Usamate questions why PM not investigated over Malimali ruling

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Opposition MO Jone Usamate – SUPPLIED

Opposition MP Jone Usamate has called for accountability following the High Court ruling that declared the dismissal of Barbara Malimali unlawful, questioning why Prime Minister Sitiveni Rabuka has not been investigated.

In a statement yesterday, Mr Usamate said the Prime Minister had “by his own hand” placed himself in a similar legal position to former prime minister Frank Bainimarama, who was previously disqualified from Parliament.

“This is no longer about a difference of opinion between lawyers in New Zealand. It is a documented breach of the Crimes Act and a failure to uphold the standards of the delayed Code of Conduct,” Mr Usamate said.

He referred to Section 139 of the Crimes Act, which deals with abuse of office, saying the High Court had already ruled that the removal of Barbara Malimali was unlawful and beyond the Prime Minister’s powers.

“The High Court has already done the heavy lifting for the prosecutors,” he said.

Mr Usamate also questioned the Prime Minister’s public admission over the decision.

“The Prime Minister says, ‘This one I made on my own.’ In a criminal court, that isn’t transparency. It is a confession. He has pinned the liability to his own chest,” he said.

He said good intentions were not a defence for illegal actions and called for equal treatment under the law.

“Why then is the Prime Minister not being investigated and prosecuted on this matter? Why are leaders being treated differently? Why is the will of the people not being put first?” Mr Usamate said.