The ongoing Commission of Inquiry (COI) regarding the Fiji Independent Commission Against Corruption (FICAC) and its suspended commissioner, Barbara Malimali, continues to attract significant attention. Recent statements from Counsel Janet Mason, who is assisting the COI, have sparked controversy, particularly regarding comments made by Wylie Clarke, the President of the Fiji Law Society (FLS). Mason deemed Clarke’s remarks questioning the COI’s credibility as “outrageous.”
Mason argued that for a leading figure within the legal community to challenge the integrity of the COI and the constitutional decisions made by both the Prime Minister and President was unwarranted. She specifically referenced two misstatements by Clarke, clarifying that judicial proceedings do not involve parties being allowed to comment on draft reports that include adverse findings. This reflects a critical understanding of the rules of natural justice within legal practices worldwide.
Additionally, Mason refuted Clarke’s assertion that only the Judicial Services Commission (JSC) has the authority to discipline Malimali, emphasizing that such interpretations misrepresent the opinion provided by legal expert Professor Philip Joseph, who advised the COI. Mason stated that actions taken by the Prime Minister and President were consistent with Joseph’s opinion.
This ongoing debate is compounded by the FLS’s recent call for Mason to step aside from her role in the COI, citing concerns that her ongoing involvement could undermine public confidence in the inquiry. This recommendation comes in light of a misconduct finding against Mason by the New Zealand Lawyers and Conveyancers Disciplinary Tribunal, which she is currently appealing.
As both parties navigate these complex legal and ethical waters, the broader implications of the inquiry are significant. The scrutiny not only focuses on Malimali’s appointment and conduct but also serves as a pivotal moment for governance in Fiji. Stakeholders express hope that these proceedings will facilitate necessary reforms, enhancing transparency and accountability within the FICAC and establishing a more robust ethical framework in Fiji’s political landscape.
Overall, the evolving situation presents opportunities for advancing integrity and public trust in Fiji’s governance. It underscores a collective desire for a legal system that supports ethical standards and accountability among public officials.
Leave a comment