It is within her legal obligations to refer matters to the Fiji Independent Commission Against Corruption (FICAC) for investigation, says acting Supervisor of Elections Ana Mataiciwa.
She said this in response to statements by Deputy Prime Minister Professor Biman Prasad, after the FEO referred a complaint against him to FICAC.
Prof Prasad said the FEO had not presented the allegation to him for a response. Ms Mataiciwa said Section 18 of the Electoral Act 2014, says “If the Electoral Commission or the Supervisor becomes aware at any time of the probable commission of an election-related criminal offence including any criminal offence prescribed in this Act, it must immediately report the matter in writing to FICAC, and all election officials must fully cooperate in the investigation of any election-related offence.”
“My office received the complaint, the complaints process was followed, and after assessment, powers under Section 18 of the Act were invoked, requesting FICAC to investigate a ‘probable’ breach,” Ms Mataiciwa said in a statement.
“This must not be misconstrued as finding the Hon Prasad guilty of any offence.
“I am not only within my statutory rights to act on the complaint, but equally under a statutory duty to refer the matter which I have done.”
In respect of FICAC’s statutory role to investigate probable breaches of the three (3) existing Electoral Laws, FEO says all enquiries regarding this complaint should be directed to FICAC.
