The High Court has found that adverse findings made by the Commission of Inquiry against Fiji Law Society President Wylie Clarke were “entirely baseless and thus irrational”.
Justice Dane Tuiqereqere made the finding in his judgment quashing the COI findings and declaring the report null and void.
The issue related to an objection raised by the Fiji Law Society over Janet Mason’s involvement as Counsel Assisting the Commission, in light of disciplinary proceedings against her by the New Zealand Law Society.
Justice Tuiqereqere noted the objection was made on behalf of the Fiji Law Society on January 20, 2025, and that Clarke played no direct role in making it.
“Mr Clarke and the Fiji Law Society are not one and the same,” Justice Tuiqereqere said.
The judge said while Clarke was, and remains, President of the Fiji Law Society, the objection was made by the organisation rather than Clarke personally.
“The Commissioner had no legitimate basis to make any comment about Mr Clarke in respect to the objection by FLS,” he said.
Justice Tuiqereqere was also critical of the language used against Clarke in the COI report.
He said the Commissioner’s “tirade” against Clarke in parts of the report “quite simply, have no place in a COI Report”.
Clarke’s lawyers had characterised the Commissioner’s criticisms as “intemperate, unjudicial and injudicious language”.
“Regrettably, I cannot disagree,” Justice Tuiqereqere said.
The court also found there was nothing exceptional or inappropriate about the Fiji Law Society raising its objection concerning Mason.
Justice Tuiqereqere said the FLS was entitled to object, while the Commissioner was equally entitled to dismiss that objection and allow Mason to continue as Counsel Assisting.
The judge found Clarke would have had no idea that adverse findings concerning the objection were going to be made against him.
“Quite obviously, the Commissioner ought to have provided notice to Mr Clarke of these draft adverse findings along with an opportunity to respond before completing the COI Report,” Justice Tuiqereqere said.
He ultimately concluded: “The adverse findings were entirely baseless and thus irrational.”
Justice Tuiqereqere also found the Commissioner breached the hearing rule by failing to give Clarke notice of the adverse findings against him.
