The tale of the Commission of Inquiry

The Commission of Inquiry (CoI) was initiated in October 2024 to investigate Barbara Malimali's appointment as Fiji Independent Commission Against Corruption (FICAC) Commissioner and establish whether the selection process was conducted with integrity, fairness, and transparency, by the law.

The inquiry was also tasked with determining whether there were any improper or unlawful influences on Ms Malimali's appointment as FICAC Commissioner. After several months, multiple delays, and under intense scrutiny, the CoI finally submitted its findings to Prime Minister Sitiveni Rabuka and President Ratu Naiqama Lalabalavu in May 2025. The report has not been released to the public, but pressure is mounting for the Prime Minister and the President to act.

Here is a timeline outlining the events and activities of the Commission of Inquiry saga so far.

Counsel Assisting the Commission Janet Mason and senior Australian jurist and current Judge of the Supreme Court Justice David Ashton-Lewis.

• September 3, 2024: Fiji Independent Commission Against Corruption (FICAC) investigators search the Electoral Commission (EC) office in Toorak as part of investigations into Ms Malimali over abuse of office allegations.
• September 4, 2024: Ms Malimali, accompanied by Chief Registrar Tomasi Bainivalu, visits the FICAC office and is introduced as the new Commissioner.
• September 5, 2024: Ms Malimali's appointment is effective. She is detained for questioning by FICAC on her first day as Commissioner, also related to ongoing investigations against her. FICAC acting deputy Commissioner, Francis Pulewai, exercises powers to facilitate Ms Malimali's arrest and resigns from her post. Attorney-General Graham Leung defends Ms Malimali's appointment, claiming it followed "due process".
• September 6, 2024: Judicial Services Commission (JSC) chair Chief Justice Salesi Temo backs JSC's decision to appoint Ms Malimali.
• September 14, 2024: Prime Minister Rabuka is informed via email by the Solicitor-General of Ms Malimali's resignation as Electoral Commission (EC) chair (confirms this on his Facebook page on September 17).
• September 16, 2024: PM Rabuka hints at initiating board of inquiry into Ms Malimali's appointment.
• September 17, 2024: FICAC Commissioner Malimali lodges a police complaint against former FICAC acting deputy Commissioner. Francis Pulewai, for allegations of abuse of office.
• October 31, 2024: The Government announces on Facebook the establishment of a Commission of Inquiry (CoI) to determine whether Ms Malimali's appointment as FICAC Commissioner was made with integrity, fairness, transparency, and in accordance with the law. Justice David E. Ashton-Lewis, SC, a senior Australian jurist and current Judge of the Supreme Court of Fiji, is appointed by then-President Wiliame Katonivere as sole Commissioner. Janet Mason, a dual New Zealand and Fiji citizen and senior barrister, is appointed Counsel Assisting the Commission.

Former FICAC Commissioner, Barbara Malimali.

• December 11, 2024: Acting Commissioner of Police Juki Fong Chew confirms investigations are underway into a police report filed by Supervisor of Elections (SOE) Ana Mataiciwa against Ms Malimali for alleged abuse of office, intimidation, and harassment of witnesses. This follows the Criminal Investigation Department (CID) taking over the investigation from FICAC into Malimali's term as EC Chair. Chew also confirms that Ms Puleiwai lodged a complaint against Ms Malimali, accusing her of abusing her powers as FICAC Commissioner to impose a stop-departure order.
• December 13, 2024: CoI requests JSC and Chief Justice Temo to suspend Ms Malimali before the inquiry begins.
• January 6, 2025: CoI closed-door hearings begin. Prime Minister Rabuka, one of 35 key witnesses, is questioned over Ms Malimali's appointment process.
• Late January: Counsel Assisting the Commission, Janet Mason writes again to Chief Justice Temo, recommending Ms Malimali's suspension after she dismissed FICAC manager of investigations, Kuliniasi Saumi.
• February 14, 2025: Ms Mason confirms that King's Counsel (KC) legal opinion regarding the constitutional debate around Ms Malimali's suspension was forwarded to Prime Minister Rabuka and President Ratu Naiqama. The KC opinion from Professor Philip Joseph of TeWhare Whananga o Waitaha-University of Canterbury Faculty of Law costs Fijian taxpayers $15,000.
• February 20, 2025: JSC requests Ms Malimali to take a three-week leave so CoI can proceed without "hindrance". Nasinu Magistrate Court Resident Magistrate Lisiate Fotofili, fills in as FICAC Acting Deputy Commissioner (effective February 19).
• February 26, 2025: The Commission of Inquiry renews call for Ms Malimali's suspension, citing concerns that Ms Malimali could retaliate against FICAC staff testifying before CoI and undermine the inquiry.
• April 10, 2025: The CoI requests a one-week extension until April 23 to produce the finalreport on the inquiry into Ms Malimali. Counsel Assisting the Commission. Ms Mason confirms that the report will be presented to Prime Minister Rabuka and President Ratu Naiqama.
• April 22, 2025: The report is delayed again by another week. Ms Mason confirms thatit will be submitted to the Prime Mi ister and the President on April 29.
• May 1, 2025: The CoI presents its report, report edly over 400 pages long, to the PrimeMinister and President. PM Rabukasays the final decision to make the re port public rests with the Office of thePresident. President Ratu Naiqamaconfirms he will await advice from thePrime Minister regarding the publica tion of the report and implementationof its recommendations. The total cost of the CoI remains unclear.
• May 12, 2025: Prime Minister Rabuka reveals intent to review report, guided by legal advice.
• May 15, 2025: Counsel Assisting the Commission, Mason, confirms that two copies were provided to the President and PM, one confidential for them only, and the other with certain information redacted. The redacted copy would be for public release. Ms Mason also calls for patience as public pressure mounts for the report's immediate public release.

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