The Suva High Court has ordered the release of full transcripts and audio recordings from the Commission of Inquiry into the appointment of former Fiji Independent Commission Against Corruption (FICAC) commissioner Barbara Malimali, directing that the materials be provided to all applicants by March 16. Justice Dane Tuiqereqere, who presided over the ruling, also flagged concerns about the inquiry’s protocols after hearing that footage from the proceedings had already appeared online.
The move was opposed by the Office of the Solicitor‑General, which maintained the inquiry documents were intended for decision‑makers only and that broader disclosure risked undermining the integrity of the inquiry process. State counsel told the court the materials were not meant to be published and should remain confined to those responsible for determining the outcome. The court rejected the State’s blanket objection and ordered the recordings and transcripts released to the applicants, who will be allowed to obtain copies.
Applicants seeking access include Malimali herself, former Attorney‑General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi. During submissions, senior counsel Richard Naidu argued the applicants need access to the full record because they may not yet know what evidence or information exists within it. Counsel Tanya Waqanika, representing Malimali, questioned why the transcripts had been withheld when segments of hearing footage had already circulated online, a point that drew Justice Tuiqereqere’s explicit concern about the inquiry’s safeguards and information handling.
The court has set strict timelines for all parties to file affidavits addressing the contents of the released materials and has directed that copies be made available to the applicants. The matter was adjourned to April 10 for further directions and to allow the parties to respond to any new matters emerging from the transcripts and recordings.
The decision follows earlier High Court developments in the long‑running dispute over Malimali’s removal. In a previous ruling the court found her dismissal unlawful; the government subsequently decided not to appeal that decision. The latest order to disclose the Commission of Inquiry records marks a significant step in the judicial scrutiny of how the inquiry was conducted and the process that led to Malimali’s removal.
Legal observers say the release could be consequential for parallel legal challenges and for wider questions about transparency in inquiries into senior public officeholders. By compelling disclosure, the High Court signalled a willingness to make the full record available to affected parties, while also highlighting procedural weaknesses the judge said must be addressed after the apparent leak of hearing material.
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