In a significant court proceeding today, Suva lawyer Tanya Waqanika contended that her client, Barbara Malimali, was deprived of the opportunity to rebut the allegations presented in the Commission of Inquiry (COI) report prior to its completion and public release. Waqanika represents Malimali, a former commissioner of the Fiji Independent Commission Against Corruption, as they seek to annul the findings and recommendations from the COI concerning Malimali’s appointment.
Waqanika highlighted that the COI report contained damaging and defamatory assertions about Malimali, notably characterizing her as “universally seen as corrupt” and questioning her qualifications for the role. She argued before the court that this situation constituted a violation of natural justice and procedural fairness, as Malimali was not allowed to respond to the adverse allegations before the report was finalized.
Citing the precedent set in the 1993 Rabuka case, where the court found that then Prime Minister Sitiveni Rabuka had been denied a right of reply to negative findings against him, Waqanika underscored the importance of allowing individuals the chance to defend themselves in such proceedings.
The COI had scrutinized the circumstances surrounding Malimali’s appointment, with its findings also referenced by Prime Minister Rabuka during the suspension and subsequent dismissal of Malimali. Waqanika asserted that the negative conclusions drawn in the report have severely tarnished Malimali’s reputation.
In a related development, Hemendra Nagin, representing Justice Ashton Lewis, who served as the COI Commissioner, expressed a desire to be included as a party in the ongoing legal matter. However, this application was met with resistance from other involved parties. High Court Judge Justice Dane Tuiqereqere remarked that Justice Lewis should have formally applied ahead of today’s hearing, noting that the opportunity had passed.
The hearing is set to continue as legal representatives deliberate on the implications of the COI findings and Malimali’s right to a fair defense. This case raises significant questions regarding the legal processes surrounding public allegations and the rights of individuals to participate in inquiries that affect their professional lives. With ongoing proceedings, there is hope for a resolution that upholds justice and fairness in the judicial system.