JUSTICE Dane Tuiqereqere has raised concerns about the transparency of the Barbara Malimali Commission of Inquiry (COI), questioning the use of closed sessions and the lack of documented reasons for excluding individuals from hearings.
At a court mention yesterday, Justice Tuiqereqere questioned the COI’s use of unexplained “closed sessions” and requested clarification regarding why Ms Malimali and her lawyer were excluded from key hearings.
Justice Tuiqereqere is hearing three separate legal challenges to the findings of the COI into the appointment of Ms Malimali as Commissioner of the Fiji Independent Commission Against Corruption.
Ms Malimali, together with senior lawyers Wylie Clarke and Laurel Vaurasi and former Attorney-General Graham Leung have all sought judicial review of the COI’s findings against them.
Justice Tuiqereqere called the lawyers for the parties together yesterday for answers to specific questions he wished to raise before issuing his judgment, which he said would now take place on August 10.
He said he had reviewed the COI report and transcripts of the evidence given but did not know what reason the COI had given for excluding Ms Malimali and her lawyers from some of the hearings.
He expressed concern about the state of the COI record, noting that proceedings of such public importance should be accurate. He said natural justice demanded clear, documented reasons when individuals were excluded.
Deputy Solicitor-General Eliesa Tuiloma said he was unaware of any official justification provided by COI Commissioner Justice David Ashton-Lewis for excluding Ms Malimali during testimony from key witnesses, including the Chief Justice and former Finance Minister Professor Biman Prasad.
The court’s ruling on the judicial review has been moved from August 3 to August 10.
