CHIEF Justice Salesi Temo has criticised the legal advice given to President Ratu Naiqama Lalabalavu over the extension of the Commission of Inquiry into the appointment of former FICAC commissioner Barbara Malimali, saying lawyers had failed to properly examine the limits of the President’s powers.
Justice Temo made the comments while addressing newly admitted lawyers, using the inquiry as an example of the importance of providing accurate legal advice and understanding the limits imposed by legislation.
He described the outcome as “money wasted”, saying the responsibility lay with the lawyers rather than the clients who relied on their advice.
“We’ve got to work and find out what are the parameters of your power to continue with that legal work,” Justice Temo said.
He referred to the High Court judgment of Justice Dane Tuiqereqere, which found that the President did not have the power under the Commission of Inquiry Act to extend the inquiry beyond the statutory period.
“Lawyers were hired from overseas and they didn’t read the COI Act properly to show that His Excellency the President doesn’t have the power to extend it.
“As a result, all the work that they did later was pronounced ultra vires and null and void.”
The Chief Justice said the failure to identify the legal limitation resulted in the commission continuing its hearings without valid legal authority, adding that the matter demonstrated the responsibility lawyers had to examine legislation carefully and determine the limits of their clients’ legal powers.
“That is your work as lawyers, to dig, dig, dig. Obviously, the lawyer involved in that (advising the President) was amiss, (and) didn’t find it.
“What was the loss? Money wasted.”
When approached by The Fiji Times separately about the same High Court judgment that raised concerns of the appropriateness of Ms Malimali’s appointment, the Chief Justice declined to comment and directed questions to Justice Dane Tuiqereqere who delivered the judgment.
Justice Temo is the chairman of the Judicial Service Commission, which handled key judicial appointments, including the position of FiCAC Commissioner.
While ruling the findings of the COI null and void after finding the inquiry was tainted by bias and breached the rules of natural justice, Justice Tuiqereqere said it had served its purpose. He said Ms Malimali was not appropriate for the post in light of an active criminal investigation and an incident in Tuvalu.
