The High Court has adjourned to November 7 the Judicial Services Commission’s (JSC) bid to quash the findings and recommendations of the Commission of Inquiry (COI) report into the appointment of Barbara Malimali as FICAC Commissioner, giving time to serve an overseas-based respondent.
High Court judge Justice Dane Tuiqereqere signalled he intends to set a hearing date “before the end of the year” for the judicial review application, filed on September 17, which seeks an Order of Certiorari and a series of declarations.
At yesterday’s sitting, Justice Tuiqereqere asked, “have other respondents been served?”
“Yes, they have,” replied Isireli Fa of FA & Company, which is representing the JSC. Mr Fa told the court that affidavits for the JSC had been filed at the Office of the Prime Minister and the Attorney-General’s Chambers.
A copy was also served on the Office of the President but the JSC was advised that the COI Secretariat is in the PM’s Office. Mr Fa said they did not have a local address for Justice David Ashton-Lewis but served his copy at the Office of the President, noting an address in his CV is the Gold Coast.
Justice Tuiqereqere ruled that service to Respondents 1 and 2 was sufficient but, since the third respondent resides outside Fiji’s jurisdiction, “the court will first have to deal with the Expedited Application”.
“I’m curious about the mode of service,” Justice Tuiqereqere queried. “We will use courier service,” Mr Fa countered.
Justice Tuiqereqere suggested service through a lawyer would be more appropriate, citing the unreliability of couriers “where all sorts of contingencies occur”.
He granted the ex parte application, ordering the third respondent be served personally by a service agent.
In an earlier statement, FA & Company described the COI’s conclusions as “perverse” and accused the inquiry of misinterpreting key legal provisions, specifically Section 82 of the 2013 Constitution and Section 5(1) of the FICAC Act 2007.
