The High Court has set a mention date for the civil case that the Judicial Services Commission had commenced against the findings of the Commission of Inquiry into the appointment of the Commissioner of the Fiji Independent Commission Against Corruption (FICAC).
The case lists Chief Justice Salesi Temo and Chief Registrar Tomasi Bainivalu as the two challenging the findings of the COI. Mr Bainivalu is also the Secretary to the JSC.
The Commission of Inquiry, the Attorney General of Fiji and Justice David E. Ashton Lewis are named as the other party.
The case is listed before Justice Dane Tuiqereqere.
JSC has appointed Fa and Company to represent them and they will be seeking to quash the findings and recommendations of the Commission of Inquiry (COI) into the appointment of Barbara Malimali as Commissioner of FICAC.
Principal lawyer for FA & Company, Isireli Fa, 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 said last week.
“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.”
Mr Fa had said the COI’s interpretation on the above provisions forms the basis of its findings and recommendations in the COI Report.
“We find their interpretations to be perverse as they are inconsistent with the established rules of Statutory Interpretation and have serious unintended consequences for all involved.”
