New Zealand lawyer Janet Mason had a medical certificate declaring she was “unfit for work” when she accepted the job of counsel assisting the David Ashton-Lewis lead Commission of Inquiry (COI) in October last year.
The COI was appointed by former president Ratu Wiliame Katonivere on October 29, 2024, to look into the appointment of Barbara Malimali as the commissioner of the Fiji Independent Commission Against Corruption. It began preliminary work in November.
Ms Mason produced the medical certificate as evidence in her appeal to the High Court of New Zealand against a disciplinary tribunal order last year that she be suspended from legal practice for three months.
The medical certificate was dated August 26, 2024. It said Ms Mason was unfit for work until the end of December 2024.
In his July 18 judgment, New Zealand judge Justice Geoffrey Venning said Ms Mason “did not take the advice contained in it” and accepted appointment to the COI position.
He described her evidence that the Fiji assignment reduced her stress as “not at all convincing”.
“The certificate confirmed that, in the doctor’s opinion, she would be unfit for work from 26 August, 2024 for a period of four months until 31 December, 2024,” Justice Venning said.
“Ms Mason wished to adduce (the certificate) in support of her evidence that she was not feeling well at the time of the Tribunal hearing (which took place in mid-October 2024) and she was hampered in her preparation for the hearing.
“She says that, due to her not feeling well, she was not able to talk to or obtain evidence from other witnesses who had evidence relevant to her case before the Tribunal.”
Justice Venning was critical of the medical certificate, saying that it was “in very general terms and lacking in detail”.
“It does not comply with the general requirement for medical certificates which can be found on the Medical Council of New Zealand website. Little weight can be placed on it.
“Further, Ms Mason does not seem to have taken the advice contained in it. She accepted the brief to act as counsel assisting the Fijian Commission of Inquiry in October 2024.
“In cross-examination, she accepted that (the COI) work was demanding. Her suggestion that the change and new environment reduced her stress was not at all convincing.”
