been no response from the President’s Office.
She says they certainly want the official copy of the report.
Malimali has taken the President, Prime Minister and Attorney General to court after the sacking.
Deputy Prime Minister and Minister for Trade, Cooperatives and SMEs Manoa Kamikamica stresses that the appointment of Barbara Malimali as FICAC Commissioner was solely the decision of the Judicial Services Commission and not Cabinet.
While speaking to the media, Kamikamica confirms no specific Cabinet meeting was held for the appointment of Malimali when he was Acting Prime Minister.
He says he has not seen the full report and will await the Prime Minister to release it.
Kamikamica urges the people of Fiji to think about how the report has been handled and wait for it to be released.
When asked about the report being leaked to the public, the Deputy Prime Minister says the leak is a concern as the people of Fiji are only seeing one side of the story.
Kamikamica says they will await the release of the report so those people named in the report can say their side of the story.
He says the accuracy of what is in that report is up for debate.
He says this is done by some people who have ulterior motives, and it's disrespectful to the Prime Minister and the President.
Deputy Prime Minister and National Federation Party Leader, Professor Biman Prasad says he is leaving the issue regarding the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, to the President and Prime Minister.
Professor Prasad says he will not be dragged into any matters of hearsay after the leakage of the COI report.
Police and FICAC have started the investigations into the COI report.
According to the document being circulated, the COI recommendations include that all of the potential offences in the events described in the report be investigated by FICAC and/or the Police and if the evidence warrants this prosecuted so long as no evidence taken under the COI is admissible against any person who may be so charged, that all of the files that have been closed under Barbara Malimali’s tenure are reviewed by independent senior counsel, the handling of Malimali’s file by the Office of the DPP and the Police is reviewed by independent senior counsel, the FICAC Act be reviewed including its wide powers, the report is to be made public with the appropriate redactions, and should the report not be made available to the public, the report be made available to each of the witnesses on a confidential basis with the appropriate redactions.
The report also raises serious questions regarding the processes followed during the appointment of Malimali as FICAC Commissioner.
Prime Minister, Sitiveni Rabuka remains silent after sections of the report were circulated online.
Rabuka has also not said what he will do as the Police analysis of the COI report has already been submitted to him.
We have also sent the sections of the report being circulated online to the Fiji Law Society.
Questions continue to arise on the veracity of the evidence being talked about in the Commission of Inquiry report as the Commissioner of Inquiry and Supreme Court Judge, David Ashton-Lewis had earlier confirmed that while in a normal court situation, you cannot accept hearsay, he could accept hearsay on hearsay in the COI proceeding.
@fijivillage.com I’m leaving the COI report issue to the President and PM – Prof. Prasad
♬ original sound fijivillage
The Commissioner of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner, Justice David Ashton-Lewis says it is sad when people who are not trained in law write comments such as, they have been found guilty by Justice Ashton-Lewis.
While speaking on The Judge radio program in Australia, Justice Ashton-Lewis says no one's been found guilty.
He says the report stated on the evidence before him, on the balance of probabilities, and believes that certain named people lied under oath.
Justice Ashton-Lewis says no court has found it but he believes they have lied under oath, committed obstruction of justice, and they have perverted the course of justice.
He goes on to say that it is up to the police who now are investigating to make a determination whether people should be charged, and their files then go to the Director of Public Prosecutions.
The Commissioner says he wanted to correct things, where in his earlier interview he said 72 recommendations.
He said it was 72 areas that he investigated into that led to about 9 or 10 recommendations which are contained in the Commission of Inquiry Report, which he is advised during the week, has been leaked to the public.
Justice Ashton-Lewis says in one way, he is happy, because the public have always had a right to know this, and both the President and the Prime Minister have taken their time for reasons that he understands, but it's now over six weeks,
He says people are starting to make up conspiracy theories and it was that the Prime Minister wanted to make sure that certain areas were dealt with, for instance, that the report be handed to the police.
Justice Ashton-Lewis says anyone listening in Fiji will know that the police now have had meetings with the Prime Minister, and they are starting to investigate matters that he has raised.
He adds it's always sad when the commentariat who make comments on matters that they are not educated in and they do not know.
The judge says that he found things he was allowed to accept hearsay under the Commission of Inquiries Act, which in a court of law you can't do unless it comes within certain strictly defined exceptions.
He said that he can accept hearsay, and can also, if he wanted to accept hearsay on hearsay.
Justice Ashton-Lewis now says he accepted no hearsay on hearsay.
He says he did accept hearsay evidence, and he made a finding in that.
He encourage anyone to read the report rather than what someone tells them or what they think, and if they are not trained in law, then they will need to speak to suitably qualified lawyers to have things clarified.
Justice Ashton-Lewis says governments are bound with an obligation, and the Prime Minister and the President are aware of that obligation and have agreed that the matter should be released to the public, but it's up to them to mark the time.
