Insufficient evidence to prosecute COI complaints: ODPP

The Office of the Director of Public Prosecutions (ODPP) has concluded that there is insufficient evidence to support criminal charges arising from complaints linked to the Commission of Inquiry (COI) report.

In a statement, the ODPP confirmed it has completed its review of 12 files submitted by the Fiji Police Force for legal advice last year.

One file, relating to State v Barbara Malimali, was closed and returned earlier with a decision not to charge due to insufficient evidence to meet the criminal standard of proof.

The remaining 11 files have now also been assessed, with outcomes and summaries to be returned to Police later this week.

The complaints stemmed primarily from allegations against Ms Malimali arising out of the COI, which subsequently generated additional complaints and cross-complaints involving several public officers and senior legal practitioners.

Given the sensitivity of the matters and the high level of public interest generated by the COI, the ODPP said the files were assessed by multiple senior prosecutors who had no prior involvement or connection with any of the parties named.

The initial assessments were then subjected to an independent review by senior consultant Ian Lloyd KC, who concurred with the prosecutors’ conclusions and provided further recommendations on the analysis of the evidence.

The ODPP said each matter was examined individually and collectively within the framework of the law, guided by relevant legislation including the FICAC Act, the Electoral Act and the Crimes Act, as well as Court of Appeal authorities and the Constitution.

Key considerations included whether the evidence met the criminal standard of proof, reasonable prospects of conviction, public interest factors, statutory limitation periods, applicable immunity provisions and the distinction between criminal and civil liability.

After considering the assessments and the independent review, the ODPP concluded there was insufficient evidence to sustain criminal charges in any of the matters reviewed.

Acting Director of Public Prosecutions Nancy Tikoisuva said the ODPP would not be pressured or rushed into decisions and remained committed to due process, independence and the rule of law.

She said prosecutorial decisions were guided by evidence, the law and established prosecutorial principles, and were not influenced by political pressure, public commentary or social media opinion.