Dismissed Commissioner of the Fiji Independent Commission Against Corruption, Barbara Malimali crossed the first hurdle yesterday in her High Court case against the President and Prime Minister challenging her termination.
Justice Dane Tuiqereqere granted leave to Ms Malimali to bring judicial review proceedings against her dismissal. The case will return to the High Court next Monday to set a timetable for filing evidence and legal arguments in the case.
Ms Malimali was suspended from her position following the release of Justice David Ashton-Lewis’ Commission of Inquiry report into her appointment to the President Ratu Naiqama Lalabalavu.
On June 2 her suspension was reversed and she was instead dismissed by the President, allegedly on the advice of Prime Minister Sitiveni Rabuka.
Ms Malimali has challenged the President’s decision, saying it was unlawful and that the President could not act on the Prime Minister’s advice to dismiss her.
In court yesterday, Justice Tuiqereqere said he was satisfied Ms Malimali’s case was ‘arguable’ and warranted full argument in court.
However, he denied Ms Malimali’s application for a stay on her dismissal while the judicial review progresses.
He also awarded Ms Malimali $1500 in costs, to be paid by the respondents in the case — the President, the Prime Minister and the Attorney-General.
The case created heightened interest last week when State lawyers sought an adjournment to try to settle the case with Ms Malimali.
Justice Tuiqereqere told both parties to inform the court by 3pm last Friday if there had been a settlement. With no settlement reached, he issued his ruling yesterday.
Ms Malimali is bringing her case under Section 5 of the FICAC Act, Section 44 of the Interpretation Act, and sections 16, 81 and 112 of the 2013 Constitution.
Appearing for the State were Deputy Solicitor-General Eliesa Tuiloma, Senior Legal Officer Pauliasi Nawaikula, and Principal Legal Officer Geraldine Naiguilevu. Tanya Waqanika appeared for Ms Malimali.