He says this report has been leaked everywhere, from what he can see, but someone has leaked it now to the press and the public, and they can read it now online.
He says it's sad but it's probably sped up the process that the public have a right to know.
Justice Ashton-Lewis says he is sad because the people who appeared in the Commission of Inquiry were entitled to a full copy of the report on the day that it was handed in to both the President and the Prime Minister.
He says now that hasn't happened, and he is sad over that.
Prime Minister, Sitiveni Rabuka has not made any comments after the report leak earlier in the week.
Copies of the redacted Commission of Inquiry Report will be made available to both the public and witnesses following directives issued by Prime Minister Sitiveni Rabuka.
Speaking to fijivillage News, Rabuka confirmed that individuals will be able to access the report electronically.
He says the Secretary for Information has been authorized to facilitate public access to the electronic version.
The Prime Minister also stated that he will formally inform President, Ratu Naiqama Lalabalavu, that the government is acting on this particular recommendation from the COI.
Police and FICAC are currently investigating certain contents of the report after it was referred to them by the President.
According to the document being circulated, the COI recommendations include that all of the potential offences in the events described in the report be investigated by FICAC and/or the Police and if the evidence warrants this prosecuted so long as no evidence taken under the COI is admissible against any person who may be so charged, that all of the files that have been closed under Barbara Malimali’s tenure are reviewed by independent senior counsel, the handling of Malimali’s file by the Office of the DPP and the Police is reviewed by independent senior counsel, the FICAC Act be reviewed including its wide powers, the report is to be made public with the appropriate redactions, and should the report not be made available to the public, the report be made available to each of the witnesses on a confidential basis with the appropriate redactions.
The report also raises serious questions regarding the appointment of Malimali as FICAC Commissioner.
Redacted COI Report to be made available to public and witnesses - Rabuka pic.twitter.com/iMvkoGNcLK
— fijivillage (@fijivillage) June 24, 2025
Prime Minister Sitiveni Rabuka has approved the release of the redacted final report from the Commission of Inquiry into the appointment of the FICAC Commissioner, Barbara Malimali.
The report is now available here: COI FINAL REPORT - REDACTED
An unredacted version of the report will be made available, upon request, to all witnesses who participated in the Commission of Inquiry.
This release follows the directive of the Prime Minister and has been endorsed by the President Ratu Naiqama Lalabalavu.
Witnesses seeking access to the full report are advised to contact the Director of Information, Samisoni Pareti, via email at: samisoni.pareti@moc.gov.fj
Former Attorney General, Graham Leung stresses that he never conspired with others like Deputy Prime Minister Manoa Kamikamica, Minister for Justice Siromi Turaga and Solicitor General Ropate Green to appoint Barbara Malimali as FICAC Commissioner.
Speaking at a press conference, Leung says he hopes the Commission of Inquiry Report into the appointment of Malimali is not politicised as there are claims made against him of committing criminal offences with no proof in the report that he had done that.
Leung also stresses that he never had any discussion with Prime Minister, Sitiveni Rabuka on Malimali’s appointment or the Commission of Inquiry report before he was dismissed without any discussion.
@fijivillage.com I agreed to the appointment after Electoral Commissioners wrote to me – former AG
♬ original sound - fijivillage
He says the COI Report is a travesty of justice and we are poisoning ourselves if we take this report seriously.
He says the report’s conclusions are the triumph of idle social media prattle and lazy legal guesswork.
Leung highlighted the personal cost that the COI Report has extracted from all of us in Fiji by debasing our best instincts through social media gossip, picking at the ties of goodwill and community that have bound us together as a country, jumping to quick conclusions based on flimsy conspiracy theories so that we no longer recognise the presumption of innocence as an important principle, and how important it is that we all have access to fair and efficient justice, no matter the charge, no matter the situation.
According to Leung’s sworn affidavit to the Commission of Inquiry, he says on or about 2nd September 2024, Acting Chief Justice Salesi Temo wrote to him and consulted on its recommendation that Malimali be appointed to fill the vacant post of Commissioner of FICAC.
He said he understands that on the same day, he communicated back to the Judicial Services Commission that he was in agreement with and endorsed its decision.
Leung said in the sworn affidavit that on 3rd September 2024, he called the Acting Deputy Commissioner of FICAC, Francis Puleiwai and had a brief telephone call when she confirmed there was a complaint against Malimali, then Chair of the Electoral Commission, and an applicant for the post of FICAC Commissioner.
He said as a result, and out of caution, on Tuesday 3rd September 2024, he contacted the Acting Chief Justice and suggested he put Malimali’s appointment on hold.
Leung said Acting Chief Justice Temo said he would do so.
He said later, on the same day, Doctor Atu Emberson Bain, a lawyer, former Senator, and one of the current Electoral Commissioners emailed him a copy of the letter addressed to the Chair of the Judicial Services Commission.
