The Judicial Services Commission (JSC) has filed an application in the High Court seeking to quash the findings and recommendations of the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of FICAC.
On Wednesday, the JSC lodged an application for leave to apply for judicial review of the COI Report, also seeking an order of certiorari “to quash the findings and recommendations of the COI together with other declarations”.
Acting for the JSC, principal lawyer for FA & Company, Isireli Fa, said the judicial review application “raises serious issues with the conduct of the COI and its findings and recommendations”.
“In our opinion, its findings and recommendations are inconsistent with the evidence that was before the COI,” Mr Fa said.
“Further, the JSC takes issue with the COI’s interpretation of s 5(1), s 7(1) and s 10(1) of the FICAC Act 2007 on the appointment and powers of the Commissioner of FICAC; and s 82 of the Constitution of the Republic of Fiji 2013 on the role of the JSC in advising the President on the Commissioner of FICAC position.
“The COI’s interpretation on the above provisions forms the basis of its findings and recommendations in the COI Report. We find their interpretations to be perverse as they are inconsistent with the established rules of Statutory Interpretation and have serious unintended consequences for all involved. Its interpretation of s 82 of the Constitution interferes with the JSC’s performance of its constitutional role under the Constitution, and if not corrected, will result in a constitutional crisis in Fiji in the near future,” he said.
Since the COI Report became public, Mr Fa said, “the contents of the report have been weaponised against the JSC and its officers and others. This is unfortunate as any evidence before the COI prima facie, cannot be used in any court proceedings, subject to exceptions in the COI Act 1946. Criticism levelled against them have no merits and will be purged in these proceedings”.
“We urge all those politicising the findings and recommendations of the COI and weaponising them against the JSC and its officers, to desist from doing so as our client may take legal action against you.”
Mr Fa said parties named in the judicial review application will be formally notified soon.
