The Commission of Inquiry into the legality of the appointment of Barbara Malimali as Commissioner of FICAC, says today’s FICAC statement appears to be an attempt by Malimali to quell commentary adverse to her, by various stakeholders, including the media, the implication being that such commentary will influence the Commissioner.
The Commission of Inquiry states the Commissioner, His Lordship Justice David Ashton-Lewis is a pre-eminent jurist having enjoyed an illustrious career in Australia, Papua New Guinea and Fiji.
They say he has been honoured by Her Majesty, the late Queen Elizabeth the Second, and His Lordship is certainly not susceptible to the “external pressure” which the FICAC statement refers to.
The Commission statement says Justice Ashton Lewis, and Counsel Assisting, Senior Counsel from New Zealand, Janet Mason have been and continue to undertake their appointment with strict adherence to the tenets of natural justice.
The Commission says as in any modern constitutional democracy, the existence of a Commission of Inquiry should not be held as a buttress against media freedom.
The Commission of Inquiry was not consulted by FICAC prior to FICAC releasing its statement.
FICAC is reminding the public to allow the Commission of Inquiry to carry out its work as it conducts its enquiries into the process of the appointment of the Commissioner of FICAC.
The commission says it is essential that the due process is respected and allowed to proceed without undue interference.
FICAC urges the public, including those in positions of authority, to refrain from trial by media, as this is not the appropriate forum for addressing such matters.
FICAC Commissioner, Barbara Malimali has chosen not to comment on the current situation, as she believes it would be undignified for her to do so.
The commission reassures the public that it continues to operate as normal.
It says under the current leadership of Commissioner Malimali, FICAC is functioning more efficiently than ever before.
Leader of Opposition, Inia Seruiratu says there is an immediate need for Barbara Malimali to resign or step down as Commissioner of FICAC so that the issue of alleged abuse of office, alleged intimidation of witnesses and the circumstances that led to the break-in at the FICAC office can be independently investigated by the relevant authorities.
Seruiratu says these issues require immediate action, and Malimali’s continued presence as FICAC Commissioner is unacceptable.
He says under Malimali’s leadership, FICAC has lost all credibility and public confidence in their mandate to fight corruption.
Seruiratu says they also have to address the unacceptable attitude of the Chief Registrar, Tomasi Bainivalu towards former Acting Deputy FICAC Commissioner, Francis Puleiwai.
He says Bainivalu’s remarks, warning Puleiwai not to make a “mockery” of his office, is repulsive.
The Opposition Leader says the people of Fiji deserve leaders who are above reproach.
He says we now have a burden to ensure that people appointed as leaders in constitutional appointed bodies are of the highest moral calibre.
We have sought comments from Prime Minister, Sitiveni Rabuka and Chair of the Judicial Services Commission, Acting Chief Justice Salesi Temo.
They are yet to respond.
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