[File Photo]

The Office of the Director of Public Prosecutions has confirmed it has completed its review of all files arising from the Commission of Inquiry that were submitted for legal advice by the Fiji Police Force.

The ODPP received 12 files last year. One file, relating to State v Barbara Malimali, was closed and returned earlier with a decision not to lay charges due to insufficient evidence.

The remaining 11 files have now also been reviewed, with outcomes and summaries to be returned to police later this week.

The complaints largely stemmed from allegations against Malimali arising from the COI, which subsequently triggered additional complaints and cross-complaints involving several public officers and senior legal practitioners.

Given the sensitivity of the matters and the significant public interest generated by the COI, the ODPP said the files were assessed by multiple senior prosecutors who had no prior involvement with, or connection to, any of the parties named.

Those initial assessments were then independently reviewed by a senior external consultant.

The ODPP engaged Ian Lloyd KC to conduct the independent review who concurred with the prosecutors’ assessments and provided further recommendations on the analysis of the evidence.

They say each matter was examined both individually and collectively within the framework of the law.

The reviews were guided by relevant legislation, including the FICAC Act, the Electoral Act and the Crimes Act, as well as applicable Court of Appeal authorities and the Constitution.

In evaluating the evidence, prosecutors considered whether it met the criminal standard of proof, the reasonable prospects of conviction, public interest considerations, statutory limitation periods, immunity provisions, and the distinction between criminal and civil liability.

After considering the assessments and the independent review, the ODPP concluded there was insufficient evidence to sustain any criminal charges to the required standard in any of the files reviewed.Acting Director of Public Prosecutions Nancy Tikoisuva said the office would not be pressured or rushed into making decisions without due process.

“The ODPP is an independent constitutional body with its own mandate and operates strictly in accordance with the Prosecution Code and internal governance processes. Our review and decision-making processes are guided by evidence, the law, and established prosecutorial principles, and decisions are not dictated by, nor influenced by political individuals or political agendas, including social media posts and opinion.”

She reaffirmed the ODPP’s commitment to upholding the rule of law, fairness and independence in carrying out its constitutional responsibilities.

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