The High Court has rejected Commission of Inquiry findings that Fiji Law Society President Wylie Clarke and lawyer Laurel Vaurasi were part of a conspiracy to obstruct and interfere with a FICAC investigation, finding there was no probative evidence linking them to Barbara Malimali’s appointment.
Justice Dane Tuiqereqere made the finding in his judgment quashing the COI findings and declaring the report null and void.
The COI had found Clarke and Vaurasi were part of a conspiracy to obstruct and interfere with the FICAC investigation and that they had bullied, intimidated and coerced FICAC officers to release Malimali.
It further found they were part of the undue influences surrounding Malimali’s appointment.
Justice Tuiqereqere rejected those conclusions.
“I am satisfied that these findings were irrational,” he said.
“The Commissioner identified no probative evidence that Mr Clarke and Ms Vaurasi had any role or influence in Ms Malimali’s appointment.”
Justice Tuiqereqere also found that the Commissioner’s account of a September 5, 2024 meeting was reached without considering the counter-narrative put forward by Clarke and Vaurasi.
The judgment states neither Clarke nor Vaurasi was informed before the COI hearings that their conduct was at risk of attracting adverse findings.
During their evidence, allegations that FICAC officers felt threatened, intimidated and bullied were put to them.
The judgment says Vaurasi was reassured during her evidence that none of the accusations were levelled at her, while both she and Clarke rejected allegations concerning their conduct.
Justice Tuiqereqere said they would not have suspected that they would later be criticised over their conduct at the September 5 meeting.
Given the seriousness of the findings and their potential impact on the pair’s professional reputations, the judge said the Commissioner should have notified them of the proposed adverse findings and allowed them to respond before completing the report.
Justice Tuiqereqere said that because the Commissioner failed to do so, the duty then fell on the President and Prime Minister to provide notice and an opportunity to respond before deciding to release the report publicly.
“The Commissioner’s adverse findings against Mr Clarke and Ms Vaurasi are in breach of the principles of natural justice. They are also irrational,” Justice Tuiqereqere said.
The judge found the pair were denied procedural fairness because they were not given proper notice of the adverse findings before the COI report was completed and released to the public.