In that letter all the Electoral Commissioners including Doctor Bain, Nalini Singh, Reginald Jokhan, Nemani Mati and Ratu Inoke Dokonivalu say that they believe there has been nothing in the actions of Malimali as Electoral Commission Chair that can be construed as interference with the appointment or work of the Supervisor of Elections or that is an abuse of office.
The Commissioners also said that it is also concerning for them that a search warrant should be executed on the basis of a vexatious complaint of no merit, in particular an allegation by Alexander Forwood of abuse of office.
They said that Forwood has been engaged in systematic bullying and harassment of Malimali on social media over five months. They said this included making wild and unsubstantiated allegations that Malimali, in her capacity as Chair of the Electoral Commission, had sought to dismiss the Acting Supervisor of Elections Ana Mataiciwa at the time, to interfere with the process of appointing the Supervisor of Elections, and generally to interfere with the work of the SOE.
Leung said that following the receipt of the letter from the Electoral Commissioners, he called the Acting Chief Justice and told him that he no longer persists with the reservation he had in relation to Malimali’s appointment as FICAC Commissioner.
He said he explained to Acting Chief Justice Temo that faced with the views of five prominent citizens whose credibility he did not doubt, against those of a well known anti-government blogger Alexander Forwood, he preferred to rely on the endorsement of the Electoral Commissioners.
Leung adds that he was only consulted as stated under the 2013 Constitution, and the Judicial Services Commission made up of the Acting Chief Justice who is also the Chair, the President of the Fiji Court of Appeal, Permanent Secretary for Justice and the Chief Registrar decided and recommended the appointment before the President appointed Malimali as FICAC Commissioner.
Leung says one of the reasons he was ready to serve the government was because of the terrible cost that many of them paid as citizens during the Bainimarama years.
Leung says during those years, the law was used as a weapon to intimidate, to threaten and to silence.
He says accusations would be made and a presumption of guilt would be cast over the accused, causing friendships, families and workplaces to change.
Leung says there was a real fear of associating with someone accused and this happened in all of our lives.
He says he looks at the Commission of Inquiry Report and sees the same thing.
Leung also highlighted that it is more than two months since the COI Report was published, and he still has not received an official copy of the report detailing the official findings against him.
He says he still does not have access to the official transcripts, so he cannot verify, test or check, what was said and why the COI reached the findings that it did.
The former Attorney General says this is not the standard of justice or the rule of law that he spent his professional career defending.
Leung says the COI has been allowed to fester in our politics and national conversation for too long.
He says this is not who we are, and we are better than this.
Leung was appointed Attorney-General on 5th June last year and was dismissed by the Prime Minister on May 30th.
The Prime Minister said the COI Report made his position as Attorney-General ‘untenable’.
Leung says he takes strong exception to, and unequivocally rejects, the findings of the Commission of Inquiry insofar as they relate to his conduct during the appointment process of the FICAC Commissioner.
Leung says at all material times, he acted within the bounds of the law, with honesty, and in good faith.
Former Attorney General, Graham Leung says the Commission of Inquiry Report into the appointment of Barbara Malimali is a travesty of justice.
In a press conference, Leung says we are poisoning ourselves if we take this COI Report seriously.
He says the report’s conclusions are the triumph of idle social media prattle and lazy legal guesswork.
Leung highlighted the personal cost that the COI Report has extracted from all of us in Fiji by debasing our best instincts through social media gossip, picking at the ties of goodwill and community that have bound us together as a country, jumping to quick conclusions based on flimsy conspiracy theories so that we no longer recognise the presumption of innocence as an important principle, and how important it is that we all have access to fair and efficient justice, no matter the charge, no matter the situation.
He says one of the reasons he was ready to serve the government was because of the terrible cost that many of them paid as citizens during the Bainimarama years.
Leung says during those years, the law was used as a weapon to intimidate, to threaten and to silence.
He says accusations would be made and a presumption of guilt would be cast over the accused, causing friendships, families and workplaces to change. Leung says there was a real fear of associating with someone accused and this happened in all of our lives.
He says he looks at the Commission of Inquiry Report and sees the same thing.
Leung also highlighted that it is more than two months since the report was published, and he still has not received an official copy of the report detailing the official findings against him.
He says he still does not have access to the official transcripts, so he cannot verify, test or check, what was said and why the COI reached the findings that it did.
The former Attorney General says this is not the standard of justice or the rule of law that he spent his professional career defending.
Leung says the COI has been allowed to fester in our politics and national conversation for too long.
He says this is not who we are, and we are better than this.
Leung was appointed Attorney-General on 5th June last year and was dismissed by the Prime Minister on May 30th.
The Prime Minister said the COI Report made his position as Attorney-General ‘untenable’.
Leung says he takes strong exception to, and unequivocally rejects, the findings of the Commission of Inquiry insofar as they relate to his conduct during the appointment process of the FICAC Commissioner.
Leung says at all material times, he acted within the bounds of the law, with honesty, and in good faith. Stay with us for developments.
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