Lawyer Richard Naidu has revealed that the Prime Minister’s Office possesses transcripts from the hearings of the contentious Commission of Inquiry (COI). These transcripts are crucial for the judicial review applications concerning four prominent figures. The individuals challenging the COI’s conclusions—former FICAC commissioner Barbara Malimali, Fiji Law Society president William Wylie Clarke, former FLS president Laurel Vaurasi, and ex-Attorney-General Graham Leung—are contesting the findings of the COI Report, which has been critical of their conduct.
Their judicial review applications, which argue that the COI findings were incorrect, unreasonable, and lacking in due process, are set to be heard in April. Mr. Naidu, representing Mr. Clarke and Ms. Vaurasi, informed the court that Justice David Ashton-Lewis, the COI Commissioner, would not be intervening in these reviews.
During a recent court session, Justice Dane Tuiqereqere emphasized the necessity of the COI hearing transcripts to aid in his decision-making. However, Geraldine Naguilevu, representing the Attorney-General’s Chambers, indicated uncertainty regarding the transcripts’ availability, despite checking with COI counsel Janet Mason.
Mr. Naidu expressed his frustration over the AG’s Chambers’ response, highlighting that the need for the transcripts was previously addressed in court two weeks earlier, including discussions about a separate meeting involving Justice Ashton-Lewis and Mr. Clarke. Consequently, Justice Tuiqereqere has instructed the AG’s Chambers to investigate the availability of both the COI hearing transcripts and the meeting records.
The judicial review hearings are scheduled to span three days, commencing on Friday, April 10, with the possibility of continuing through the weekend if necessary. This case highlights the ongoing scrutiny of the COI’s findings and the importance of due process in legal proceedings, representing a significant moment for the involved parties.
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