SUSPENDED commissioner of the Fiji Corrections Service (FCS) Dr Jalesi Nakarawa has asked the tribunal hearing his case to consider whether allegations made against him met the threshold of misbehaviour.
His lawyer, Simione Valenitabua, said this when he appeared before Justices Daniel Goundar, Dane Tuiqereqere, and Savenaca Banuve at the High Court in Suva yesterday for a pre-hearing conference.
A complaint against Dr Nakarawa alleges he terminated the services of a senior medical officer (SMO), and his wife subsequently filled in this role in an acting capacity.
Justice Goundar noted that the panel was still investigating the facts.
He said once the facts were decided, the panel would look at the actual application of the law, “the definition of professional misconduct”.
“Which we’ll have to then, of course, we’ll have to hear from you as to what the definition of professional misconduct in the Constitution, whether any of the facts that has been established by way of evidence, comes within the definition.”
Regarding new allegations, Justice Goundar informed Mr Valenitabua that if any new claims arise, they must be presented to the tribunal members, who will decide whether to incorporate them into the current investigation or treat them as a separate inquiry.
“So, we can’t speculate at this stage. If it does happen, we’ll have to deal with it. And then we’ll give you, of course, we’ll hear you as well. On whether to make that as part of this inquiry, and how it’s going to affect the subsequent hearing date of this inquiry. So, we’ll give you enough notice if we do receive fresh allegations.”
Justice Goundar mentioned that Dr Nakarawa would have the opportunity to provide evidence if he chooses, and all other witnesses’ testimonies were part of ensuring fairness and due process.
“Because we think the bottom line is we have to know what’s the truth here.”
Justice Goundar also indicated this was not a criminal proceeding; therefore, nothing had to be proved to the extent of beyond a reasonable doubt.
“It’s an inquiry, it’s an investigation into the allegations, and the ultimate purpose is to find the facts, the truth, and see if there is any truth to the allegations that Dr Nakarawa is facing.”
Dr Nakarawa expressed no objections to the attendance of the media and public during the proceedings.
Hearing has been fixed to commence from November 3 to 14 and another pretrial conference will commence from September 22 and October 24.