Prime Minister Sitiveni Rabuka’s legal team has filed a motion to strike out the judicial review initiated by former Fiji Independent Commission Against Corruption (FICAC) Commissioner Barbara Malimali. Malimali challenges the findings of a Commission of Inquiry (COI) report, which she argues validates her position and the circumstances surrounding her dismissal.
The application was submitted by attorney Simione Valenitabua and brought before Justice Dane Tuiqereqere. Valenitabua contends that Malimali’s case is fundamentally flawed, asserting that it fails to present a reasonable cause of action and is affected by statutory immunity per Section 11 of the Commissions of Inquiry Act 1945. This section stipulates that “No evidence taken under the Act shall be admissible against any person in any civil or criminal proceeding whatsoever,” which Valenitabua argues applies to Malimali’s judicial review.
In his application, he seeks to remove Prime Minister Rabuka from the proceedings, strike out Malimali’s pleadings, and request that she covers the costs incurred during the process. Justice Tuiqereqere has set deadlines for submissions, with Valenitabua required to file by November 28, while Malimali and other respondents must submit by December 3.
Malimali is contesting the validity of the Ashton-Lewis COI report, aiming to annul its findings and recommendations. Her challenge is part of a broader context involving four individuals whose connections to the report are also under scrutiny, with all seeking judicial review in separate applications. The conjoined hearing for the strike-out application and the leave to apply for judicial review is scheduled for December 12.
This ongoing legal battle has implications not just for Malimali, but also raises essential questions about governance and accountability in Fiji. The debates surrounding her dismissal and the legalities involved reflect broader issues of integrity within the political framework. Observers express hope that the outcomes of these proceedings could lead to meaningful reforms, enhancing transparency in Fiji’s governance and fostering trust in public institutions.
As this situation evolves, it presents an opportunity for deeper discussions about the frameworks governing public office, ensuring that protocols are upheld to maintain the integrity of crucial institutions like FICAC. The legal determinations in the coming months could serve as a cornerstone for future governmental reforms and accountability in Fiji.
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