JUDICIAL findings that concerns over Barbara Malimali’s suitability for the position of FICAC Commissioner were valid “completely dismantle” claims that the Commission of Inquiry (COI) was a baseless political exercise, Prime Minister Sitiveni Rabuka’s lawyer Simione Valenitabua says.
In a statement, Mr Valenitabua said the High Court’s decision to quash the COI report on procedural and technical grounds did not invalidate the concerns that prompted the inquiry into Ms Malimali’s appointment. He rejected claims that the judgment amounted to a complete vindication for Ms Malimali or that the COI was a waste of public funds.
“While the High Court quashed the COI Report on procedural and technical grounds (which we disagree with), the court explicitly validated the foundational concerns of the executive that led to the establishment of the independent COI,” Mr Valenitabua said.
He drew attention to paragraphs 365 and 366 of the judgment, saying the High Court recognised the significance of the active criminal investigation and undisclosed international disciplinary issues in assessing Ms Malimali’s suitability for Fiji’s highest anti-corruption office.
At paragraph 365, the court stated that FICAC’s work was vital to Fiji’s economic and social integrity and that the appointment of its commissioner was critical to its success.
It found that, “for this reason alone”, the establishment of the COI into Ms Malimali’s appointment in October 2024 “served a useful purpose”.
At paragraph 366, the court found that the COI report had raised valid concerns about the appointment process, including the relevance of the “Tuvalu incident” and an active FICAC criminal investigation to Ms Malimali’s suitability.
The court further stated that these matters should have been disclosed to the Judicial Service Commission and that it was not appropriate for Ms Malimali to be appointed while an active criminal investigation against her remained pending.
Mr Valenitabua said the findings demonstrated that the concerns behind the inquiry were legitimate.
“These judicial findings completely dismantle any assertion that the COI was a baseless political exercise.”
