FICAC Officer Kuliniasi Saumi was summarily dismissed due to an alleged “unlawful” recording of conversations between lawyers visiting the FICAC Office, documents sighted by Mai TV have shown.
The dismissal of Saumi led to the Commission of Inquiry (CoI) renewing its call for the suspension of FICAC Commissioner Barbara Malimali, arguing that it is necessary to prevent interference in judicial proceedings and protect witnesses.
According to sources and documents sighted by Mai TV, Malimali had been arrested by Saumi on 5th September 2024, and he had recorded a meeting on the same day attended by the Chief Registrar Tomasi Bainivalu, Fiji Law Society President Wylie Clark, Laurel Vaurasi, Amani Bale and Nemani Tuifagalele.
At that meeting, the attendees secured the release of Malimali from arrest.
Tuifagalele discovered the existence of the recording of that meeting when he saw the affidavit submitted by Saumi, and filed a complaint with Malimali that the recording was done without his consent.
Malimali said Saumi recorded the conversation out his own volition without any prior approval.
Saumi had countered that the presence of Tuifagalele at the Commission “seemed” unlawful.
Malimali however said recording visitors to the Commission without their knowledge or consent is not only unlawful but also exposed the Commission to a potential claim for compensation for breach of fundamental human rights.
Malimali said Saumi’s behaviour amounted to gross misconduct and dismissed him.
In response, Senior Counsel assisting the CoI, Janet Mason wrote to the Judicial Services Commission recommending Malimali’s suspension.
Mason wrote that Malimali continuing in the position could allow her to interfere or undermine the work of the CoI.
Mason has also reported the matter to the Criminal Investigations Department (CID) for investigation.
“We did those two things because we thought, as CoI, like any judicial proceeding, it should not be interfered with,” Mason told the media last week. “It’s really important for justice in this country that witnesses are free to give evidence and won’t be penalised later.”
The JSC has however rejected the request, stating that it does not have the authority to suspend or dismiss Malimali, as neither the 2013 Constitution nor the FICAC Act 2007 provides for such action. This is the second time the JSC has declined the CoI’s request, following a similar appeal in December 2024.
In its latest letter to the JSC, the CoI said Saumi’s testimony was critical to the inquiry. His affidavit included a transcript of an audio recording from a meeting on September 5, 2024, where senior officials intervened to secure Malimali’s release following her arrest by FICAC.
The CoI argued that Malimali acted on a complaint regarding the recording, despite having a personal interest in the matter, raising concerns about impartiality. It also noted that the transcript had already been admitted as evidence under the Commissions of Inquiry Act 1946.
Following the JSC’s second refusal, Mason maintained that the commission has the authority to suspend Malimali, citing Section 44 of the Interpretation Act, which states that the power to appoint includes the power to suspend or dismiss unless explicitly restricted.
“Now, they are an independent entity, and they are entitled to their own opinion. We respect that. But the opinion of the CoI is that they have the powers to do so,” Mason said.
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