Fiji Labour Party leader Mahendra Chaudhry has expressed shock at the State’s position in court proceedings linked to the Commission of Inquiry (COI) into the appointment of Barbara Malimali, questioning why the matter is being handled through a confidential settlement.
In a letter to Prime Minister Sitiveni Rabuka, Mr Chaudhry said he was “astounded by the position taken by the State” in the Judicial Services Commission’s application for a judicial review to quash the COI’s findings.
He criticised what he described as a “bizarre move” revealed in court, where the Solicitor-General informed the court that the parties had reached agreement on a confidential deed of settlement, which they wanted kept secret — “even from the Judge hearing the case”.
“Prime Minister, the COI was appointed by the President on your advice,” Mr Chaudhry wrote.
He reminded the Prime Minister of his earlier public comments on the issue.
“You, Sir, responded by having the COI appointed, commenting that ‘the rot that had set in had to be removed and the crocodiles in the pond flushed out’,” Mr Chaudhry said.
The Labour leader said the COI was conducted by David Ashton Lewis, who was appointed as the sole commissioner. He noted that Justice Lewis’s report was published after several months of hearings and examination of witnesses and officials.


