On the evening of August 31, 2016, and in the early hours of September 1, 2016, Barbara Malimali – the newly appointed FICAC Commissioner – was at the centre of an extraordinary scandal involving a High Court judge in Tuvalu in which she was drunk, went swimming in the ocean and behaved in a manner that compromised the judge hearing a case against her client, the former Prime Minister of Tuvalu, Apisai Ielemia.
The entire sordid saga is outlined by the Tuvalu Court of Appeal in the judgment below that details Barbara Malimali’s conduct in extraordinary detail. Court judgments in Tuvalu have yet to be placed online, as they are in Fiji. So this startling document has only just surfaced and demolishes Malimali’s reputation as a lawyer. It establishes her as being unfit to practice in any jurisdiction, let alone head the corruption watchdog in Fiji. And unless the Judicial Services Commission that recommended her appointment to the President to be FICAC Commissioner is now totally corrupt itself, Malimali’s position is untenable and she must go.
We know that the investigation into Barbara Malimali’s alleged abuse of office as Chair of the Electoral Commission under the former deputy commissioner, Francis Puleiwai, has been referred by Malimali herself to the Office of the Director of Public Prosecutions. Astonishingly, the file ended up in the hands of one of her friends, the equally scandal-prone Deputy DPP, John Rabuku.
Rabuku has since passed the file on to the CID – the police – requesting further investigation. But never mind what the police find in relation to Malimali’s conduct as Chair of the Electoral Commission in Fiji. This 2017 judgment in Tuvalu – which has been buried in the archives until now – is the “smoking gun” that will sink Barbara Malimali’s career and reputation once and for all.
It establishes her as a drunk who has committed gross misconduct as a lawyer and is unfit to be a run-of-the-mill, common-and-garden variety bush solicitor, let alone preside over one of Fiji’s institutions of state. And remember. These aren’t allegations but the findings of three appeal court judges in Tuvalu who quashed high court judgments specifically because of Barbara Malimali’s scandalous conduct with the judge in question. She compromised the judge’s reputation and she compromised the case, which cost considerable time and money because the whole thing had to be reheard.
Press on, Fiji, for the most astonishing weekend read. The former Tuvalu Prime Minister was represented by two Fijian lawyers, Filimoni Vosarogo – now a minister in the government of his uncle, Sitiveni Rabuka – and Barbara Malimali. But the use of the term “her” in the judges’ findings about the conduct of the “counsel for the respondent” establishes definitively that the reference is to Barbara Malimali. And it is a shocking indictment of the FICAC Commissioner’s behaviour – drunken, wanton and with no respect for normal professional boundaries, let alone her duty to uphold the law.
It is long and it requires patience to get through it. But here’s just a flavour of what is to come.
Now the Tuvalu Appeal Court judgment in detail. Was the head of the Fiji Judicial Services Commission and Acting Chief Justice, Salesi Temo, aware of this astonishing material when he decided that Barbara Malimali was the “best person” for the job of FICAC Commissioner? If he wasn’t, he should have been.
Because there is no need for a formal inquiry into whether Malimali should have been appointed – as the Prime Minister, Sitiveni Rabuka, has flagged. This is enough to nail her. And if it isn’t enough, then the system that the PM has already described as” rotten” is even more rotten than he – and we – all fear.
The law specifically states that appointments to judicial offices is governed by the principle that they “should be of the highest competence and integrity”. And Barbara Malimali fails the test.
Resign, Barbara, or be sacked. Because your past has caught up with you.
UPDATE (SATURDAY AM)
The former FICAC Deputy Commissioner, Francis Puleiwai – who fled to Australia after her abortive attempt to prevent Barbara Malimali from taking up her position as Commissioner because he was under active investigation by the corruption watchdog – has spoken out for the first time.
In an interview with the ABC, Puleiwai said she had fled in fear for her safety after her car’s tyre had been slashed. And in the following front page story in today’s Fiji Sun, she questions the integrity of Barbara Malimali’s appointment and the failure to charge Biman Prasad and maintains that she has been victimised.
A story that isn’t going to go away, though no thanks to the Fiji Times, which doesn’t mention any of it.
Don’t celebrate yet. This may well have the ” Forget and Move on” policy applied !! This is Fiji. And she keeps her job.
Or does she?
Water under the bridge, so said the rewa silver fox once.
