FORMER FICAC Commissioner Barbara Malimali wants both versions of the Commission of Inquiry report that were submitted to the President in May, following her termination, with a hearing scheduled to be fixed after a month.
This request was made by Ms Malimali’s lawyer Tanya Waqanika before Justice Dane Tuiqereqere at the High Court in Suva yesterday.
Last week, the judge granted leave for Ms Malimali to bring judicial review proceedings against President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka regarding her dismissal.
Justice Tuiqereqere yesterday expressed the need to view the COI report, as it pertains to the matters.
Justice Tuiqereqere had outlined three key considerations/ questions when granting leave to Ms Malimali:
-Whether the President was permitted to revoke Ms Malimali’s appointment on the advice of the Prime Minister;
-Whether Ms Malimali was denied natural justice before the decision made on June 2, 2025; and
-Whether the Prime Minister acted reasonably when advising the President, in reliance on the findings and recommendations of the Report of the Commission of Inquiry.
The case was addressed yesterday to allow the parties to assist the judge in determining the scope of the issues and the legal arguments for the upcoming hearing.
Ms Malimali was suspended from her position following the release of the Justice David Ashton-Lewis’s COI report to the President. The inquiry was to establish the nature of her appointment.
On June 2, her suspension was reversed, and she was instead dismissed by the President, allegedly on the advice of Mr Rabuka.
Ms Waqanika stated that for clarity, she required both digital and physical copies of the COI report provided to the President on May 1 and 14 of this year, as the report was a basis for the respondents’ decision regarding Ms Malimali’s termination.
In response, Deputy State Solicitor Eliesa Tuiloma acknowledged the State’s willingness to provide the documents; however, he noted that the COI report has been accessible on the Fiji Government Website for approximately two months.
Meanwhile, Ms Waqanika intends to cross-examine witnesses but has not yet revealed their names to the court.
Additionally, she has been instructed to submit her notice of motion by this Friday, followed by an affidavit in support of the judicial review within the next seven days.
She has been advised to file any application concerning the conduct of the hearing and preliminary matters, such as a discovery application, among others.
At the same time, the court granted Mr Tuiloma’s request for 21 days to submit an affidavit in response.
The case will be revisited on September 8 to establish a hearing date and to address any application filed with the court.
