The Suva High Court is set to deliver its judgment on January 23, 2024, regarding an application for leave for judicial review concerning the report from the Commission of Inquiry. This report is under scrutiny as three parties aim to challenge its validity and seek to annul its findings and recommendations.

The applicants include notable figures such as former FICAC Commissioner Barbara Malimali, Fiji Law Society President William Wylie Clarke, former President Laurel Vaurasi, and former Attorney-General Graham Leung. These individuals are represented by lawyers Tanya Waqanika, Richard Naidu, and Seforan Fatiaki.

During the proceedings, Naidu claimed that his clients faced allegations of bullying and coercion while they were attempting to provide assistance to Malimali on the day of her arrest in September of the previous year. Fatiaki further contended that his client was dismissed from their position due to the implications arising from the Commission of Inquiry’s report.

The respondents involved in this legal matter include the Commission of Inquiry on Malimali’s appointment as FICAC Commissioner, along with the President, the Prime Minister, and the Attorney-General. Counsel for the Attorney-General indicated their disagreement with the applicants’ claims, asserting that the applicants had previously been given an opportunity to respond to the inquiry’s findings, which they did not utilize.

The forthcoming judgment has the potential to significantly impact the individuals involved and set a precedent for how such inquiries are handled in the future. Legal experts are anticipating the court’s decision, which may bring a clearer understanding of the accountability processes within Fiji’s governance.


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