Except here, plenty happened under water. Let us pray…lol
Spot on Graham. Where will Barbara Malimali hide now? She is being caught by her own antics.
Definitely not fit to practice law and hold a high and important position of FICAC Commissuoner.
The longer Temo, AG and PM drag their feets on this one, the more it will point to the fact that they all worked together to put their person to stop investigation of the Coalition government’s ministers.
Barbara may not resign herself, but the PM should direct action on this case and get her sacked.
It will be interesting to hear more revelation from Francis Puleiwai when she is interviewed by ABC Australia this afternoon.
Thanks for the heads up, Daniel. We’re in a lion’s den, that for sure. 🙂
Be interested to hear you interview her if that was possible,GD…
Lice Movono clearly has the inside running. Let’s hope ABC do justice to her story. Coming on the same day as the Malimali revelations from Tuvalu, Francis is looking better and better by the day. Good for her.
This is absolute bonkers, I tell ya!
Well!! What a s***show as one would describe it. Is the Tabuya tart supplying the PM and Temo, and Leung some sort of Jack Daniel’s on steroids? I’m not convinced Barbie will get the push as she maybe sharing a bed with who knows who…
Wow 😮 well Fiji, it’s an easy choice come the 2026 elections. ABC might just dig deep enough, we hope, and ask the questions that the sucker media mob in Fiji have refused to ask. Sad day for Fiji. Corrupt and rotten at the top with no morals whatsoever.
One thing is for sure about this Government. They have been consistent in disappointing the public. Credit should be given where it is due. Some of these things cannot be made up. New twists every single day.
Keen to see if the Fiji Sun and the Fiji Times pick up on this one and publish something as well.
The Coalition Leader and its cabal of ministers have lost their way.
PM forgets what he says each time he confronts the media and has hardly any control over his ministers and what they do and say.
His ministers (9 under FICAC investigation) are busy trying to fend how they can get away from the clutches of FICAC and the Police. That’s where they got Malimali, but she is caught with the Lynda act. Lynda survived the sacking, but let see if Malimali can.
Graham, the circus is getting interesting – whether there will be any lines left.
The judiciary and independent organisation heads do not know how to remain independent and relevant.
The president is happy, globetrotting, and standing in for the government. Perhaps I’m not sure if he will get another term, so make hay while the sun shines.
The Army Commander is busy doing reconcilliation among its current and former officers.
So there is no one to look after the challenges of high cost of living faced by our ordinary citizens.
What’s next???
TRUTH will prevail ALWAYS.
“EVERY DOG HAS IT’S DAY.”
Like I have previously said in this blog, no one gets to high position in Fiji unless they are compromised.
A compromised person is compromisable.
So this person meets the high standard required of a person to gain employment in Civil and Public Office in the Republic of Fiji. One banana, 2 banana, 4.
Compromisable : 1. Capable of being compromised or compromised upon.
This means, that to advance in the Fiji Civil Service and as a Public Servant in Fiji ( Authorities ) you must be dishonest, another word that fits is corrupt.
There are big signs up that ask us to report corruption – this is for little people, not the high cast corruptible elite.
If one is honest and joins the Civil Service one will find out that there is a wooden ceiling, only worms can get through. Up there its “rotten”, like the PM admits, so we wait and wait for him to make law for Section 121 of the Constitution so we the people can help him get rid of the rot.
Loyal, compromised, rotten people, will do the bidding of leaders who are dishonest corrupt and exploiters of the peoples lives now, and our children’s future.
Honest people in the service of government do their jobs and are exploited by bosses until they give up and leave. These people are the one that keep the system going in so far as one can say its “going”. Honest in , honest out. Now that “out” means a ticket out of the country. We are are stuffed.
Try and get a passport, try and transfer a title, deal with lands department.
Pouring hot coals on your head will be a more satisfying experience.
The bitc$es of Fiji’s lawlessness.
Absolute tragedy.
Shameless pigs.
This is part of the program by the PM to set high standards. We all know how high the standards have been with him in the past 37 years and that is exactly what the people of Fiji want – the highest standards – Fiji style. The highest standards in a proud Third World nation.
The “churen” of Fiji are truly blessed.
The ‘Bonk’ drama continues and it involves legal counsels…what a shame on the Legal fraternity!
