The Office of the Director of Public Prosecutions (ODPP) has concluded that there is insufficient evidence to sustain any criminal charges to the required criminal standard of proof after completing its review of files arising from the Commission of Inquiry (COI.
In a statement, the Office of the Director of Public Prosecutions confirmed it had finished assessing twelve files submitted by the Fiji Police Force last year for legal advice.
One file was earlier closed and returned with a decision not to charge in the matter of State v Barbara Malimali, due to insufficient evidence to support any prosecution.
The ODPP said the remaining eleven files have now also been reviewed, with the outcomes and summaries to be returned to the Fiji Police Force later this week.
The complaints largely stemmed from allegations against Ms Barbara Malimali arising out of the COI, which subsequently led to several other complaints and cross-complaints involving a number of public officers and well-known senior legal practitioners.
Given the sensitivity of the matters and the significant public interest generated by the COI, the ODPP said the files were assessed by multiple senior prosecutors who had no prior involvement or connection with any of the parties named in the complaints.
Those initial assessments were then subjected to an independent review by a senior consultant engaged by the ODPP.
The ODPP confirmed it obtained the services of Mr Ian Lloyd KC, who concurred with the initial assessments and provided further recommendations on the analysis of the evidence.
Each matter was examined both individually and collectively within the ambit of the law.
The ODPP said its assessments were guided by relevant legislation, including the FICAC Act, the Electoral Act, and the Crimes Act, as well as applicable Court of Appeal authorities and the Constitution.
In considering the evidence, the ODPP took into account several critical factors, including the sufficiency of evidence to meet the criminal standard of proof, reasonable prospects of conviction, public interest considerations, statutory limitation periods, applicable immunity provisions, and the distinction between criminal and civil liability.
“Having carefully considered the initial assessments and being guided by the independent review and recommendations of Mr Ian Lloyd KC, the ODPP has concluded that there is insufficient evidence to sustain any criminal charges to the required criminal standard of proof in respect of the files assessed,” the statement said.
Acting Director of Public Prosecutions Ms Nancy Tikoisuva emphasized that the ODPP would not be pressured or rushed into decisions without following due process, reaffirming its commitment to the rule of law, fairness, and independence.
“The ODPP is an independent constitutional body with its own mandate and operates strictly in accordance with the Prosecution Code and internal governance processes,” Ms Tikoisuva said.
“Our review and decision-making processes are guided by evidence, the law, and established prosecutorial principles, and decisions are not dictated by, nor influenced by political individuals or political agendas, including social media posts and opinion.”
