The Fijian Elections Office (FEO) confirms that its legal representative Mr Shailend Krishna of Krishna & Co Lawyers have formally responded to, and rejected in its entirety, the demand issued on 29 June 2026 alleging malicious prosecution and misfeasance in public office against the Supervisor of Elections, four (4) officers, and the FEO. The response rejects the allegations as being without legal or factual basis and advises that the proposed claims are unsustainable in law.
The FEO maintains that its officers have, at all times, acted in good faith and in accordance with their statutory responsibilities. The legal response states that the demand fails to establish the legal requirements necessary to sustain claims of malicious prosecution or misfeasance in public office. It also makes clear that an acquittal in criminal proceedings does not, as a matter of law, give rise to automatic civil liability against public officers carrying out their official duties.
The response further notes that decisions relating to criminal investigations and prosecutions are made independently by the Fiji Police Force and the Office of the Director of Public Prosecutions in accordance with Fiji’s constitutional framework. It also refers to the statutory protections afforded to officers of the FEO under section 3(3) of the Electoral Act 2014 for acts undertaken in the bona fide exercise, or attempted exercise, of their statutory powers, functions and duties.
The demand has been rejected in its entirety, furthermore, it is not only an abuse of process but is bordering on extortion of monies against the FEO as well as the officers mentioned in the notice. Should proceedings be commenced, the FEO and the officers concerned will defend the matter through the proper legal process while continuing to discharge their statutory responsibilities in accordance with the law.
The FEO remains committed to carrying out its constitutional and statutory responsibilities impartially, professionally and without fear or favour. Maintaining public confidence in Fiji’s electoral system remains the FEO’s foremost priority, and the FEO will continue to uphold the integrity, independence and professionalism of Fiji’s electoral administration in the discharge of its functions.