Interesting days ahead people and it is compelling to see what action and decision the PM will come up with!
Everything falls on leadership and this is a reflection of the ‘type’ of people he directly / indirectly chooses to hold office!
The pm will say to mali2: you never take me swimming like the tuvalu tavale, we have to go swim now eh.
Pity the lawyers who have hitched their fame, fortunes and reputations to this collision government. None of this should be a surprise to anyone. We have women of a certain age in positions of powers that see more comings and going’s than the automatic doors at the Holiday Inn.
The legal fraternity are hell bent on becoming “self governing” again i.e. doing away with the Independent Legal Services Commission and reinstating the previous powers of the Fiji Law Society, with the argument that self governance is the norm in other jurisdictions. Instances like these, including Malimali being represented by the President of the FLS (so of course not a peep from them regarding the irregularity of the appointment and subsequent pause on charging the DPM) and then her FICAC case referral to her close friend Rabuku at DPP, plus Malimali’s supposed inclusion of the AG as referee for the Commissioner position, and his extraordinary defence of her (also known to be a friend) appointment despite the ongoing investigation in a press conference that reeked of bias, are key examples of why, in such a small country, the legal fraternity cannot be left to regulate themselves. Everyone knows everyone. Pre ILSC lawyers were even more notorious for ripping off clients, particularly helping themselves to trust funds, and getting away with it. Back to the bad old days we will go.
Malimali obviously has all the ‘right’ qualification and experience for the job.
Knowing all the other appointments for the job, she is ideal candidate.
Just like George Speight will be the ideal person for the Chairman of the GCC and the Chairman of the iTaukei Trust Board. He needs to be handsomely rewarded after what he has been through.
They were consenting adults for heavens sake. Even if she screwed the Judge there is no hard evidence that it swayed the Judges ultimate ruling….he was offered a ‘freebie’ and he took it. Chill folks.
Are you genuinely stupid or just pretending to be? Read the bloody judgment. It resulted in the entire trial being derailed. But of course you never made it to the end of the document so you wouldn’t know.
At least my generation was brought up on Phantom comics. But it appears you can’t get beyond a three-line Facebook posting. Chill? You’ve got permanent brain freeze. Crikey.
GD, ignorance runs high in our country, and evidently so does hatred of others.
Wacol is ignorant as a slug and fails to realize you don’t go snorkeling for dairo with a judge that’ll decide the case you’re litigating in.
Prejudice clouds the judgement of people like Wacol. The whole of Fiji is clouded by prejudice. And then they all go to church. It is sad, this normality.
Dumbest comment this week
Isa my fellow childless cat lady hasn’t changed her ways at all!
A drunkard who has been well known to her friends for engaging in notorious sex activities during her early years in practice.
Seems she hasn’t grown out of it.
Graham, watch Puleiwai’s interview when you get a chance. She revealed that Wylie, Laurel, Amani Bale, and the Chief Registrar (controls registries and is Secretary to JSC), walked into her office the day Barbara was arrested. Chief Registrar told Puleiwai that Temo had said no Registry would accept charges filed against Barbara.
Sorry, where is the interview to which you refer? I went looking on ABC and couldn’t find one. Is there another?
https://www.facebook.com/share/r/tkWRd4KgeGCCGZbQ/?mibextid=UalRPS
Unfortunately, I have been banned from Facebook and cannot access this. Please copy and paste.
The link has been removed from FB..strange.
Have not been able to find any recordings of the ABC interview. It was reported to have been done with Stephen Dziedzic on Friday afternoon. See Monish Nand’s X post.
Yes, I saw it but there is no link to a recording of it on the ABC News/Pacific website.
Bro, those videos appeared under ABC shared file, appeared on numerous fb forums now deleted. I stuffed up, I should have downloaded it and reposted it
What I’d like to question is the role of the PM’s nephew, Filimoni Vosarogo. He was Ms Malimali’s co counsel in Tuvalu and must of been aware of the incident, and maybe participated in the drinking party at the Vakuilagi Hotel that moved later into the Judge’s room yet he agreed to be one of Malimali’s referees for the FICAC post.
He has just shown his poor judgement and his unsuitability to be a Cabinet Minister responsible for the important Lands Ministry. He should resign , he has no credibility left.
He compromised himself. The AG too in light of Ms Pulewai’s revelation in the ABC interview should also resign if he has any consideration for the PM or for the government.
