Individuals named in the Commission of Inquiry (COI) regarding the appointment of Barbara Malimali to the Fiji Independent Commission Against Corruption (FICAC) are taking legal action to restore their reputations after the Office of the Director of Public Prosecutions (ODPP) dismissed all twelve associated police investigations. This has prompted prominent Suva lawyer Richard Naidu to represent those seeking judicial review.
Naidu explained that the ongoing court proceedings aim to obtain declarations that the adverse findings by the COI were made in an unfair or unreasonable manner. While he represented two clients before the COI, he noted that other individuals are also pursuing their own legal challenges regarding the inquiry’s conclusions.
The COI’s report criticized several individuals involved with Malimali’s appointment and suggested potential criminal conduct, leading to multiple police investigations. After reviewing the evidence, however, the ODPP determined that the thresholds for criminal prosecution were not met, a conclusion that Naidu supported, highlighting the wisdom in the ODPP consulting Australian Kings Counsel M Ian Lloyd for independent advice.
Despite the conclusion of the criminal investigations, Naidu pointed out that civil matters arising from the COI proceedings are still ongoing in court. These judicial reviews focus on the legality and fairness of the COI’s findings, distinguishing them from issues of criminal liability.
Naidu emphasized the uniqueness of each Commission of Inquiry, noting that the current case does not set a broader legal precedent. He acknowledged that while Commissions of Inquiry are not frequent in Fiji, they serve an important function in scrutinizing controversial situations, educating the public, and providing insights to prevent future issues.
The circumstances of the FICAC-related COI have sparked debate, with Naidu suggesting that the inquiry may have become more controversial than the event it sought to investigate. He remarked on the ongoing discussions regarding the necessity of the COI in Ms. Malimali’s appointment, indicating that what was intended as a remedy for transparency has led to further contention.
Through these civil proceedings, the individuals involved express hope for a fair assessment of the inquiry’s findings and a pathway to clearing their names, underscoring a commitment to justice and accountability within Fiji’s legal system.