The Opposition is calling on the Prime Minister to seriously reconsider the individuals he continues to rely upon for legal advice, particularly where that advice has repeatedly been challenged in court.
A statement issued by the Leader of Opposition, Inia Seruiratu, warned that moves toward an out-of-court settlement raised concerns about weak leadership and a lack of confidence in findings the Prime Minister has already endorsed.
“The Opposition noted with serious concern reports that the Judicial Services Commission and the State, through the Office of the Attorney-General, are engaged in out-of-court settlement discussions relating to the findings and recommendations of the Commission of Inquiry into the appointment of the FICAC Commissioner,” he said.
“The Commission of Inquiry was a government-initiated process, established under the authority of the Executive and funded by taxpayers.”
Mr Seruiratu said the Attorney-General, as the Government’s principal legal adviser, was “central to advising on its legality, constitutional implications, and scope”.
“The decision by the Judicial Services Commission, a constitutional body, to seek judicial review and the State’s apparent willingness to settle rather than defend the inquiry’s findings in court raised serious questions about the quality of legal advice provided to the Prime Minister and Cabinet.”
“At the very least, this development suggests that there was a poor assessment of constitutional risk before the Commission of Inquiry was established, poor legal advice provided on the interpretation of the Constitution and the FICAC Act.”
He also warned of “unnecessary and avoidable public expenditure”, saying any settlement that quashes or neutralises the inquiry’s findings would raise concerns that public funds were spent on a process that failed to withstand “basic constitutional scrutiny”.
“Good governance demands competence, accountability and responsible stewardship of public funds.
“Fiji deserves nothing less.”
