Apenisa Waqairadovu 
Senior Barrister Janet Mason (left), FICAC Commissioner Barbara Malimali. [File Photo]
We cannot recall FICAC witnesses if Barbara Malimali is still in office as Commissioner.
These were the words of Senior Barrister Janet Mason who says they are still awaiting a decision regarding their request for Malimali to be stood down while witnesses from FICAC are recalled to give evidence.
The King’s Counsel had given in its opinion that the Judicial Services Commission has the power to remove Malimali from office while the hearing on the validity of her appointment continues.
Mason says the KC’s opinion has been sent to the Prime Minister and the President, and a request for a meeting has also been made as soon as Prime Minister Sitiveni Rabuka returns to the country.
Mason says the COI fears that FICAC witnesses can be intimidated if the Commissioner remains in office.
“Both his lordship and I swore an oath, and in that oath, we said we will undertake our appointment impartially, freely and faithfully, and we cannot do that if she is still there unsuspended.”
Mason says they fear the risk of what can happen to the witnesses.
She adds that any person with any common sense would know that an inquiry cannot be run or a judicial proceeding cannot be held if witnesses have been interfered with.
She says the COI cannot continue if this impasse is not resolved.
She alleges that the removal of Kuliniasi Saumi as FICAC’s Manager of Investigations is an interference.
Meanwhile, Malimali confirmed this afternoon having a meeting with the JSC yesterday as she also confirmed she is still Commissioner of FICAC.
