Fiji FICAC Saga: Suspension Rescinded, Appointments Revoked
Barbara Malimali was revealed as the new anti-corruption commissioner last September.
Fiji's prime minister says the country's president has reviewed his decision to suspend the Commissioner of the Fiji Independent Commission Against Corruption, and rescinded the suspension.
However, President Ratu Naiqama Lalabalavu has instead revoked the initial appointment of Barbara Malimali as Commissioner.
Sitiveni Rabuka wrote on Facebook that this was to implement the first recommendation in chapter eight of a Commission of Inquiry (COI) report in accordance with legal advice.
Lalabalavu has also withdrawn the rescission of the appointment of Lisiate Fotofili as acting deputy FICAC Commissioner and his return to his substantive position in the judiciary.
Instead, he has revoked his initial appointment as acting deputy Commissioner – also 'in accordance with the first recommendation in chapter eight of the COI report'.
The Fiji Law Society issued a statement on Sunday saying suspending the Commissioner of FICAC without the advice of the Judicial Services Commission is unlawful.
Society President, Wylie Clarke said the prime minister has no constitutional role in the appointment or discipline of the Commissioner and acting deputy Commissioner of FICAC.
Barbara Malimali – who was also the Electoral Commission chairperson – was revealed as the new FICAC commissioner last September.
The announcement was causing a stir due to it being unclear if she held the Electoral Commission chairperson role at the time of for appointment – raising concerns about conflict of interest.
Then, Malimali was taken for questioning by FICAC officers, sanctioned by the anti-corruption agency's acting deputy commissioner Francis Puleiwai.
The Law Society statement this week said the 'FICAC saga' has distracted the Fijian government for many months and the Society had hoped the COI report would bring that to an end.
Fiji Opposition leader, Inia Seruiratu, has called on the Government to make the COI report public.
Rabuka said 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,' he said.
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