The Suva High Court is scheduled to announce its ruling on January 23, 2024, concerning an application for judicial review related to the Commission of Inquiry’s report on the appointment of former FICAC Commissioner Barbara Malimali. This report has faced scrutiny from various stakeholders who are challenging its findings and recommendations.
Among those contesting the report are Malimali, Fiji Law Society President William Wylie Clarke, former President Laurel Vaurasi, and ex-Attorney-General Graham Leung. They are being represented by lawyers Tanya Waqanika, Richard Naidu, and Seforan Fatiaki. During the proceedings, Naidu argued that his clients were unjustly accused of harassment during the events surrounding Malimali’s arrest in September of the previous year. Fatiaki further asserted that his client was dismissed from their position as a direct result of the Inquiry’s conclusions.
On the other side, the respondents include the Commission of Inquiry and notable officials such as the President, Prime Minister, and Attorney-General. A representative for the Attorney-General contended that the applicants had opportunities to respond to the Inquiry’s findings but did not take advantage of them.
As the court approaches its decision, there is considerable anticipation regarding the potential ramifications for all parties involved. This judicial review could significantly influence how the Inquiry’s findings are perceived and interpreted, potentially reshaping the legal environment in Fiji and impacting the stakeholders concerned. The ruling may also serve as a precedent for future inquiries and legal challenges, making it a pivotal moment for the legal community.