An independent review by senior consultant Ian Lloyd KC has found insufficient evidence to support criminal charges against 11 people arising from the Commission of Inquiry (COI), the Office of the Director of Public Prosecutions (ODPP) said.
The ODPP said it has completed its review of all COI-related files submitted by the Fiji Police Force for legal advice.
A total of 12 files were received last year.
One file, involving former Fiji Independent Commission Against Corruption commissioner, Barbara Malimali, was closed and returned earlier last year after the ODPP decided not to lay charges due to insufficient evidence.
The remaining 11 files have also been assessed, with their outcomes and summaries set to be returned to police later this week.
The ODPP said the complaints arose primarily from allegations against Ms Malimali emerging from the COI, which later triggered additional complaints and cross-complaints involving public officers and well-known senior legal practitioners. The COI was initiated late 2024 to investigate the integrity, fairness, and legality of Barbara Malimali’s appointment as commissioner.
Because of the sensitivity of the matters and the high level of public interest, the ODPP said, the files were first reviewed by multiple senior prosecutors who had no prior involvement with any of the party named.
Those initial assessments were then subjected to an independent review by Mr Lloyd, who concurred with the findings and provided further recommendations on the evaluation of the evidence.
Each file was examined individually and collectively, guided by relevant laws including the FICAC Act, the Electoral Act and the Crimes Act, as well as applicable Court of Appeal authorities and the Constitution of Fiji.
In reaching its decision, the ODPP considered whether the evidence met the criminal standard of proof, the reasonable prospects of conviction, public interest considerations, statutory limitation periods, immunity provisions, and the distinction between criminal and civil liability.
The ODPP concluded there was insufficient evidence to sustain any criminal charges to the required standard.
