In a pivotal court session today, Suva attorney Tanya Waqanika argued that her client, Barbara Malimali, was unjustly denied the chance to counter the allegations made against her in the Commission of Inquiry (COI) report prior to its finalization and public dissemination. Malimali, who previously held a position as a commissioner with the Fiji Independent Commission Against Corruption, is challenging the findings and recommendations laid out in the COI regarding her appointment.
Waqanika pointed out that the COI report included damaging accusations, labeling Malimali as “universally seen as corrupt” and casting doubt on her qualifications for the role. She contended in court that this situation represented a breach of natural justice and procedural fairness, as Malimali never had the opportunity to respond to these harmful claims before the report’s completion.
Referencing the 1993 Rabuka case, where the court acknowledged that then-Prime Minister Sitiveni Rabuka had been denied the opportunity to reply to negative findings made against him, Waqanika emphasized the crucial importance of allowing individuals the right to defend themselves in such proceedings.
The COI had investigated the context surrounding Malimali’s appointment, with its conclusions cited by Prime Minister Rabuka during Malimali’s suspension and subsequent dismissal. Waqanika asserted that the COI’s negative findings have had a severely detrimental impact on Malimali’s reputation.
In a related issue, Hemendra Nagin, who represents Justice Ashton Lewis, the COI Commissioner, expressed a wish to be included as a party in the ongoing case. However, this request faced opposition from other parties involved. High Court Judge Justice Dane Tuiqereqere noted that Justice Lewis should have submitted a formal application prior to today’s hearing, indicating that the opportunity had been missed.
The hearing is set to progress as legal teams weigh the implications of the COI findings and Malimali’s right to a fair defense. This case raises critical issues about the legal processes governing public allegations and individuals’ rights to engage in inquiries that significantly impact their careers. The ongoing proceedings provide a glimmer of hope for a resolution that supports justice and fairness within the judicial system.