A standing confidentiality order was clearly communicated to all participants who were granted access to attend the open sessions of the Commission of Inquiry proceedings into the appointment of Barbara Malimali as FICAC Commissioner.
Commission counsel Janet Mason said the inquiry was conducted under strict rules of natural justice and fairness, and that participants were repeatedly reminded of their obligation to maintain confidentiality.
“Witnesses were reminded on multiple occasions that confidentiality was to be maintained,” Ms Mason said.
“Yes, there are consequences. Disobedience of a lawful order is an offence under Section 202 of the Crimes Act.”
This comes amid allegations that Alex Forwood, a witness in the inquiry, threatened to publicly release confidential video recordings of the proceedings.
Ms Forwood was among several individuals granted access to attend the open sessions but now faces potential legal consequences.
Ms Mason confirmed Ms Forwood, along with Ms Malimali, former Acting Commissioner FICAC Frances Puleiwai, and representatives from the Prime Minister’s and Solicitor-General’s offices, were permitted to observe parts of the hearings.
“Some witnesses were allowed to sit through sections of the hearings, particularly the open sessions if they requested to do so.
“A few gave evidence in closed sessions, limited to the witness, their counsel, the commissioner, and myself.
“Everyone who applied was given the opportunity to participate.”
Ms Mason further clarified that any breach of the confidentiality order could be reported to the Criminal Investigations Department by any member of the public, not just by the commissioner or COI officials.
Janet Mason at the old parliament complex in Veiuto, Suva in February.
Picture: JONACANI LALAKOBAU
