Bainivalu Warns Puleiwai

Chief Registrar Tomasi Bainivalu has cautioned Francis Puleiwai not to make a "mockery" of his office.

Mr Bainivalu made the comments after the former Acting Fiji Inde­pendent Commission Against Cor­ruption (FICAC) Commissioner, lodged a complaint against FICAC Commissioner Barbara Malimali.

The complaint concerns the con­duct of Ms Malimali when she is­sued a Stop Departure Order (SDO) against Ms Puleiwai.

"Ms Puleiwai, I kindly request that you need to show some kind of respect to our independence, of accepting complaints, from mem­bers of the public against any le­gal practitioners," Mr Bainivalu replied.

Ms Puleiwai claimed Ms Malima­li's action breached Section 13(l)(e) of the FICAC Act 2007.

In an email complaint last Thurs­day at 4.07pm, Ms Puleiwai said on September 7, 2024, Ms Malimali is­sued an SDO a few hours after her departure for Brisbane, Australia at about 10am.

"This action appears to be a deliberate act of ultra vires as there was no investigation being conducted against me at that time, and the SDO was not served on me within the required 24-hour period," Ms Puleiwai said.

"The law clearly out­lines the powers and processes that must be followed. However, Ms.Malimali issued the SDO without adhering to these legal protocols.

"It is clear that the SDO was employed to prevent me from leaving the country while she compiled a case against me, which is a blatant misuse of her authority."

Immune to legal action

Ms Pulewai insisted that Ms Malimali’s complaint against her with the Fiji Police Force was bound to fail since her actions on September 5 were executed in good faith and the purported exercise of her duty under the FICAC Act of 2007.

“As per Section 10G (1) of the FICAC Act 2007, I am immune to any criminal or civil action for those actions,” she said.

“It has come to my attention that, as of today, the SDO is still active in the immigration system and has not been rescinded, despite the procedural errors.”

Mockery

Ms Puleiwai, in her email com-plaint last Thursday to Mr Bainivalu, copied Opposition Members of Parliament, President Ratu Naiqama Lalabalavu, Prime Min-ister Sitiveni Rabuka and some members of the media.

Her action was criticised by Mr Bainivalu in his email correspond-ence last Thursday at 8.08pm.

“Ms Puleiwai, I kindly request that you need to show some kind of respect to our independence, of accepting complaints from mem-bers of the public against any le-gal practitioner,” Mr Bainivalu replied.

“I kindly ask that you do not make a mockery

of its system in copying all your complaints to the media, the PM, senior members of the Op-position and this Felix??...I can’t understand that...

“We will treat your complaint, the normal and same way we treated, others, and with much re-spect, nothing really special about yours.”

Transparency

Ms Puleiwai argued that the manner where she copied “others” in her email complaint was not a mockery of the system, but for transparency and accountability purposes.

“You rightly stated that the Legal Practitioners Unit is an independent institution which I am hoping it will be when handling com-plaints irrespective of whom it is from including my complaint,” Ms Puleiwai said.

“I appreciate that my complaint will be treated like any other complaints since, I for one would like to see the due process being followed and not allegedly just showing favour to certain individuals.”

Ms Puleiwai further pointed out allegations of investigation favouritism.

“As for the complaint you had received against me from Ms Mali-mali some three months ago, this is shocking for I had just left the Commission on September 5, 2024 and the three months would have lapsed last week, Thursday, Decem-ber 5, 2024,” she said.

“So, the question is, what was so special about Ms Malimali’s complaint against me that warranted your office to act that quickly, when you stated some three months ago you had sent me the letter of com-plaint against me by Ms Malimali.”

At the time of Ms Malimali’s controversial appointment, Mr Baini-valu had accompanied her to the FICAC office on the afternoon of September 3.

Feedback: jone.salusalu@fijisun.com.fj