Former Attorney-General Graham Leung and former FICAC Commissioner Barbara Malimali lost their positions on the basis of adverse findings in the Commission of Inquiry report without having seen the report beforehand, the High Court judgment says.
In his ruling quashing the COI findings, Justice Dane Tuiqereqere noted that the inquiry hearings concluded on March 3, 2025, and the applicants heard nothing further from the Commission before its completed report was presented to the President in May.
Justice Tuiqereqere said Leung’s appointment as Attorney-General was terminated on May 30, 2025, on the basis of adverse findings against him.
“He had not seen the COI Report at the time of his termination and was unaware of the adverse findings against him,” the judgment states.
Malimali’s appointment as FICAC Commissioner was revoked on June 2, 2025, also on the basis of adverse findings contained in the report.
Justice Tuiqereqere said Malimali “had not had any opportunity to see the COI Report prior to cessation of her employment”.
The judgment also examined the subsequent public release of the report.
Justice Tuiqereqere said the COI report was released publicly on July 1, 2025, following a decision by the President on the advice of the Prime Minister.
“The adverse findings against the applicants were reputationally harmful to the applicants,” the judge said.
“That will have been obvious to the Prime Minister and President.”
Justice Tuiqereqere said none of the applicants was given an opportunity to consider the report or respond to it before its public release.
The court considered whether procedural fairness and natural justice required the applicants to be notified of the adverse findings before the report was completed or released publicly.
In his final declarations, Justice Tuiqereqere found the President and Prime Minister failed to observe the requirements of procedural fairness in relation to the decision to publicly release the report.
The High Court ultimately quashed the adverse findings and recommendations and declared the May 1, 2025 COI report null and void in its entirety.
