The High Court has quashed the findings of the Commission of Inquiry into the appointment of former FICAC Commissioner Barbara Malimali, declaring the COI report null and void in its entirety.
Justice Dane Tuiqereqere handed down the decision following separate judicial review proceedings brought by Malimali, former Attorney-General Graham Leung, Fiji Law Society president Wylie Clarke and lawyer Laurel Vaurasi.
The judgment runs to 154 pages and deals with challenges brought by the four applicants against findings made concerning them in the Commission of Inquiry report.
The ruling means the challenged COI findings have been set aside, with the report declared null and void in its entirety.
The Commission of Inquiry had been established to investigate the circumstances surrounding Malimali’s appointment as Commissioner of the Fiji Independent Commission Against Corruption.
Malimali brought judicial review proceeding HBJ 09/2025, naming the Commission of Inquiry into her appointment, the President of Fiji, the Prime Minister and the Attorney-General as respondents.
She was represented by Waqanika Law.
A separate proceeding, HBJ 10/2025, was brought by Clarke and Vaurasi, who also named the Commission of Inquiry, the President, the Prime Minister and the Attorney-General as respondents. They were represented by Howards Lawyers.
Leung brought proceeding HBJ 11/2025 against the Commission of Inquiry and the Attorney-General and was represented by Fatiaki Law.
The applicants had separately sought judicial review of findings concerning them arising from the inquiry into Malimali’s appointment.
The High Court’s decision represents a major development in the controversy surrounding the COI report and the consequences that followed its findings.
The full implications of the ruling, including Justice Tuiqereqere’s reasoning for quashing the findings and declaring the report null and void, are contained in the 154-page judgment.
