THE whole Fiji Independent Commission Against Corruption (FICAC) saga involving Barbara Malimali could have been avoided if the Judicial Services Commission (JSC) had taken her criminal investigation by FICAC and her “Tuvalu incident” seriously, Leader of the Opposition Inia Seruiratu said yesterday.
Mr Seruiratu was speaking to The Fiji Times about Ms Malimali’s published interview in which she strongly rejected suggestions that she was unsuited to public office because of the “Tuvalu incident”, in which her social interactions with a judge caused an appeal decision to be overruled. Ms Malimali went on to berate politicians who opposed her appointment.
In a ruling last week that nullified the findings of the Commission of Inquiry, High Court Judge Dane Tuiqereqere expressed the view that Ms Malimali’s appointment was inappropriate, citing an active FICAC criminal investigation and the Tuvalu encounter.
In 2016, Ms Malimali was co-counsel for former Tuvalu Prime Minister Apisai Ielemia, who had been convicted of abuse of office in the Tuvalu Magistrates Court. Ms Malimali was his lawyer in his appeal to the High Court, which was heard by High Court of Tuvalu Judge Norman Franzi. Justice Franzi overturned the conviction.
The prosecution appealed against Justice Franzi’s decision to the Tuvalu Court of Appeal. The Court of Appeal’s February 2017 ruling referred to several encounters between Ms Malimali and Justice Franzi, including drinking together, a walk on the beach and Ms Malimali being present in his hotel room, which the Judge described as “good manners” and for Ms Malimali’s comfort because she was in wet clothing.
The Court of Appeal found that the facts could lead to an appearance of bias and quashed Justice Franzi’s acquittal of Mr Lelemia, ordering the appeal to be reheard.
Ms Malimali was later advised that she was not permitted to practise law in Tuvalu.
In 2024, during Ms Malimali’s appointment process as FICAC Commissioner, she was also being investigated by FICAC for abuse of office stemming from a complaint against her when she was chair of the Electoral Commission chair.
Mr Seruiratu said the JSC had a responsibility to undertake due diligence and should be held accountable if it failed to do so.
“They should have done that as expected,” he said.
He said proper due diligence was necessary for future appointments to prevent costly consequences for taxpayers and those involved.
“It, all of this, could have been avoided, definitely.”
The JSC is yet to respond to questions about Justice Tuiqereqere’s views on Ms Malimali’s appointment.
