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RNZ News
a day ago
- Politics
- RNZ News
Fiji's anti-corrupt chief faces legal turmoil amid political tensions and NZ's denial of support
By Christine Ravoi , PMN From left: Fiji PM Sitiveni Rabuka, NZ PM Christopher Luxon, and former Fiji anti-corruption chief Barbara Malimali. Photo: Fiji government/PIF/Supplied The New Zealand Government has made it clear that it did not offer assistance to the Fijian government over a legal case involving the country's former anti-corruption chief. Lawyer Barbara Malimali was appointed as the head of Fiji's Independent Commission Against Corruption (FICAC) in September 2024, effective for a three-year term. But shortly after her appointment, Malimali was questioned by investigators after being detained at the direction of her acting deputy commissioner, Francis Puleiwai. Last month, the Fiji Police began investigations into a Commission of Inquiry report on Malimali's appointment. Before taking on the new role, Malimali was the Chairperson of Fiji's Electoral Commission (ECF). FICAC was established in 2007 under the leadership of Frank Bainimarama, who has been Fiji's Prime Minister for 15 years. But many people believe that FICAC has not fulfilled its purpose. In a statement, Puleiwai says Malimali should not have been considered for the FICAC head position, as the organisation was investigating her for allegedly misusing her authority as chair of the Electoral Commission. Pulewai also sought an arrest warrant for Fiji's Deputy Prime Minister and Minister of Finance, Biman Prasad, claiming that he failed to fully disclose his assets prior to the 2023 election. Documents that were leaked online indicate that Puleiwai informed Fiji's Justice Minister about the investigation into Prasad's finances. The move sparked strong reactions, leading to the dismissal of Attorney-General Graham Leung, who suggested Puleiwai was targeting Malimali due to her unsuccessful application for the top position. From left, Deputy Prime Minister and Minister of Finance Dr Biman Prasad, former FICAC deputy commissioner Francis Puleiwai, and dismissed Attorney-General Graham Leung. Photo: Fiji government/FICAC Leung dismissed the allegations against Malimali, saying they resulted from a misunderstanding and expressed concern over a trend in which people are unfairly blamed based on rumours. "If Ms Pulewai has a problem with the appointment, then, like everyone else, she should take it to court." On 29 May 2025, Malimali was suspended by the President, Ratu Naiqama Lalabalavu, at the Prime Minister's advice while investigations were underway. But just a few days later, the President acknowledged that the suspension decision had been sent to Malimali by mistake. Following these events, Puleiwai resigned from her position as deputy commissioner. Malimali is challenging the President's decision in court, and on 22 July, a judge granted her leave to bring judicial review proceedings against her dismissal. PMN News understands that the Fiji government looks set to pay around NZ$1.5 million in damages to Malimali, offering the disgraced commissioner an out-of-court settlement after her lawyer lodged the judicial review of her sacking in the High Court in Suva. Recent reports have also stated that there were misunderstandings over remarks made by New Zealand's Prime Minister, Christopher Luxon, suggesting that he had offered legal support to Fiji. Fijian Prime Minister Sitiveni Rabuka maintains that the New Zealand government is willing to help if a formal request is made. He adds that they have not yet requested support but would communicate through the appropriate channels if needed. "If it comes to the point where we need to fight, New Zealand is ready to assist us. And we will take it up. "They are prepared. We have not requested it. If we make the request, then they will send it. I would communicate this either through my Solicitor-General or Attorney-General on our side." But a spokesperson for New Zealand's Ministry of Foreign Affairs and Trade (MFAT) told PMN News that the "Government has not made any offer to, nor received any request from, the Government of Fiji in this matter". Malimali is the first female commissioner to assume the role after Rashmi Aslam's resignation in September 2023. -This article was first published by [PMN].
