The Prime Minister should consider advising the President to remove the Chief Justice for alleged misbehaviour, according to recommendations contained in a document purporting to be the Commission of Inquiry (CoI) report into the appointment of former FICAC Commissioner Barbara Malimali.
The recommendation, said to fall under Section 111(3) of the Constitution, alleges that the Chief Justice’s involvement in Ms Malimali’s appointment and the departure of her former deputy, Frances Puleiwai, warrants scrutiny.
The document outlines concerns about the handling of those appointments and includes claims of procedural irregularities, including possible obstruction and abuse of office.
The same report recommends that Ms Puleiwai be reinstated or compensated for what it refers to as constructive or unfair dismissal.
It also calls for a review of Ms Malimali’s handling of sensitive case files, including those involving Cabinet Ministers, and recommends that her file be returned to FICAC for independent examination and assessment.
The document further suggests that FICAC officials previously involved in the matter not participate in any future investigations and proposes that a new Commissioner be recruited from overseas to support institutional integrity.
Among broader reforms, the report proposes amendments to the FICAC Act, including removing the Judicial Services Commission as the appointing body and assigning that role to the Prime Minister, with the concurrence of the Constitutional Offices Commission.
The report also recommends reviews of case closures during Ms Malimali’s tenure, and evaluations of the Office of the Director of Public Prosecutions and other relevant agencies.
It concludes by proposing anti-corruption workshops for Members of Parliament and that the report, with necessary redactions, be made available to the public.
When approached for comment yesterday, Chief Justice Salesi Temo did not respond to questions from The Fiji Times outside the Supreme Court in Veiuto.
