Suspended Corrections Commissioner Dr Jalesi Nakarawa has instructed his legal counsel to address his concerns to the President, Ratu Naiqama Lalabalavu as appointing authority, Sitiveni Rabuka as chairperson of the Constitutional Offices Commission and Minister for Justice Siromi Turaga as the line Minister and the main complainant regarding his suspension for alleged misbehaviour.
In a statement on his Facebook page, Dr Nakarawa says while he respects the decision of the COC, he is duty-bound to safeguard the integrity and independence of the Office of the Commissioner of Corrections.
He says in the days leading up to the COC meeting, he endured an unprecedented and orchestrated attack on social media—personal, relentless, and defamatory in nature.
Dr Nakarawa says despite this, he maintained his professional standards and refrained from engaging in baseless, gutter-level vilifications founded on misinformation.
He says he has formally submitted his responses to the COC Secretariat addressing all complaints raised against him.
The suspended Commissioner says the decision to suspend him has been made and while he respects that, there are critical issues that need to be highlighted.
He says there are two points of contention that he believes are prejudicial to the independence of the Office of the Commissioner, as well as to justice and democracy.
Dr Nakarawa says the Minister’s letter to the Prime Minister and Chair of the COC Sitiveni Rabuka, sought to invoke Section 137 of the Constitution to remove him from office.
He says this raises the fundamental question that does the Minister have the authority to recommend removal on the grounds of misbehavior.
Dr Nakarawa says the removal process for the Commissioner of Corrections is explicitly governed by Section 137 of the Constitution of Fiji, which states that a person holding a constitutional office may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind, or any other cause) or for misbehavior, and shall not be so removed except in accordance with this section.
He says that while the Minister may raise concerns, he does not have the authority to direct or recommend the suspension or removal of the Commissioner.
The suspended Commissioner also alleges there was a lack of due process in the suspension decision.
Dr Nakarawa says the COC should have thoroughly considered his response to the allegations before making a determination.
He says however, he has been suspended without any specific allegation of "misbehaviour" being clearly articulated to him leaving him without a defined claim to respond to.
Dr Nakarawa says under these circumstances, he firmly believes that taking appropriate legal steps is necessary to uphold the independence of the Office of the Commissioner of Corrections, as well as the principles of justice and the rule of law.
He further says given the relentless public attacks over the past few weeks, it is important that the people of Fiji are informed of these critical issues.
He adds he remains committed to due process and to ensuring that the values of fairness, transparency, and constitutional integrity are upheld.
Questions have been sent to the Office of the Prime Minister.
