Fiji’s Attorney-General Graham Leung has expressed concern over the unexpected delay in receiving the King’s Counsel’s opinion regarding the Judicial Services Commission’s (JSC) authority to suspend FICAC Commissioner Barbara Malimali. This legal guidance, sought by Janet Mason, who is assisting the Commission of Inquiry (CoI) into Malimali’s appointment, holds significant weight amid the scrutiny of her recent actions, including the dismissal of key witness Kuliniasi Saumi.
Leung emphasized that, to date, he has not seen the opinion, noting that it is atypical for the Government’s legal advisers to be without such guidance for an extended period. Initial reports suggest that the advice from New Zealand King’s Counsel Philip Joseph indicates that the JSC indeed has the legal power to suspend Malimali, contradicting the JSC’s earlier claims of lacking such authority. This situation has led to a conflicting discourse around the commission’s powers.
The ongoing inquiry, chaired by Commissioner David Ashton-Lewis, aims to examine whether proper protocols were adhered to during Malimali’s appointment, especially in light of allegations that she intimidated a witness during a prior investigation. These claims raise significant concerns regarding the integrity of the investigation process.
This developing scenario underscores a critical need for clarity in the legal frameworks that define public office governance in Fiji, especially regarding the JSC’s powers over its officials. Furthermore, the discussions surrounding this legal opinion are fundamental to promoting accountability and transparency within Fiji’s institutions as stakeholders navigate governance complexities.
While the inquiry continues, there remains optimism that a resolution to the existing legal uncertainties will materialize. Such outcomes could catalyze reforms necessary for bolstering the integrity of Fiji’s public institutions. Crucially, the ongoing dialogue among legal authorities may not only clarify the current inquiry’s objectives but could also lead to improvements in governance standards going forward.
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