In a significant legal proceeding today, Suva lawyer Tanya Waqanika argued in court that her client, Barbara Malimali, was not afforded the opportunity to address allegations presented in the Commission of Inquiry (COI) report before it was concluded and made public. Waqanika is defending Malimali, a former Commissioner of the Fiji Independent Commission against Corruption, in an effort to annul the findings and recommendations stemming from the inquiry into her appointment.
During the hearing, Waqanika asserted that the COI report includes harmful and defamatory conclusions regarding Malimali, which suggested that she was “universally seen as corrupt” and unqualified for her position. She contended that failing to allow Malimali a chance to respond to such serious claims constituted a violation of natural justice and procedural fairness.
Citing the landmark Rabuka case from 1993, Waqanika emphasized that the court had previously determined the importance of a right of reply when prejudicial findings are made. This case serves as a precedent in highlighting the necessity of procedural fairness in legal matters.
The COI had been tasked with examining the processes surrounding Malimali’s appointment, and its findings were subsequently referenced by Prime Minister Sitiveni Rabuka in her suspension and dismissal, adding further weight to the claims’ impact on her reputation.
In a related development, Hemendra Nagin, representing Justice Ashton Lewis, the COI Commissioner, sought to intervene in the proceedings. However, this request met with strong opposition from other parties involved. High Court Judge Justice Dane Tuiqereqere remarked that Justice Lewis should have submitted a formal application prior to the hearing, indicating that it was too late for him to enter the case at this stage.
As the hearing unfolds, the discourse around procedural justice and the implications of the COI report continues to take center stage, raising important questions about transparency and fairness in governance. The case highlights the ongoing challenges faced by individuals in positions of authority and the delicate balance required to uphold justice and reputation in the public sphere.
Leave a comment