Opposition MP Jone Usamate (left), FICAC Commissioner Barbara Malimali

Concerns have been raised over why FICAC Commissioner Barbara Malimali has not been sent on leave even as her appointment undergoes scrutiny.

The Commission of Inquiry has been tasked to determine whether Malimali’s appointment adhered to legal standards of integrity, fairness and transparency.

Opposition MP Jone Usamate has expressed alarm at what he describes as costly missteps by Justice Minister Siromi Turaga, questioning the government’s commitment to the rule of law.

According to Usamate, the mishandling of key appointments and suspensions has not only strained public resources but also undermined Prime Minister Sitiveni Rabuka’s leadership.

Usamate pointed out the recent suspension of Director of Public Prosecutions Christopher Pryde as an example of incompetence.

Pryde, initially suspended on questionable grounds was later cleared following a lengthy tribunal process.

The tribunal, Usamate stated which cost taxpayers $88,597 ruled that Pryde’s suspension was unjustified.

Now, he said the government was obligated to repay his unpaid salary and benefits, adding to the financial burden of this mismanagement.

In a statement, Usamate said that the suspension of Corrections Commissioner Dr Jalesi Nakarawa has further deepened concerns.

Dr Nakarawa was placed on leave to allow an investigation into alleged breaches within the Fiji Corrections Service.

However, he has challenged the legality of the decision, asserting that the Justice Minister lacks the authority to suspend a constitutional office holder.

Dr Nakarawa also stated that he has not been informed of any specific issues warranting such an investigation.

These actions, Usamate said raised serious questions about adherence to natural justice and due process.

Critics argue that the 2013 Constitution, which is the supreme law of Fiji supersedes subordinate legislation and should guide all decisions regarding constitutional office holders.

Usamate said that the inconsistency in handling such matters is another area of concern.

While Dr Nakarawa has been placed on leave, Malimali, who is under investigation by the Commission of Inquiry for allegations including abuse of office and harassment has not faced similar action.

This disparity, Usamate believes undermines the government’s credibility and suggests selective application of justice.

He also pointed out that these legal missteps have tarnished the government’s reputation and resulted in financial costs to taxpayers.

The tribunals, repayments and administrative expenses, he said represent a misuse of public funds that could have been avoided with better governance and respect for due process.

Usamate said that Prime Minister Rabuka must act decisively to address these issues.
Meanwhile, when approached by the media today, Turaga declined to comment.

FBC News has forwarded a copy of Usamate’s statement to the Prime Minister and also questions but we are yet to receive a response.