Chief Justice Salesi Temo will be given the right of reply if allegations against him outlined in the Commission of Inquiry report come under police investigation, Prime Minister Sitiveni Rabuka says.
Mr Rabuka was responding to a statement from COI commissioner Justice Ashton Lewis.
Justice Lewis said he recommended Mr Rabuka consider advising the President, under section 111(3) of the Constitution, to remove Chief Justice Temo, whom he found liable for charges of perjury, obstructing and perverting the course of justice, and abuse of office. He said no removal had occurred.
“The COI was specifically told by the President verbally that this would happen. Yet to date, Justice Temo remains the Chief Justice. I am gravely concerned at reports that Ratu Naiqama and Salesi Temo are old friends and are related by marriage and that the Prime Minister believes that he cannot force the President’s hand because Ratu Naiqama is his high chief,” COI commissioner Justice David Ashton-Lewis said.
Mr Rabuka said due process would be followed.
“The allegations have not been forwarded to the police and FICAC. It needs to be go through the natural justice system where the allegations are made known to the Chief Justice and he is given time to respond,” Mr Rabuka said.
“The response will be assessed and if it needs further action then the COC according to the Constitution will sit and refer that to a tribunal.”