[File Photo]
The Fiji Independent Commission Against Corruption has never been truly independent, with its commissioners often appointed in ways that lean towards the political leadership.
This was part of Suva lawyer Barbara Malimali’s submission to the Constitutional Review Commission.
Malimali claims the institution has moved away from its original purpose of prosecuting corrupt government officials and their private sector counterparts.
She says FICAC has instead focused largely on prosecuting electoral offences and politicians.
She recommends that FICAC’s prosecutorial powers be removed and transferred to another independent layer of scrutiny, particularly the Office of the Ombudsman.
Malimali says FICAC should be limited to an investigative role.
She further said this would provide an additional layer of transparency and integrity in the prosecution process.
Malimali says abolishing FICAC would weaken efforts to hold those involved in corruption and fraud accountable.
She adds that the Police lack the manpower and specialist expertise to investigate complex corruption cases, particularly where allegations involve public officials.
She also says the Office of the Director of Public Prosecutions faces manpower constraints.
Therefore, she argues that abolishing FICAC should not be an option. Instead, an independent second layer of vetting should be established to review FICAC’s investigation reports and make prosecutorial decisions.
