Mr. Wylie Clarke Cannot Hide Behind Closed Doors: He Must Respond to Public Questions

Opposition Member of Parliament Hon. Premila Kumar has reaffirmed her call for the President of the Fiji Law Society, Mr. Wylie Clarke, to publicly clarify his role in the controversial appointment and subsequent termination of former FICAC Commissioner, Barbara Malimali.

Hon. Kumar said the questions raised in her earlier statement were made on behalf of the people of Fiji and deserve open and transparent answers, not private invitations for discussion behind closed doors.

“These are matters of public concern and must be addressed in the public domain,” Hon. Kumar said.

“As President of the Fiji Law Society, Mr. Clarke must be transparent and accountable. His accountability lies not with me, but with the legal profession and the people of Fiji.”

Hon. Kumar pointed to two key remarks made by Mr. Clarke that warrant public clarification.

“Firstly, Mr. Clarke claimed I have ‘developed a respect and concern for upholding the rule of law after such a long time in public office,’” she said.

“Let me be clear—I have always upheld the rule of law. What has changed is not my commitment, but the growing erosion of public trust in our legal institutions.”

She highlighted a deeply troubling matter revealed before the Commission of Inquiry—an audio recording in which Chief Registrar Tomasi Bainivalu allegedly stated that “no Fiji registry will file any charges” against Ms. Malimali, reportedly on the instruction of the Chief Justice.

“The Chief Justice has no legal authority to prevent the filing of criminal charges,” Hon. Kumar stressed.

“What is even more disturbing is Mr. Clarke’s silence on this issue. As the President of the Fiji Law Society, he had a duty to speak out and correct this legal misdirection. His failure to act when strong, principled leadership was needed raises serious concerns.”

She further warned that Fiji’s judicial independence, once a key pillar of national stability, is now under serious threat.

“Fiji has endured political instability and coups in the past, yet our judiciary was viewed as largely independent,” she said.

“That perception is quickly eroding, and institutions like the Fiji Law Society, under Mr. Clarke’s leadership, have remained passive and selective in their actions.”

Hon. Kumar added that the millions of dollars spent on the Commission of Inquiry could have been avoided had oversight institutions acted impartially and with integrity from the outset.

Turning to Mr. Clarke’s second claim—that some of her questions relate to confidential evidence from the COI—Hon. Kumar firmly rejected this reasoning.

“The questions I raised are based on information already in the public domain,” she said.

“Mr. Clarke must stop hiding behind procedural walls and confidentiality to avoid public scrutiny.”

She also noted Mr. Clarke’s silence during the conflict between the Judicial Services Commission and the Commission of Inquiry over the Prime Minister’s power to suspend Ms. Malimali.

“As President of the Law Society, Mr. Clarke had a responsibility to assist in the interest of justice—but he chose not to,” she said.

“Silence, inconsistency, and selective interventions have only weakened public trust in the Fiji Law Society.”

Hon. Kumar reiterated her call for the full release of the COI report, which the Prime Minister previously promised but has continued to delay.

Hon. Kumar urged Mr. Clarke to face the public and respond transparently.

“This is not a matter that requires a private meeting,” she said.

“It is a matter of public accountability. The people of Fiji deserve clear, honest answers.”