Lawyer Richard Naidu says the Prime Minister’s Office holds transcripts of hearings of the controversial Commission of Inquiry which is required for the hearing of judicial review applications for four high-profile individuals.
Former FICAC commissioner Barbara Malimali, Fiji Law Society president William Wylie Clarke, former FLS president Laurel Vaurasi and former Attorney-General Graham Leung have challenged the findings of the COI Report which is critical of their alleged actions. Their applications will be heard in April.
The applicants say that the COI findings were incorrect, unreasonable and not procedurally fair to them.
Mr Naidu, who acts for Mr Clarke and Ms Vaurasi, told the court he had been advised by lawyers for COI Commissioner Justice David Ashton-Lewis that he would not be intervening in these judicial reviews.
Justice Dane Tuiqereqere told the parties that the court required transcripts of the COI hearings to help him make necessary findings.
Geraldine Naguilevu, appearing for the Attorney-General’s Chambers, said her office had checked with COI counsel assisting Janet Mason, but was unsure if she had the transcript or not.
This prompted Mr Naidu to express disappointment with the AG’s Chambers, noting that the need for the transcript had been discussed in court two weeks ago, including the transcript of a separate meeting between Justice Ashton-Lewis and Mr Clarke.
Justice Tuiqereqere has directed the AG’s Chambers to make enquiries about the transcript of the hearings and the meeting with Mr Clarke.
The hearing of the parties’ judicial review application is scheduled for three days, beginning on Friday April 10. Justice Tuiqereqere said the hearing could continue through the weekend, including Sunday, April 12, if necessary.
