The Commission of Inquiry has recommended that former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali’s handling of the FICAC investigation into a Cabinet minister be reviewed.
The COI has also called for an independent person to review the case file.
This is the recommendation contained in a leaked document alleged to be the commission’s official report into Ms Malimali’s conduct.
The alleged report stated that although FICAC had issued a press release confirming the closure of the file against the Cabinet minister, the CoI remained extremely troubled by the decision-making process that led to the outcome.
It recommended that Ms Malimali’s handling of the minister’s file be reviewed to determine whether her actions amounted to abuse of office or perverting the course of justice, and that the file itself be examined by an independent party.
The commission is also alleged to have expressed concern that public confidence in the “independence, objectivity, and the integrity of FICAC has been significantly eroded.”
A transcription of Ms Malimali’s alleged questioning before the CoI, annexed in the same document, suggests that Ms Malimali requested further analysis of the minister’s charges and file despite submissions from FICAC’s investigation team that there was sufficient information to charge him.
“Ms Malimali then issued two further lots of instructions requesting further analysis to be undertaken.
The alleged report stated that, given a thorough investigation had already been conducted and two legal opinions had been received, her continued requests for further analysis were not appropriate and could be interpreted as an attempt to stall the charges against the Cabinet minister.
The report further alleges that after repeated confirmation from the investigation team, Ms Malimali handed the file to a FICAC employee “who did not have the expertise” to review the file and give his “observations”.
On April 24, 2025, FICAC issued a press release stating that the file on the minister had been closed and that FICAC would not be prosecuting him.