RNZ News
15-07-2025
- Politics
- RNZ News
Fiji govt could pay NZ$1.5m settlement to former anti-corruption head for ruined career
Barbara Malimali Photo: X/Fiji Women Correction: This story was updated on 16 July 2025 to accurately reflect that the NZ$1.5 million settlement figure was proposed by Barbara Malimali. The Fijian government had not disclosed any settlement amount at the time of publication on Tuesday, 15 July 2025. The Fijian government could pay around NZ$1.5 million in damages to the disgraced former head of the country's anti-corruption agency. The state is offering Barbara Malimali an out-of-court settlement after her lawyer lodged a judicial review of her sacking in the High Court in Suva. According to local media reports, Malimali's lawyer Tanya Waqanika started negotiations on Tuesday with a $NZ1.5m figure. Prime Minister Sitiveni Rabuka suspended Malimali from her role on 29 May, following a damning Commission of Inquiry into her appointment. Malimali was described as "universally corrupt" by Justice David Ashton-Lewis, the commissioner of the nine-week investigation, which involved 35 witnesses. "She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out," Ashton-Lewis told Pacific Waves earlier this month. Waqanika told RNZ Pacific that her client is seeking a "substantial" payout for damages and unpaid dues. Waqanika met lawyers from the Attorney-General's Office in the capital, Suva, on Tuesday after earlier negotiations failed. She declined to say exactly what was discussed, but said she expected to hear back in writing from the other party the same day. A High Court judge has given the government up until 3pm on Friday to reach a settlement, otherwise he will rule on the application on Monday. "We'll see what they come up with, that's the beauty of negotiations, but NZ$1.5 million would be a good amount to play with after your career has been ruined," Waqanika said. "[Malimali's] career spans over 27 years, but it is now down the drain thanks to Ashton-Lewis and the damage the inquiry report has done." She said Malimali also wanted a public apology, as she was being defamed every day in the social media. "I don't expect we'll get one out of Ashton-Lewis," she said. During a hearing in the High Court on Monday, lawyers for the state sought an adjournment to discuss a settlement with Waqanika. However, she opposed this, saying that the government's legal team had vast resources and they should have been prepared for the hearing. Malimali filed a case against President Naiqama Lalabalavu, Rabuka and the Attorney-General on 13 June on the grounds that her suspension was unconstitutional. Waqanika said the President suspended her on the advice of the Prime Minister instead of consulting the Judicial Services Commission. Government lawyers approached Waqanika offering a compensation deal the same day she lodged a judicial review in the High Court.
Scoop
15-07-2025
- Politics
- Scoop
Pacific News In Brief For 15 July
Tuesday, 15 July 2025, 4:49 pm Article: RNZ Samoa - elections In a historic milestone for Samoa, two prominent members of the Samoa Fa'afafine Association (SFA) have announced they will be candidates in the upcoming general election. Afioga Falesaopule Seimaleula Vaialia Iosua will be contesting in the Gagaifomauga District, while Afioga Siligatusa Alosina Ropati is standing in the Vaimauga District. Both are respected matai and senior advisory councillors within the SFA. The Fa'afafine Association said that it welcomed their decision to enter politics with immense pride. It said that Samoa's laws have always acknowledged the equal rights of all citizens to participate in public life. The Samoa Observer reports that August's election is expected to see a number of fresh faces, but the candidacy of the two fa'afafine leaders is significant and symbolic. Samoa - elections Samoa's electoral commissioner says that the 20-day timetable approved by the Supreme Court gives his office the time it needs to carry out its responsibilities ahead of the 2025 general election. Speaking to the Samoa Observer following the court's confirmation of key dates, Tuiafelolo John Stanley said that the extended timeframe will mean they can do the job properly. The Office of the Electoral Commissioner had initially requested 15 days, but the court granted five additional days after considering submissions from all parties. Tuiafelolo said that it will give space to deal with objections and challenges in a fair and thorough way. All objections to the voter roll and nominations must be filed by Friday. Nauru - China Nauru President David Adeang says China is transforming his country. In June, a groundbreaking ceremony was held for a China-funded sports centre that will host events at the 2026 Micronesia Games. Adeang told China's state-run media'China Media Group that he was expecting the sporting landscape in Nauru to completely change as a result Nauru switched diplomatic ties from Taiwan to China in January last year. Fiji - desecration Fijian Prime Minister Sitiveni Rabuka has stressed that the desecration of the Samabula Shiv Temple in the capital Suva is not