*We wonder whether Malimali disclosed the 'Ban from Tuvalu' Letter?
From Fijileaks Archives, 29 September 2024
*On 13 March 2017, the Tuvalu Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Norman Franzi and counsel for Apisai Lelemia, BARBARA MALIMALI, meant that the judgment of acquittal had to be set aside.
Fijileaks: We wonder if her character referees PAP Lands Minister and lawyer Filimoni Vosarogo and Tanya Waqanika informed the JSC of her wholly unacceptable and unprofessional behaviour in 2016 that led to a re-trial of Lelemia because of her 'cosying up' with the presiding stand-in Judge Norman Franzi of Melbourne, Australia.
*Was FLS president Wylie Clarke aware of Malimali's sordid drunken behaviour in the Vaiaku Lagi Hotel. He had rushed to extricate Malimali when she was arrested by FICAC over abuse of office allegations?
*It is clear that Malimali is not fit to be FICAC Commissioner and those who jumped to defend her must explain if they were aware of the damning Tuvalu Court of Appeal judgment. They were, we claim, but took us for bloody fools, for Tuvalu court judgments are not online.
*In the Tuvalu Magistrates Court that had found Apisai Lelemia guilty, the senior magistrate had concluded:
'The defence [Barbara Malimali] in my view did not challenge the critical facts that support the charges laid against him. In fact, much of the accused’s evidence affirmed the facts contained in his caution interview and much of the evidence of the prosecution. What is probably most alarming about this case is that the accused continued to maintain that his conduct in soliciting and obtaining the funds was proper and in line with traditional practices. The defence case was purely based on technical legal arguments, which I have considered and ruled against. I find the accused guilty on all four counts of abuse of office and convict him accordingly.'
