News

Puleiwai claims judiciary pressure

September 29, 2024 4:30 pm

Francis Puleiwai [left] and Barbara Malimali

Serious concerns have surfaced regarding interference in the Fiji Independent Commission Against Corruption operations following the arrest of Barbara Malimali on September 5.

Former FICAC Acting Deputy Commissioner Francis Puleiwai claims that senior officials including Chief Registrar for the Judiciary Tomasi Bainivalu, pressured FICAC to release Malimali.

In an interview with ABC Australia, she says this raised questions about their motivations.

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On the morning of Malimali’s arrest, Puleiwai alleges that several senior lawyers visited FICAC’s office.

Although they insisted they were not interfering, their presence and demands suggested otherwise.

She claims the lawyers were adamant about Malimali’s release and mentioned that the acting Chief Justice had stated FICAC should not file charges against her.

“And then on that afternoon on the 5th of September at around 2.30, she had called our Manager Legal stating no charges are to be filed in court without her express approval and then she would be commencing work the next day. So with that email, that gives me a lot of information for me as a prosecutor because I have been working at the Commission for more than 10 years, I would know. And when a letter is written as such that this also means that the charges against Mr Biman Prasad was to be on hold.”

Puleiwai said she had defended FICAC’s authority, asserting that it is the commission’s right to conduct interviews and determine charges.
She expressed disbelief at the Chief Registrar’s comments which she believes imply direct interference with FICAC’s work.

Despite the pressure, she maintained that the investigation were to proceed as planned.

Tensions, she claimed escalated when Malimali, shortly after her release contacted FICAC’s legal manager, insisting that no charges should be filed without her approval.

This, she says raised further concerns about the influence of senior officials within the judiciary over FICAC’s processes.

Puleiwai also revealed that letters had been sent to the President, Prime Minister and other key officers regarding the charges against Malimali and Deputy Prime Minister and Minister for Finance Professor Biman Prasad.

Professor Biman Prasad addressed claims made by Puleiwai, stating that his lawyers are managing the case and he will not comment on any investigations involving himself or others.

According to Puleiwai, she found it suspicious that Malimali appeared to be aware of these communications despite her release and the halted charges, indicating a possible breach of protocol within the judicial system.

Currently in Australia, Puleiwai has emphasized her family’s safety amid these developments.

She expressed concerns about their security in Fiji particularly due to a stop departure order issued against her upon leaving the country.

Puleiwai states that her main focus is on her children’s well-being during this unprecedented situation.

Puleiwai also reflected on the broader implications for justice in Fiji, expressing a desire for the rule of law to prevail.

She reiterates the need for integrity within FICAC and the judicial system as the events surrounding Malimali’s case have sparked critical discussions about transparency and accountability in Fiji’s fight against corruption.

FBC News has reached out for additional comments from Chief Registrar Tomasi Bainivalu, Chief Justice Salesi Temo, FICAC Commissioner Barbara Malimali and Prime Minister Sitiveni Rabuka.

Responses are still pending.