the actions of a responsible citizen. Rabuka has said sorry to the Hindu community for what he has called an unacceptable act. He told that such actions are disappointing and should never be accepted. A 28-year-old man has been charged with one count of alleged sacrilege and one count of throwing an object. Fiji - meeting More than 150 regional leaders, diplomats, security experts, and civil society representatives are in Suva Fiji for one of the Pacific's largest security gatherings - the Pacific Regional and National Security Conference. Prime Minister Sitiveni Rabuka, Niue's Prime Minister Dalton Tagelagi and Pacific Islands Forum secretary-general Baron Waqa opened the meeting Monday. The high-level meeting brings together senior government officials from Pacific Islands Forum member countries. The Fiji Times reported that regional stakeholders are expected to develop a Pacific-led roadmap towards the proposed "Ocean of Peace" - something Forum leaders will consider later this year. Papua New Guinea - sorcery A Catholic bishop in PNG has criticised authorities for failing to make sustained efforts to curb sorcery related violence. The issue is back in the spotlight following the murder of a woman who had been accused of using witchcraft to kill her husband earlier this month. The Bishop of Mendi Don Lippert said that existing laws are not being enforced. The PNG government had promised new laws to make failing to report such cases a crime. Papua New Guinea - fuel Prime Minister James Marape says the development of a fuel storage facility in Port Moresby is one of the key outcomes of a Defence Cooperation Agreement with the United States. Marape held talks with US government officials in Washington DC last Wednesday. With fuel shortages having been a thorny topic in PNG for a while now. The National newspaper reported that Marape saying the fuel storage facility is set to improve fuel security and ensure supply reliability during emergencies. Marape said that he is seeing real progress through the agreement. Cook Islands - race A group of 10 proud Cook Islands athletes have made history as the nation's first-ever representation at the Emo Aito Māori fruit-carrying race in the Heiva Tahiti Tu'aro Maohi Traditional Games in Tahiti. Leading the team are coaches Ioana George Piira and Mylan Lane Vakapora, alongside manager Tixier-Teau. Both Vakapora and Tixier-Teau, the only female competitors, will compete in the masters division. Local media reported Tixier-Teau saying that coach Piira's personal journey has been a source of inspiration. © Scoop Media
RNZ News
15-07-2025
- Politics
- RNZ News
Fiji govt offers NZ$1.5m settlement to former anti-corruption head for ruined career
Barbara Malimali Photo: X/Fiji Women The Fijian government looks set to pay around NZ$1.5 million in damages to the disgraced former head of the country's anti-corruption agency. The state is offering Barbara Malimali an out-of-court settlement after her lawyer lodged a judicial review of her sacking in the High Court in Suva. Prime Minister Sitiveni Rabuka suspended Malimali from her role on 29 May, following a damning Commission of Inquiry into her appointment. Malimali was described as "universally corrupt" by Justice David Ashton-Lewis, the commissioner of the nine-week investigation, which involved 35 witnesses. "She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out," Ashton-Lewis told Pacific Waves earlier this month. Tanya Waqanika, who acts for Malimali, told RNZ Pacific that her client is seeking a "substantial" payout for damages and unpaid dues. Waqanika met lawyers from the Attorney-General's Office in the capital, Suva, on Tuesday after earlier negotiations failed. She declined to say exactly what was discussed, but said she expected to hear back in writing from the other party the same day. A High Court judge has given the government up until 3pm on Friday to reach a settlement, otherwise he will rule on the application on Monday. "We'll see what they come up with, that's the beauty of negotiations, but NZ$1.5 million would be a good amount to play with after your career has been ruined," Waqanika said. "[Malimali's] career spans over 27 years, but it is now down the drain thanks to Ashton-Lewis and the damage the inquiry report has done." She said Malimali also wanted a public apology, as she was being defamed every day in the social media. "I don't expect we'll get one out of Ashton-Lewis," she said. During a hearing in the High Court on Monday, lawyers for the state sought an adjournment to discuss a settlement with Waqanika. However, she opposed this, saying that the government's legal team had vast resources and they should have been prepared for the hearing. Malimali filed a case against President Naiqama Lalabalavu, Rabuka and the Attorney-General on 13 June on the grounds that her suspension was unconstitutional. Waqanika said the President suspended her on the advice of the Prime Minister instead of consulting the Judicial Services Commission. Government lawyers approached Waqanika offering a compensation deal the same day she lodged a judicial review in the High Court.
