Prime Minister Sitiveni Rabuka’s legal team has presented a strike-out application in response to the judicial review initiated by former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali. Her legal challenge is focused on contesting a recent Commission of Inquiry (COI) report. The application, led by attorney Simione Valenitabua, was submitted to Justice Dane Tuiqereqere, who oversees the proceedings.
Valenitabua’s argument rests on the assertion that Malimali’s case lacks a reasonable cause of action and is protected by statutory immunity under Section 11 of the Commissions of Inquiry Act 1945. This section states that “No evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever.” The implications of this legal provision are significant, as the Prime Minister’s attorney claims that Malimali’s application constitutes a civil proceeding that the statutory prohibition renders unsustainable.
In his appeal, Valenitabua is requesting not only the removal of Rabuka as a party in the proceeding but also the striking out of Malimali’s pleadings, along with the imposition of costs against her. Justice Tuiqereqere has outlined a schedule, requiring Mr. Valenitabua to submit additional materials by November 28, with the applicant and other involved parties expected to file their submissions by December 3.
Malimali is challenging the legality and validity of the Ashton-Lewis COI report, seeking to quash its findings and recommendations. She is one among four individuals implicated in the report seeking judicial review in separate proceedings. The court is set to hear the strike-out application alongside the leave to apply for judicial review on December 12.
This unfolding legal drama highlights significant governance challenges in Fiji, especially regarding the roles of the President and the Judicial Services Commission in FICAC appointments and dismissals. There is a growing public interest and scrutiny surrounding these matters, particularly in light of previous allegations concerning Malimali’s swift appointment and the circumstances leading to her dismissal.
The judicial processes currently underway provide an opportunity for important discussions about accountability and reform within Fiji’s political framework. Observers are hopeful that any outcomes from this legal confrontation will stimulate necessary change, enhancing institutional integrity and fostering greater public trust in the governance systems. As these proceedings move forward, they could catalyze critical reforms that promote transparency and public confidence in government operations.