As for Mr Biman Prasad (I refuse to call him Professor) he should man up and voluntary step aside to allow FICAC to investigate allegations against him. He must set an example for the nation.
There is no reference to Filimoni Vosarogo in the appeal court’s judgment. But I agree that if he knew about what had happened in Tuvalu, why would he act as one of Malimali’s referees?
As I have said before, all standards have flown out the window and the system is rotten to the core. And the prime responsibility rests with Salesi Temo and the two AG’s who have presided over this car crash – Siromi Turaga and now Graham Leung. And of course they are aided and abetted by a whole lot of people who should be speaking out in the pubic interest but aren’t.
Credibility is not a job requirement to be a government public minister
Misappropriation of (stealing, in common language) $2m from trust fund accounts is as ‘credible’ as required.
Additional qualifications: kilavata (nephew of senile snake) and adoration based on race, and covering up for other ‘credible’ colleagues completes the job requirements.
True to form the Fiji Times has made no comments or reference to the revelations Francis made in her recent interview. Kudos to the Fiji Sun for continuing to dig at the bone and unearth stuff that the dozy public needs to wake up to. This is a slow boil with pressure building up every day. Mali2 has no right at all to be the head of an institution that is tasked with bringing to account individuals, like herself, who have been involved in fraudulent activities. The slashing of the tyres of the Puleiwai vehicle is a revealing metaphor of what this coalition government has done to the legal framework and system in Fiji. Sad to say, but, the worst is yet to come for our beloved nation. The military has to quit acting like marshmallows and get this mess sorted pronto. Enough of the hugs and kisses and crocodile tears. Stand up for the constitutional rights of the country and do the right and honourable thing Mr Jone K!!!
Malimali is not fit to hold any position in any public institution. She is seriously compromised and her current appointment as head of FICAC organisation brings into disrepute the intergrity of FICAC. It beggars belief that Filimoni, Graham and Temo would despite knowing about her conduct in Tuvalu still endorse her appointment. It is a serious lapse of judgement and good sense on their part and shows that they have absolutely zero concern for protecting and safequarding the intergrity of our judicial and govenance institutions. In any other jurisdiction, Malimali and the Judge in question’s conduct would constitute serious misconduct and would be referred to the appropriate bodies for investigation and disciplinary action!. Whether that took place is yet to be determined. As a practising solicitor in NZ, to me it beggars belief that despite being aware of her inappropriate scandalous conduct with a sitting Judge, they would still endorse her!. This would be so unheard of in NZ. What other dirty secrets are yet to come to light!. Wow, just wow!!
I am not surprised at all. FFP and coalition govt operate on the same principle of greasing.
The coalition is one step up and brutal. Pussy trading is a modus operandi in the coalition. Linda, barbie, Rambos former PS Mr OR and Mr PW who just resigned this week. Education Minister, Employment Minister and not forgetting the wana be sushi eater and so on while the police are busy peddling drugs and the youths of the country are in hard drugs and glue sniffing with rising cost of living and alarming rise in HIV. This is what Fiji has become.
Another mess created by the A/CJ and his inept Legal Services Commission. Do they ever conduct due diligence? Or is this another appointment based on nepotism and patronage?
The coalition who promised so much have delivered so little and if anything, have driven standards of conduct and proprietary backwards.
So far, they appointed an AG who was proven to be hopeless, an Acting DPP who the courts ruled was not qualified, two Minsters who engaged in obscene behaviour whilst on an overseas delegation and allowed the former suspended DPP to be stripped of his ability to defend himself by ceasing to pay him, a breach of the rules of natural justice. Whilst at the same time continuing to delay the suspended DPP’s hearing, which at this rate it is going it will be TWO YEARS after the alleged offence.
Which suggests that there is a cabal of the legal fraternity, with links to the current government, being appointed to positions they are either not qualified for or not sufficiently able to do.
Given this Governments record I will be unsurprised if this latest mess is ignored. Another of the ‘protected’ appointees.
OMG this itaukei government’s s3x drive is more than their drive to do better things for the people.
Oh dear. BM should have peed in the Blue Pacific so there wasn’t any need for the well-mannered (wink, wink) judge to take her to his room. I wondered whether the 7-whatever o’clock alarm went off. Prosecution should have asked..just saying, lol yet again..welcome to the new stinking Fiji, folks!
