Fiji Labour Party leader Mahendra Chaudhry has called for the immediate suspension of the Attorney-General and the Solicitor-General, accusing them of a serious conflict of interest arising from court actions linked to the Commission of Inquiry (COI).
In a letter to Prime Minister Sitiveni Rabuka, Mr Chaudhry said the findings of the COI had “shocked the nation” and led to the exposure of what he described as “the ‘crocodiles’,” including “people holding high public office, senior members of the judiciary and the legal fraternity and several Cabinet ministers.”
He said the first consequences of the report were the removal of Barbara Malimali and former Attorney-General Graham Leung from their positions.
As the inquiry closed in on other high-profile figures accused of unlawful conduct, Mr Chaudhry said a series of court cases were filed against the State in an attempt to nullify both the findings and the COI itself.
“Quite ridiculously, the State is represented in these cases by the Attorney-General and the Solicitor-General, both of whom are accused of unprofessional or unlawful conduct in the COI Report,” he wrote.
Mr Chaudhry said this amounted to a clear conflict of interest.
“Both of these holders of high public office have forsaken their fiduciary duty to the State to defend the integrity of the COI,” he said, alleging they had instead acted to protect themselves.
He further claimed the two officials had agreed to an out-of-court confidential arrangement with the Judicial Services Commission, asking the court to keep the agreement secret, “even from the Judge”.
“This is utterly repugnant coming from the custodians of the law and is in itself sufficient reason to warrant their dismissal,” Mr Chaudhry wrote.
He questioned the secrecy surrounding the agreement, suggesting it was designed to “grant the judicial relief sought by the applicant” and amounted to “a sell-out of the State’s case”.
Calling for urgent action, Mr Chaudhry said: “The State must forthwith get its house in order.”
He urged that both the Attorney-General and the Solicitor-General be suspended immediately pending appropriate proceedings, and replaced by individuals “of known repute and integrity” to handle all COI-related judicial review cases.
Mr Chaudhry also called on the Office of the Director of Public Prosecutions to disclose, in the interest of transparency, the names of 11 people whose COI files were reportedly returned to police for lack of evidence, and to provide information on the charges investigated.
He said the steps were necessary to restore public confidence and uphold the rule of law.
