The Government has had sufficient time to submit its affidavit in opposition, and any additional time allowed will be prejudicial to former FICAC commissioner Barbara Malimali, who is challenging the legality of her termination.
Her lawyer Samuela Savu expressed the view, firmly opposing Deputy Solicitor-General Eliesa Tuiloma’s request for another seven days to file an opposing affidavit.
Earlier this year, presiding judge Justice Dane Tuiqereqere granted leave for Ms Malimali to bring judicial review proceedings against President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka concerning her dismissal. They included the Attorney-General. Ms Malimali was suspended on May 29 and later dismissed by the President.
Mr Savu also reminded the court that Mr Tuiloma had previously requested 21 days in July to submit the affidavit, and should the court grant this extension, Ms Malimali would make a request for costs.
However, Justice Tuiqereqere has allowed the State to file the affidavit by September 19, and Ms Malimali may reply by October 3 if she chooses to do so.
Mr Savu brought to the court’s attention that the state had not fulfilled the court’s order to pay Ms Malimali $1500 as ordered on July 21. Consequently, Justice Tuiqereqere directed the State to settle the outstanding costs by the end of business this Friday.
Ms Malimali has been directed to file submissions by October 17, while the State must do so by October 20.
The hearing is set to begin on October 27.
