The High Court has ruled that the President and Prime Minister failed to observe the requirements of procedural fairness in relation to the decision to release the Commission of Inquiry report to the public.
Justice Dane Tuiqereqere made the declaration in his ruling today on judicial review proceedings challenging findings arising from the Commission of Inquiry into the appointment of former FICAC Commissioner Barbara Malimali.
In his declarations, Justice Tuiqereqere found that the President, acting on the advice of the Prime Minister, failed to observe procedural fairness when deciding to release the COI report publicly.
The judge said this denied the applicants “a fair and impartial justice”.
Justice Tuiqereqere also ruled that the extension of the Commission of Inquiry after January 31, 2025 was ineffective.
As a result, the Commissioner’s actions after that date, including completion of the report dated May 1, 2025, were declared ultra vires — meaning beyond the Commission’s legal authority.
The court further found that adverse findings and recommendations relating to the September 5, 2024 meeting were outside the scope of the Commission’s terms of reference and therefore unlawful.
Justice Tuiqereqere also found the Commissioner failed to observe procedural fairness before making adverse findings and recommendations against the applicants, thereby denying them natural justice.
The court declared that the Commissioner’s conduct in carrying out the inquiry gave rise to a reasonable apprehension of bias.
The ruling also found certain adverse findings against William Clarke to be irrational, while adverse findings against two other applicants concerning the FICAC office meeting on September 5, 2024 were also declared irrational.
As a result of the declarations, the court quashed the adverse findings and recommendations.
Justice Tuiqereqere further declared the Commission of Inquiry report dated May 1, 2025 “in its entirety, null and void.”
