Attorney-General Graham Leung has remarked on the unusual delay in receiving the King’s Counsel’s opinion regarding the legal authority of the Judicial Services Commission (JSC) to suspend FICAC Commissioner Barbara Malimali. This opinion, which was obtained by Janet Mason, the counsel assisting the Commission of Inquiry (CoI) into Malimali’s appointment, is critical given the ongoing scrutiny surrounding her actions, including the dismissal of key witness Kuliniasi Saumi.
Leung clarified that he has yet to see the opinion, thus leading to his observation that it is uncommon for the Government’s legal advisers not to have received such guidance. The advice from New Zealand King’s Counsel Philip Joseph reportedly indicates that the JSC does possess the legal power to suspend Malimali. However, the JSC had previously asserted that it lacked such authority, creating a backdrop of conflicting opinions.
The inquiry into Malimali’s appointment, led by Commissioner David Ashton-Lewis, aims to determine whether proper processes were followed during her appointment in light of the recent allegations. These allegations are compounded by claims that Malimali may have intimidated a witness during an investigation, raising concerns regarding the integrity of the inquiry process.
The situation reflects a broader issue within Fiji’s governance regarding the need for clarity in legal frameworks governing public office, particularly concerning the powers of the JSC over its officials. Additionally, the discussions around this legal opinion highlight the importance of accountability and transparency in Fiji’s institutions, as various stakeholders navigate the complexities of governance.
As the inquiry progresses, there remains hope that a resolution to the legal ambiguities will emerge, potentially leading to reforms that could strengthen the integrity of Fiji’s public institutions. This ongoing dialogue between legal authorities may not only illuminate the path forward in the current inquiry but also pave the way for enhanced clarity and accountability in future governance practices.
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