THE High Court in Suva has directed the release of the audio recordings and transcripts of the controversial Commission of Inquiry to four individuals challenging its findings.
Justice Dane Tuiqereqere yesterday granted former Fiji Independent Commission Against Corruption commissioner Barbara Malimali, Fiji Law Society president William Wylie Clarke, the society’s immediate past president Laurel Vaurasi, and former attorney-general Graham Leung’s application.
Justice Tuiqereqere has directed the State to make the materials available for the applicants’ inspection on March 16.
At the hearing earlier this week the State had objected to the release, arguing that the records should remain confidential and that the court should rely primarily on the commission’s final report rather than the full body of evidence gathered during the inquiry.
But in his ruling, Justice Tuiqereqere said that since the President had already disclosed the report to the public, any confidentiality that may have existed was effectively overridden by that public disclosure last year.
He said the transcripts would be the best evidence of what occurred and what was said at the COI, adding that he had seen no authority produced by the State to support the claim that evidence given during the COI remained confidential and could not be used by the parties.
Meanwhile, Justice Tuiqereqere has added Justice David Ashton-Lewis as an interested party to the proceedings, having been satisfied that he has a legitimate interest.
He said Justice Ashton-Lewis, the commissioner of the inquiry, should be given the opportunity to contest the allegations of bias raised by Mr Leung and Ms Malimali if he wished.
On February 2, the four were granted leave to pursue a judicial review challenging the findings of the COI report, which was critical of their alleged actions.
The matter has been adjourned to April 10 for a three-day hearing on the substantive case.
