Janet Mason, the senior counsel in the FICAC Commission of Inquiry (CoI) looking into Barbara Malimali’s appointment, has dismissed suggestions that the inquiry’s outcome has been pre-determined given their statements and letters calling for Malimali’s suspension.
Mason’s comments follow scrutiny over her prior statements and communications regarding Malimali, given her role in the CoI.
Mason confirmed that she had written twice to the Judicial Services Commission (JSC) about Malimali—first before the hearings began and again last week—citing the need to protect the integrity of the inquiry and its witnesses. Her second letter came after Malimali dismissed FICAC Officer Kuliniasi Saumi, who had testified before the CoI about his secret recording of a meeting on September 5, 2024. The meeting, which involved senior legal figures, led to Malimali’s release from FICAC custody.
Mason has also made public statements to the media reinforcing her call for Malimali’s suspension.
However, she rejected claims that this indicated bias.
“I can tell you that we have not pre-determined the outcome,” Mason told Mai TV. “The report will be by the commissioner. I am the counsel assisting. We were worried about the integrity of the commission, and you would know that dismissing a witness is a criminal offence, and that was what we were worried about. So, it is in no way a pre-determination of the outcome. We have to hear all the evidence and then write the report, and we will know then at the very end of the report what the outcome is.”
The CoI hearings, which began on January 6, are set to continue tomorrow with Malimali fronting the COI. It will conclude next week, with the final report, initially due at the end of January, is now expected to be submitted to Prime Minister Sitiveni Rabuka and President Ratu Naiqama Lalabalavu by the first week of March.
Mason is the Senior Counsel assisting the CoI headed by Justice David Ashton-Lewis.
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