Prime Minister Sitiveni Rabuka was of the view that Barbara Malimali’s appointment as FICAC Commissioner should have been deferred pending a FICAC investigation against her.
This is stated in the Commission of Inquiry report released yesterday government.
Mr Rabuka told the CoI that he became aware of a pending FICAC investigation into Ms. Malimali around the time of her appointment but had no prior knowledge that she would be arrested on the day she assumed office.
He testified that the arrest was related to a complaint dated 8 April 2024 lodged by Ms. Alexandra Forwood and that he subsequently learned of a second complaint made by Ana Mataiciwa, the Supervisor of Elections.
“As Chair of the COC (Constitutional Officers Commission), Hon. Rabuka stated that he relied heavily on the advice of the Secretariat, particularly in legal and procedural matters, including the legality of consultation processes,” states the CoI report.
“He gave evidence that when concerns were raised about the timing of the FICAC Malimali Investigation, he advised Deputy Commissioner Frances Puleiwai to write an out-brief report and confirmed that he had no legal authority to intervene in the President’s appointment process.”
“He recalled attempting to raise the issue with the President on 4 September 2024 but was informed that the appointment had already been signed and could not be undone.”
“He accepted that, in hindsight, the appointment should have been deferred until the investigation was resolved.”