RNZ News
08-07-2025
- Politics
- RNZ News
Fiji's ex-anti-corruption head to fight 'destroyed career' after damning inquiry
Ashton-Lewis, 75, was paid $AU2000 a day during the nine week hearing, which involved 35 witnesses . It took a total of six months to go through the material. Photo: RNZ Pacific / Fiji Government / FICAC The former head of Fiji's anti-corruption agency may move to have the damning Commission of Inquiry report into her appointment quashed. Barbara Malimali - described as "universally corrupt" by the commissioner of the inquiry - was suspended by Fijian Prime Minister Sitiveni Rabuka on 29 May. Her lawyer Tanya Waqanika told Pacific Waves that Justice David Ashton-Lewis' public remarks has destroyed Malimali's legal career. Rabuka released a redacted copy of the final report on the government's website last Monday, but leaked copies have been circulating for weeks. Justice Ashton-Lewis found that six members of government and four lawyers lied under oath, obstructed justice and perverted the course of justice. "I've done my job, the rest is up to up to Sitiveni Rabuka to act," he said. Justice Ashton-Lewis said the edited version cuts out almost an entire chapter of adverse findings against individuals, in a bid not to prevent or bias any subsequent police investigations. He claims it exposed what he called a systemic failure of integrity at the highest levels of Fiji's governance and justice systems. Ashton-Lewis said Malimali's appointment to the role last September was legally invalid, ethically reprehensible and procedurally corrupted. "She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out," he told RNZ Pacific. Waqanika said Ashton-Lewis' allegations in the report are merely his "narrative" and the real truth lies in the court transcripts. She claims his public comments destroyed Malimali's reputation. "He made a defamatory and derogatory comment in a podcast and called her universally corrupt," Waqanika said. "It's an issue of clearing her name, she has has built up her legal career over 20 years and that statement alone has pretty much destroyed her career." Ashton-Lewis said the evidence from cross-examination of Malimali and from the many who spoke against her showed she was "universally corrupt". The main findings of the inquiry include: Malimali has instructed Waqanika to write to the Judicial Services Commission (JSC) to complain about the Commissioner on the grounds of "misbehaviour". According to Ashton-Lewis, Malimali was a pawn in the hands of devious members of government. Photo: X/Fiji Women However, she was vague about the details, saying "misbehaviour" was a broad term but might include his "lack of credentials". Waqanika also claimed the inquiry went outside its terms of reference and believes other lawyers involved in the investigation will try to have the report thrown out on this basis. Ashton-Lewis, 75, was paid $AU2000 a day during the nine week hearing, which involved 35 witnesses . It took a total of six months to go through the material. He handed the the 681-page report to Rabuka and President Ratu Naiqama Lalabalavu on 6 May, and said the terms of reference were strictly followed. "The terms of reference were not only about Mallmali's appointment, they include the question of whether there was any undue interference in her appointment and I found there was," he said. "We did our job correctly. They (Malimali and Waqanika) can yell as loud as they want, but I think any moves to have the report quashed will be lengthy, costly and unsuccessful.". Ashton-Lewis said there were four attempts during the inquiry to shut it down, including a claim that it breached the constitution. "We were appointed under the Commission of Inquiries Act, not the Constitution, so that was erroneous." Ashton-Lewis said there were "discriminatory" attacks, suggesting that as foreigners they had no right to question Malimali. Waqanika complained to the Prime Minister and the President, Ratu Naiqama Lalabalavu, that Ashton-Lewis, an Australian, was "white". She also questioned the suitability of barrister Janet Mason, his assistant. Ms Mason is a Fijian citizen who is part