Prime Minister Sitiveni Rabuka’s legal team has moved to block former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali from using the Commission of Inquiry (COI) report as evidence in her ongoing judicial review. At a hearing in the High Court, attorney Simione Valenitabua argued that the information gathered under the COI is rendered inadmissible under Section 11 of the Commission of Inquiry Act 1945, which provides that such evidence cannot be used against anyone in civil or criminal matters.
Valenitabua explained that this legal action is part of an Originating Summons filed under high court rules, seeking to dismiss Malimali’s judicial review pleadings and remove her as a party to the case. He emphasized the importance of the integrity of FICAC in upholding public trust in the rule of law, arguing that any perceived compromise in its leadership could undermine the legitimacy of the country’s anti-corruption efforts. He characterized Malimali’s judicial review as fundamentally flawed, stating that without the COI report, her case lacks foundation and is “an empty shell.”
This development follows Malimali’s legal efforts to access both versions of the COI report, which she argues are crucial for challenging her dismissal by President Ratu Naiqama Lalabalavu, a decision made upon Rabuka’s recommendation. During court proceedings, questions arose regarding the authority of the President to dismiss Malimali based solely on the Prime Minister’s advice and whether proper procedures were followed in the processes leading to her termination.
There are notable concerns over governance and accountability in Fiji, especially regarding the roles of the President and the Judicial Services Commission (JSC) in appointments and dismissals within FICAC. Malimali’s case points to broader issues surrounding the independence of public institutions and highlights ongoing discussions on the necessity for reform in governance to reinforce institutional integrity.
As this legal battle progresses, there is hope among observers that the outcome will stimulate necessary changes aimed at enhancing transparency and restoring public trust in Fiji’s governance systems. This situation presents an opportunity for constructive dialogue about the frameworks governing public office, potentially leading to ensuring that such procedures are conducted fairly and transparently in the future. The High Court is expected to evaluate the application in the coming weeks, with implications that could resonate across Fiji’s political landscape.
Leave a comment