The Fiji Law Society (FLS) is urging the President to obtain independent and impartial legal advice on how to proceed with Commission of Inquiry Report that investigated the appointment of FICAC Commissioner, Barbara Malimali.
In a statement published on its social media page, FLS said the findings of the COI report can be challenged in court.
“So it is only fair that those who are affected by the COI report — including Ms Malimali and the now dismissed Attorney-General, Mr Leung — have the opportunity to see what has been said about them in the COI report and to challenge its conclusions if they wish,” said the FLS.
“His Excellency and the Prime Minister must respect the Constitution by which they are bound.”
“The executive’s intrusion into the functions and roles of the JSC must not be permitted because it sets a precedent that threatens the independence of the judiciary and other constitutional commissions.”
“Whatever problems they are trying to solve in the actions they have taken, they are only creating further problems by acting outside the law.”
FLS added the FICAC saga has preoccupied and distracted the Government for many months.
“The Society had earnestly hoped that the COI report would bring that to an end.”
“Unfortunately, it appears that the actions taken in response to the COI report are only going to further extend the distraction and controversy.”
“This is not a good outcome for the stability and good governance that Fiji needs as the necessary foundation for addressing the many critical social and economic issues we face as a nation.”
