PM’s lawyer rejects claim Malimali COI was ‘money wasted’

The Prime Minister's legal counsel has rejected claims the Commis­sion of Inquiry (Col) into former Fiji Independent Commission Against Corruption (FICAC) Commissioner, Bar­bara Malimali, was a waste of time.

In a statement issued on Friday, lawyer Simione Valenitabua Jr said public narra­tives had mischaracterised the High Court judgment by Justice Dane Tuiqereqere as a complete victory for the applicants; Ms Malimali and her lawyer, Tanya Waqani­ka.

However, Chief Justice Salesi Temo, for the first time, told lawyers admitted to the bar on Friday that it is" ... money wasted".

Under paragraph 365, Justice Tuiqereqere concluded that given the sig­nificance of FICAC's role to the economic and social integrity of Fiji, the establish­ment of the Col into Ms Malimali's ap­pointment in October 2024 "served a use­ful purpose".

Justice Tuiqereqere further concluded under paragraph 366 that the Col report dated May 1, 2025, made some valid points about the appointment process.

"The circumstances of the Tuvalu issue were relevant to Ms Malimali's suitabil­ity for the position. As was the fact of the live FICAC investigation into Ms Malima­li at the time of her appointment. These matters were required to be disclosed to the JSC (Judicial Service Commission)."

The JSC is the appointing authority of the FICAC Commissioner.

Justice Tuiqereqere said it was not ap­propriate for Ms Malimali to be appoint­ed Commissioner while an active investi­gation against her was pending.

Mr Valenitabua said: "The High Court of Fiji has definitively recognised as a matter of fact that an active criminal investigation and undisclosed interna­tional disciplinary issues were grave ap­pointment taints that should have legally and ethically precluded an appointment to the highest anti-corruption office in this Republic."

He said they would appeal paragraph 372 of the judgment, which found that the applicants - Malimali, Fiji Law Society President Wylie Clarke, his predecessor Laurel Vaurasi and former Attorney-­General Graham Leung - were not given an opportunity to respond to the Col findings after the inquiry ended on March 3, 2025.

They also intend to appeal the nine or­ders made by the court.

"We assert with the greatest respect to the Court, that this is a fundamental er­ror of law," Mr Valenitabua said.

The proposed appeal will be based on three grounds, including the argument that responsibility for ensuring proce­dural fairness rests solely with the inde­pendent commissioner conducting the inquiry and not the Executive.

He also contends that government has a constitutional obligation to publish re­ports of significant public interest and that releasing the report did not breach the principles of natural justice.

Meanwhile Chief Justice Salesi Temo for the first time, during the bar admis­sion at the Grand Pacific Hotel on Friday made references to the ongoing Col case.

He stressed the importance of lawyers understanding and applying the law.

He said the extension period for the COI investigation had no valid legal authority which now nullifies the whole report.

"They didn't read the Col Act properly to show that his Excellency, the Presi­dent, doesn't have the power to extend and as a result, the Commission went on to conduct the hearing without any legal powers, valid legal powers to extend," Justice Temo said.

"What is the cost, money wasted-It's not the ones who hire them, the clients, just lawyers; we've got to work and find out what are the perimeters of your power to continue with that legal work."