The High Court has adjourned the Judicial Services Commission’s (JSC) bid to overturn the Commission of Inquiry findings to 7 November, giving time to serve overseas-based respondent Judge Ashton Lewis.
Justice Dane Tuiqereqere signalled he intends to set a hearing date “before the end of the year” on the JSC’s application to quash the COI report into Barbare Malimali’s appointment as FICAC Commissioner.
Representing the JSC, FA & Company principal Isireli Fa told the court affidavits had been served to the PM’s Office (for the CoI), AG’s Office and President’s office.
Mr Fa had earlier said the judicial review application “raises serious issues with the conduct of the COI and its findings and recommendations”.
“In our opinion, its findings and recommendations are inconsistent with the evidence that was before the COI,” Mr Fa had said.
“Further, the JSC takes issue with the COI’s interpretation of s 5(1), s 7(1) and s 10(1) of the FICAC Act 2007 on the appointment and powers of the Commissioner of FICAC; and s 82 of the Constitution of the Republic of Fiji 2013 on the role of the JSC in advising the President on the Commissioner of FICAC position.