What else it still out there!
As the Hindi idiom goes ‘andher nagri chaupat rajah’ Fiji has become a country in darkness which is being run by an incompetent leader and those like him.
According to the FS article Pulewai said the AG called her on September 3rd to ask if there was an investigation. If this is true then he lied in the press conference (the one where he took great pains to insinuate that the Malimali investigation/arrest was motivated by Pulewai being a rival candidate for the Commissioner job) later that week when he denied talking to Pulewai when asked by a reporter.
Oh dear! Oh dear! I just can’t keep up with these endless scandals in blunderland… will hve to snatch a few precious mins to update myself on this most recent rubbish involving BM, though shocking but not at all surprising. Just yesterday it was the PS @ pms office that molested some poor soul. Wish they’d all just disappear down some lairo hole and stay there until they learn how to stay in their lanes. Oh vanity of vanities, such quests for power & control at any cost will always be their undoing… bites their exposed b_m where least expected. A timeless truth. Sigh.
Excerpt from FBC news page by Rabuka;
Rabuka has reassured Fijians that the same legal protections ensuring the safety of all also apply to individuals involved in sensitive FICAC investigations, supported by law enforcement officers.
Addressing concerns about Ministers contacting Puleiwai regarding complaints lodged against them, Rabuka states that the inquiry should resolve these issues.
He adds that this reinforces the government’s commitment to a transparent investigation process.
There are some serious flaws in his statements:
1. There are no protections against individuals who lodge complaints. Why were the tyres on Puleiwai”s vehicle slashed? That’s as good as a physical threat of harm.
2. What is Biman still doing in government when there was sufficient evidence for his arrest and subsequent charges? Why hasn’t Rabuka stood him down pending outcome of court’s decision? Oh ok, I forgot that would mean Barbie Mali2 would have to be stood down as well.
3. What commitment to transparency is Rabuka dribbling on about? What are Radrodro and Lynda still holding onto their positions for?
This is the new lows that Rabuka has allowed Fiji to sink to. FFP were bad, but this mob is absolutely void of any credibility, integrity, and transparency. They need to go as soon as marshmallow Kalouniwai gets his act together and gets a backbone!!!
It’s incredulous that Rabuka is allowed to continue spitting dishonest nonsense without being asked the hard questions with regards to how he is allowing the ship to continue to perilous journey towards the reef.
Thanks once again GD, keep up the good work and I for one look forward to your interview/talanoa with Francis over in Aussie. Let’s do this GD.
Grubsheet
Am I losing it, or what, looks like all those videos on Francis Puleiwai interview with ABC done yesterday has all vanished from facebook
Meta removed it completely.
Sorry, I can’t help because I can’t get Facebook anyway thanks to the complaint to Meta by that other paragon of sexual and substance virtue, the Minister for Bonking and Weed.
Such lovely “girls” in Viti Vou, eh?
I reckon, Fiji Government has lodged a request to Meta Australia and ABC to remove the video. I should have downloaded it, and reposted it as a stand alone video. But, not sure if that would be removed also, but good to remember next time.
https://www.facebook.com/groups/fijidemocraticforum/permalink/2868822839941055/?
I repeat. I can’t access Facebook. But go for it…
It actually seems like an unedited version. At one point the interviewer says something like “I’m sorry I got that question wrong, I’ll start that one again” and then restarted and reworded his question. Alot of the interview is quite rambling. Was it an unauthorised leak from within ABC?
How long will ABC and Meta remove things from online! The truth is out already.
Shame on Leung and co for allowing all this to happen. Shame on the President and Prima Minster for having Malimali.
Biman must be charged and stood down asap.
Perhaps another example of the ABC being select.
I wonder whether another opportunity for a program like Channel 7 Spotlight or Channel 9’s 60 Minutes to highlight double standards by the ABC. Particularly as they did broadcast the interview.
And no I did not see it and it does not show on their website.
On TikTok
https://vt.tiktok.com/ZS2gbqBmx/
This video link one is on a public FB group, it might work for you Graham, click link (or copy and paste into a browser) and opens in a browser, close the FB pop up asking to join or sign in.
https://www.facebook.com/share/v/dqwPRen9sY71D6Sm/
The link works as I have been watching it