iTaukei and lives in Wellington. "I wasn't expecting that kind of racism, I've never experienced that in all my years in the High Court," he said. Waqanika claimed there was a lack of accountability and transparency during the inquiry, with only one commissioner and a media ban in place. "Why wasn't it open to the public and the media? The optics for the coalition government are not good, especially with the general elections next year." Ashton-Lewis said he was hand-picked by the Prime Minister. "He (Rabuka) set this investigation up and it was his decision to have only one judge. He chose me because he wanted someone outside of Fiji who was not obligated to any tribal or cultural group." "He knew there were crocodiles in the pond and he wanted them found", he said. Meanwhile the anti-corruption agency is now investigating one of the deputy prime ministers, Manoa Kamikamica, for perjury. Investigators from the anti-corruption agency issued a search warrant on Thursday and Kamikamica's cellphone was seized. He told The Fiji Times that he assumed it was to do with the inquiry and would like to set the record straight . "There are some big gaps in that report, which is quite disappointing, they make allegations without any factual evidence," said Kamikamica, who is also the Minister for Trade. "There are issues with the report, it's a very one-sided interpretation of facts, if you want to call them facts. As the commissioner said, its all hearsay on hearsay, are we now starting to accuse people based on rumour and innuendo?" However, Ashton-Lewis said did not admit "hearsay on hearsay". "I did not, I only ever made my findings on the basis of clear, direct oral evidence from witnesses," he said. During the inquiry a former cabinet minister, Kalaveti Ravu, described Kamikamica as a "wannabe Prime Minister." When RNZ Pacific questioned the deputy prime minister recently about Ravu's comment, he replied "stop bothering me". Ravu was accused by the agency of interfering in a ministerial investigation into the suspected illegal trade of a banned species of beche-de mer (sea cucumbers). However he was acquitted in the Suva Magistrates Court in February. Fiji's opposition leader Inia Seruiratu last week demanded Ratu Naiqama suspend the Chief Justice Salesi Temo. Seruiratu told FijiLive a tribunal should be set up to investigate Justice Temo's conduct. "The Attorney-General (Graham Leung) has already been removed, a necessary first step, but not the final one. One cannot pull the matchstick and leave the fuel untouched," he said. "Three of the country's highest legal officers remain in place, their credibility compromised, their accountability unresolved. This is not a call for vengeance, its a call for justice." Prime Minister Sitiveni Rabuka sacked Leung on 30 May after a version of the report was leaked to the public. Sitiveni Rabuka said in a government statement that inquiry's findings had made it "evident" that Leung's position in his Cabinet was now "untenable." Leung last week slammed the report. He told local media that the report's findings were "the trumph of media prattle and lazy legal guesswork". "There's an allegation that I conspired with others to appoint Malimali's appointment. I reject that categorically," Leung said. But Ashton-Lewis replied: "I never said he conspired with anyone, Graham Leung simply failed to carry out his job as Attorney General during the appointment." "Both Leung and Temo knew Malimali was being investigated for abuse of office, but they failed to stop her appointment. He said they should have investigated further, but did not. Charlie Charters, whose mother-in-law was the son of the late former opposition MP (SOLDEPA) Adi Mere Samisoni, said in a blog there was "no need to import a fancy white man" to head the hearing. "We look like real kaicolo (highland) jungle bunnies, waiting to be told the good and the bad among us, by someone who is happy to laugh in private at our primitive bow-and-arrow ways," he wrote. "It's hard not to reflect on how this whole fiasco has diminished Fiji," he wrote. Ashton-Lewis laughed, saying he was known for his stylish three-piece suits.
