FICAC has today maintained that there has not been any interference of any sort by the current Coalition Government or any political parties for any of its cases being investigated or any ongoing cases, and due processes are strictly adhered to.
In addressing the statement made by former Acting Deputy Commissioner, Francis Puleiwai on Ministers directly contacting her on whether there were any complaints lodged against them, FICAC states that the complainants and person(s) of interest following up on their cases handled by the Commission does not necessarily mean that they are interfering with the processes at FICAC or their cases.
FICAC says the person(s) of interest have rights accorded to them as prescribed under Section 13, 14 and 15 of the Constitution, including the right to be presumed innocent until proven guilty according to law.
It also says person(s) of interest have the right to be heard, a principle also known as “audi alteram partem” and it is a fundamental aspect of natural justice.
FICAC also refers to its earlier press release issued on 27th March 2024 in which Puleiwai stated that interference into FICAC was not from the current Coalition Government but rather from the former Attorney General Aiyaz Sayed–Khaiyum.
FICAC also makes reference to Sayed-Khaiyum’s letter of complaint to President, Ratu Wiliame Katonivere against Puleiwai on 2nd April 2024.
It says the status of that complaint by Sayed-Khaiyum is unknown.
FICAC also reiterates that the complaints received are treated with high priority and nevertheless follow the due processes and procedures of FICAC.
The Commission says the complaints received at FICAC have a turnaround time of seven working days from the date of when the complaint is lodged, that is, the complaint is received and registered, assessed and forwarded to the Office of the Commissioner for further instructions.
They say in accordance to Section 6.5 of the Commission Standing Orders (CSO) there is no specific turnaround time for an investigation into a case.
FICAC says the nature of the investigation may impose a specific timeframe.
As per the current practice, the timeframe of the investigation is given by the Commissioner but the completion of the investigation will depend on the timely collation of evidential material, recording of witness statements and caution interviews.
In the event an investigation cannot be completed within a required timeframe, the necessary submission is made to the Office of the Commissioner outlining the drawbacks and unforeseen circumstances faced during the course of the investigation and a request of extension is made.
FICAC says the decision to charge is only made after the evidence is gathered and analysed, and the person(s) of interest is interviewed.
It also says FICAC has gone through drastic changes in the last year, with the change in leadership and staff turnover thus affecting the completion of its investigation cases.
FICAC says it is committed to have its pending cases completed and will continue to remain independent in their work as prescribed under the law.
fijivillage News has asked FICAC what is the status of the investigation regarding Professor Biman Prasad after letters written by the former Acting Deputy Commissioner that he was to be charged, what is the status of other complaints against cabinet ministers sent to FICAC by the Registrar of Political Parties, and when will a determination be made on whether the complaints are genuine or frivolous. They are yet to respond.
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