The Commission of Inquiry into the appointment of Barbara Malimali as Commissioner of FICAC has set out a summary of possible offences against 11 individuals according to leaked purported sections of the report now being circulated.
Among the range of possible offences listed against the 11 as per Chapter 7 are; various counts of Abuse of Office (including existing investigation), Forgery, Witness Tampering, False Representation, Perverting the course of Justice, Obstruction of Justice, Conspiracy and Obstruction, Conspiracy to obstruct and Perjury.
A number of the 11 approached by Mai TV have said they will reserve comment until they officially receive a copy with Barbara Malimali’s lawyer Tanya Waqanika telling Mai TV “we have not received a copy of the COI report despite repeated requests.” Another, speaking off the record simply described the findings as “Nonsense” while another described it as the “grift of the century” with “selective use of evidence presented before them.”
However Police have confirmed that they have completed their analysis of the report and have submitted their findings to the PM’s Office. It is yet to be seen what the PM, who is currently in Australia, will advise.
Police Commissioner Rusiate Tudravu told the media yesterday that the COI report will not be used in their investigation as per the Commission of Inquiry Act as their investigators will follow their own process.
PM Sitiveni Rabuka had held back in releasing the report so as not to jeopardise investigations but sections of the report are now circulating freely and being accessed by the public.
The report notes that “the Col is not a Criminal Court, and cannot make any
pronouncements on the criminal guilt or otherwise of any person whose
conduct has been scrutinised by the CoI.”
“What this means is that the Police will need to undertake their own independent
investigations in relation to any of the possible offences arising out of the
events which the Col inquired into. The prosecuting body will not be able to
admit the evidence taken at the Col hearing, with the exception of evidence
related to any perjury charges.”
