OPPOSITION Member of Parliament Premila Kumar has issued a strong public statement calling for Fiji Law Society president Wylie Clarke to clarify his role in the controversial appointment and subsequent termination of former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali.
She said this raises concerns about legal ethics, transparency, and potential obstruction of justice.
In a statement released yesterday, Mrs Kumar questioned Mr Clarke’s silence during Ms Malimali’s initial appointment despite her being under active investigation by the FICAC.
She said according to evidence submitted to the COI, Mr Clarke was allegedly present at FICAC headquarters on September 5, where he reportedly identified himself as legal counsel for Ms Malimali.
“While Mr Clarke has now chosen to emphasise legality and the rule of law, his earlier silence during Ms Malimali’s controversial appointment, and the serious allegations surrounding it, raises troubling questions,” Mrs Kumar stated.
She further raised concerns regarding an audio recording that allegedly captured Chief Registrar Tomasi Bainivalu informing a FICAC officer that ‘no Fiji registry will file any charges’ against Malimali.
“Why did Mr Clarke, as FLS president, not intervene to correct this apparent legal misdirection, given that the Chief Justice has no authority to prevent the filing of charges?” she added.
“The people of Fiji deserve answers, and the truth must not be withheld any longer.”
In response, Mr Clarke told The Fiji Times that he acknowledged Ms Kumar’s statement, and was willing to meet with Mrs Kumar to “discuss the matters she has raised”.
“It’s very pleasing to see that Mrs Kumar has developed a respect and concern for upholding the rule of law after such a long time in public office,” Mr Clarke said.
“She is very welcome to meet with me to discuss the matters she has raised.
“Some of her questions relate to matters of evidence given at the COI which she may not be fully aware of, but which remain strictly confidential by order of the COI.”
