Prime Minister, Sitiveni Rabuka has clarified to fijivillage News that the government has not offered dismissed FICAC Deputy Commissioner, Francis Puleiwai any options as yet.
However Rabuka confirms to us that after reading the Commission of Inquiry Report and its recommendations, he has asked Puleiwai to be ready to exercise her choice if and when Government decides to give her the options recommended.
There is a suggestion that Puleiwai may be offered to return as Deputy Commissioner of FICAC or could claim compensation for her dismissed.
Puleiwai has indicated she is ready to return to the FICAC position.
Stay with us for developments.
Puleiwai tendered in her resignation in September last year after a meeting with the Judicial Services Commission that appointed Barbara Malimali as FICAC Commissioner.
Things started heating up after Malimali was taken in for questioning on her first day in office on the orders of Puleiwai in September last year.
Puleiwai confirmed that she also wrote a letter to the President Ratu Wiliame Katonivere, Chief Justice Salesi Temo, Prime Minister Sitiveni Rabuka, Attorney General Graham Leung and Minister for Justice Siromi Turaga indicating that they will be charging Deputy Prime Minister, Professor Biman Prasad.
At the same time, Malimali was questioned and released in relation to an earlier complaint of alleged abuse of office.
We had also asked Puleiwai on what is the nature of the allegation against Malimali.
fijivillage News has also asked her whether FICAC has analysed the complaints against Malimali and the Ministers, and determined whether they are genuine or frivolous in nature.
She did not comment at the time.
While responding to the letter written by Puleiwai and comments made that she has been told to hold off on charges, Deputy Prime Minister and Minister for Finance, Professor Biman Prasad said in September last year that this matter is in the hands of his lawyers.
Professor Prasad said at the time that they have already communicated with FICAC and strongly rejected any basis for charges.
In April this year, FICAC decided that it will not be prosecuting Professor Prasad in relation to a complaint regarding his declarations to the Registrar of Political Parties.
The initial complaint was lodged with the Supervisor of Elections by one Alexander Forwood of Sydney, Australia. FICAC confirms the complaint alleges that Professor Prasad, submitted false information in his declaration of income, assets and liabilities for the years 2014–2020, 2022 and 2023 to the Fijian Elections Office in his capacity as Party Leader of the National Federation Party.
FICAC says it initiated a comprehensive investigation that included an in-person interview with Professor Prasad and a detailed review of documentary evidence and legal submissions provided by his counsel.
It says although the Political Parties Act does not explicitly list “party leader” among those required to declare, the Commission concluded that Professor Prasad’s role qualifies him as an “office holder” under section 24 and therefore subject to its declaration obligations.
However FICAC says the complaint that Professor Prasad should have disclosed his superannuation is debatable.
It says since 2014, Professor Prasad has provided his declaration to the Fijian Elections Office without including superannuation information, and there is no evidence before FICAC that the Supervisor of Elections or the Electoral Commission ever advised Professor Prasad that his declarations were insufficient or requested that superannuation information be included in the declaration form.
FICAC says as there were no grievances raised in almost a decade, any ordinary person in Professor Prasad’s position might think that the declarations provided were sufficient.
FICAC says furthermore, the forms required Professor Prasad or any other office holder to declare their assets and did not specifically require information pertaining to superannuation.
The Commission says allegations regarding Professor Prasad’s spouse’s ties to FEMLink Pacific and the Global Girmit Institute, as well as his professional association with Doctor Ganesh Chand, were similarly reviewed and dismissed, as none involved reportable business transactions.
FICAC says under section 24 (1A) and (1B) of the Political Parties Act 2013, an office holder must disclose business interests and transactions but does not require the disclosure of personal connections.
FICAC says in relation to Lotus Construction and Lotus Tours and Travel; the form requires that declarants are to declare any dividends received and directorships.
The Commission confirms Professor Prasad declared his shares in two companies, the value of one company and the loan obtained from the bank.
Professor Prasad also declared that he did not receive any dividends.
FICAC says whilst Professor Prasad declared his shares, no income in the form of dividends were received from the companies
