Fiji’s Judicial Services Commission (JSC) appears to have upheld its stance on calls to suspend FICAC Commissioner Barbara Malimali while pledging due process in reviewing Director of Public Prosecutions Christopher Pryde’s response to new allegations against him.
In a statement issued today, the JSC acknowledged receipt of a letter from the Commission of Inquiry (CoI), which has been examining the legality of Malimali’s appointment. However, it did not indicate any further action on the matter, including the CoI’s call for Malimali’s temporary suspension. Instead, it stated having “responsibly responded” to the CoI’s letter.
The CoI had written twice to the JSC reiterating its calls to suspend Malimali, citing the need to protect witnesses and the integrity of the commission. In their letter, the CoI also referenced Section 44 of the Interpretation Act, arguing that, in the absence of an explicit provision, the appointing authority should also have the power to remove an official.
While the JSC did not disclose the details of its response, Janet Mason, the senior counsel assisting the inquiry, stated that the JSC had denied having the authority to suspend Malimali.
The JSC upheld this stance in its statement today.
“On the matter of the FICAC Commissioner, the JSC has responsibly responded to the letter from the Commission of Inquiry (CoI),” the JSC’s statement read.
The JSC also confirmed receiving Pryde’s letter, dated 31 January 2025 and stated that it would formally respond in due course.
In his letter, Pryde urged the JSC to dismiss allegations filed against him by Nancy Tikoisuva. Pryde, who was reinstated to his position after a tribunal cleared him of previous charges, contended that the latest allegations were “misconceived, baseless, and trivial.”
Despite his reinstatement, Pryde expressed reluctance to return to Fiji, citing concerns that the JSC might suspend him again. He argued that the complaint stemmed from information that had been in the JSC’s possession for nearly two years and suggested it was brought forward with “malicious intent” to discredit him and his office.
“The JSC will be responding to that letter and the contents therein,” the statement added, though it did not specify when the response would be issued.
Regarding the allegations against Pryde, the JSC reaffirmed: “The process of natural justice must always be afforded to persons against whom allegations have been raised.”
The commission also stated that it “will reconvene to deliberate further and follow processes set out in the Constitution of the Republic of Fiji.”
For now, the ODPP continues to function under Assistant DPP Pauline Madanavosa, whom Pryde has entrusted with overseeing day-to-day operations in his absence.
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