The Chief Registrar and Head of Legal Practitioners Unit (LPU) Tomasi Bainivalu has apologised to the senior legal counsel in the FICAC Commission of Inquiry Janet Mason for the “honest assumption” that she had failed to fully disclose her disciplinary proceedings in New Zealand.
The LPU now admits that an amended and complete application was emailed but was not printed for file.
According to the LPU, they had received an initial incomplete application from Mason for a Practicing Certificate at 9.31 am on Friday 3rd of January via email. In this application all the relevant parts of the application form were not filled particularly the three crucial questions on personal character – plus the statutory declaration which is a mandatory requirement was not filled, signed and executed.
Ms Mason was informed at 9.48 am that a duly executed statutory declaration was to be provided as it was a mandatory requirement.
A representative for Ms Mason responded that arrangements were being made to have the statutory declaration witnessed.
The LPU sent another reminder copying Ms Mason at 3.10 pm with the LPU stating they were trying their “level best to expedite and have the Practicing Certificate issued so there were no interruptions with the COI proceedings” which was to commence on Monday 6th January.
A statutory declaration along with an amended form was received by the LPU at 4.59 pm. However this complete declaration was not printed and filed, with the LPU stating that the secretary made an “honest assumption” that the amended application was the same as the one sent earlier. The LPU says this was because the email did not make reference to the amended application.
However the LPU received an enquiry from Barbara Malimali on 15th January and “relying on the documents placed in the file and more particularly the incomplete application which was the only application printed and put in file, a letter was issued to Ms Mason for a preliminary explanation.”
In the media statement released today, the Chief Registrar said “I only realised that an amended application was emailed to our Office following Ms Mason’s first interview with the media on 20th January.”
The Chief Registrar said he then had a meeting with staff to ascertain the circumstances and after going through the documents “I can confidently say that there was no falsification of documents by my staff but the situation arose from the honest assumption of the Secretary in printing only the statutory declaration and placing it with the initial application.”
The Chief Registrar relayed this to Ms Mason with a message for a meeting to resolve the issues raised by her.
“Whilst we differ with Ms Mason on the requirement to hold a valid practising certificate for the purpose of appearing before the COI to perform this important legal service and whether there was full and frank disclosure on her part in relation to the disciplinary proceedings she is facing in New Zealand, we apologise for the honest assumption on our part.”
Mason is Senior Legal Counsel assisting a COI into the appointment process of FICAC Commissioner Malimali.
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